San Francisco Unified School District and County Office of Education
Board Policy 5141.25
Availability Of Condoms
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
The Governing Board strongly supports the district’s policy of comprehensive sexuality education which teaches that abstinence is the only 100% effective way to avoid Sexually Transmitted Infections (STI’s), Human Immunodeficiency Virus, (HIV), and pregnancy. (Education Code 51551(a)). However, the Board also believes it has a responsibility to take steps to prevent pregnancy among minors, HIV infection and Acquired Immune Deficiency Syndrome (AIDS), and other sexually transmitted diseases among students who do not abstain from sexual activity.
Therefore, students are also provided information regarding condom use, with medically accurate statistics citing the failure and success rates of condoms in preventing pregnancy, AIDS, and other STIs. (Education Code 51551(b)(3)). This education is provided through comprehensive sexuality education in middle school and high school, including classroom presentations. School Wellness Centers also offer voluntary services such as health fairs or private sessions with school district nurses and social workers.
Condoms, when properly used, can reduce the incidence of pregnancy and transmission of HIV/AIDS and other STIs. Minors may consent to their own receipt of contraception, including condoms. (Family Code 6925). There is no legal restriction that limits minors’ access to condoms. The Board therefore finds it appropriate for condoms to be available to male and female students at high schools and middle schools, under the conditions described below. Student participation in this program is entirely voluntary.
(cf. 5146 – Married/Pregnant/Parenting Students)
(cf. 6142.1 – Sexual Health and HIV/AIDS Prevention Instruction)
Parental Notice
The Superintendent or designee shall annually notify parents/guardians about the existence of this program. Parents/guardians can receive information and educational materials designed to help them communicate effectively with their children about pregnancy prevention and sexually transmitted diseases by contacting school sites directly.
Access and Information
Condoms are provided to the schools by the San Francisco Department of Public Health and are packaged with educational/instructional materials. Condoms shall be provided in their original packaging, along with the manufacturer’s instructions.
Condoms shall be available at Wellness Centers or other locations designated by the Superintendent or designee. Related information shall be provided at the same locations, and designated trained Wellness Center staff will make the condoms available. A licensed health care professional will be available for consultation and to refer to additional resources as needed.
Condoms shall be available to middle school students in conjunction with an appropriate session with the school social worker or school district nurse to identify risk factors and connect students to appropriate resources and supports as needed.
Verbal and/or written information shall be available to all students obtaining condoms which stresses that abstinence is the only 100% effective method of preventing pregnancy and sexually transmitted infections and which does not condone or in any way encourage sexual activity among or with minors. Students shall receive additional information as appropriate and necessary regarding the proper use of condoms and their effectiveness. Youth friendly clinic information is also included with the condom.
Information shall also be provided to advise students not to engage in unlawful sexual activity. School staff are mandated reporters and shall report any unlawful sexual activity as required by law.
Legal Reference:
EDUCATION CODE
49062 Records; establishment, maintenance and destruction
49069 Absolute right to access
49422 Supervision of health and physical development of pupils
51934 AIDS prevention instruction
FAMILY CODE
6925 Prevention or treatment of pregnancy
HEALTH AND SAFETY CODE
121255 Further findings and declarations
PENAL CODE
261.5 Unlawful sexual intercourse with female under age 18
286 Sodomy
288 Lewd or lascivious acts with child under age 14
288a Oral copulation
UNITED STATES CODE, TITLE 20
7906 Prohibition against use of federal funds for contraceptive distribution
COURT DECISIONS
People v. Beeman (1984) 35 Cal. 3d 547, 561
Management Resources:
WEB SITES
California Healthy Kids Resource Center: http://www.hkresources.org
California Department of Health Services: http://www.dhs.ca.gov
Centers for Disease Control and Prevention: http://www.cdc.gov
National Association of State Boards of Education: http://www.nasbe.org
Policy SAN FRANCISCO UNIFIED SCHOOL DISTRICT
adopted: February 23, 2016 San Francisco, California
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.