April 28, 2003

Dear Attorney General Lockyer:

As required by Elections Code Section 9002, this letter contains our review of the fiscal effect of the proposed initiative (File Number SA2003RF0009), called the “Parental Approval of Specified Sexual Instruction.”

Background

Current law requires public elementary and secondary schools that teach “sex education” (including Acquired Immune Deficiency Syndrome prevention) to notify the parent or guardian of each pupil in writing of such instruction at the beginning of the school year or at the time of the pupil’s enrollment. School districts and local school boards must provide parents and guardians with the opportunity to request that their child not receive such instruction. An alternative educational activity shall be provided to pupils whose parents or guardians have requested that they not receive the instruction. Districts and school boards also are required to inform parents or guardians of their right to inspect any written or audiovisual materials related to sex education. Current law specifies that if a nonschool employee will be providing the instruction, parents must receive the following information: (1) date of the instruction, (2) name of the organization or affiliation of the instructor, and (3) notification regarding the right to request copies of the instructional materials. After the initial notification, if arrangements are made for an outside organization or guest speaker to provide sexual instruction, parents or guardians must be made aware of such changes before the instruction is delivered.

Under existing law, individuals responsible for notifying parents or guardians of the school’s sex education courses and related materials may have their certification (teaching or administrative credential) revoked or suspended if they fail to fulfill such responsibilities. Furthermore, persons who require a pupil to attend a sex education class when the parent requested otherwise can also have their certification revoked or suspended.

Proposal

This measure amends the State Constitution to require parental notification of the instruction of sex education. Specifically, the measure:

Fiscal Impact

The fiscal implications of this measure would depend in large part on how parents and school officials respond to its provisions. It would, however, result in some additional school district costs resulting from more frequent notification of parents or guardians regarding sex education instruction and other related costs.

Costs of Parent Notification. The main fiscal impact on school districts would be from the additional and more frequent notification required by the measure, based on available data regarding the costs of similar notification requirements.

Other Related Costs. Districts could also incur additional costs related to teacher training, monetary damages, and instructional materials.

We estimate that costs statewide to school districts could be in the low millions of dollars annually.

Summary of Fiscal Effects

This measure would result in additional costs to school districts from parent notification regarding sex education topics, potentially in the low millions of dollars annually.

 


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