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Chawanakee USD  |  BP  5141.25  Students

Availability Of Condoms   

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The Governing Board recognizes that many students are risking exposure to the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) by engaging in sexual activity in spite of the fact that abstinence is the only 100% effective means for preventing the transmission of HIV/AIDS.

The Board strongly encourages teenage students to abstain from sexual activity. However, the Board recognizes that the spread of HIV and AIDS has reached epidemic proportions in our society and that young people infected today may unknowingly spread the virus for years to come. The Board believes it has a responsibility to take steps to prevent the spread of HIV among and by students who do not abstain from sexual activity.

(cf. 6142.2 - AIDS Prevention Instruction)

Condoms, when properly used, can lessen the chances of transmitting HIV and other sexually transmitted diseases. The extent to which the use of condoms can prevent the spread of HIV depends upon the extent to which people have access to condoms. The Board therefore finds it appropriate for condoms to be available to male and female students at high schools, along with information which stresses that abstinence is the only sure means of protecting against HIV, explains the effective use of condoms, and identifies unlawful sexual activity.

The Superintendent or designee shall notify parents/guardians of Board policy regarding the availability of condoms and shall seek parent/guardian involvement in developing plans for implementing this policy. The Board shall approve plans related to the availability of condoms prior to implementation.

Option 1: Only licensed health care professionals authorized by the Superintendent or designee may provide condoms to individual students in accordance with restrictions specified in administrative regulations.

Before implementing a condom availability program, the district shall notify parents/guardians that they may exclude their children from the program. Parents/guardians who choose to exclude their children shall be offered information and educational materials designed to help them communicate effectively with their children about HIV/AIDS.

Option 2: Condoms shall be available to individual high school students at locations designated by the Superintendent or designee. Related information shall be provided at the same locations, and a licensed health care professional shall be available to counsel students.

Legal Reference:

CIVIL CODE

34.5 Unemancipated minors

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

HEALTH AND SAFETY CODE

199.46 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

People v. Beeman (1984) 35 Cal. 3d 547, 561

Management Resources:

Morbidity and Mortality Weekly Report, Vol. 41, No. 14, April 10, 1992

Duerr Evaluation Resources, Youth Risk Behavior Survey, 1989-1991

Policy CHAWANAKEE UNIFIED SCHOOL DISTRICT

adopted: February 16, 1993 North Fork, California