School Says Rest Can Deter STDs, Parents Say

"Respondent district has reacted to repeated efforts to improve its sexual health and HIV/AIDS prevention instruction from concerned and knowledgeable parents and expert organizations - plaintiffs and petitioners here - with a combination of delay, obstruction and dismissive rejection. Any modifications that were made have been insufficient for purposes of code compliance. At present, the high school instruction presents students with outdated, ideologically driven, biased and inaccurate materials," the complaint states.

The Holt textbook contains only one unit on sexual health, while the remaining five units deal with other aspects of health, including self-esteem, nutrition and drug abuse. In the four chapters dealing with sex, the textbook focuses solely on saving sex for marriage, according to the complaint.

"In the chapter entitled 'Risks of Adolescent Sexual Activity,' the Holt textbook instructs that abstinence is the way to 'protect your future.' Throughout, the Holt textbook fails to include required information about contraception and condoms," the plaintiffs say.

While the book describes the symptoms and treatment of bacterial, viral and parasitic STDs, it never mentions condoms as a means of prevention.

"Instead, the section entitled 'Preventing STDs' is silent with respect to any FDA-approved STD prevention methods, relying exclusively on abstinence and suggestions that students 'Respect Yourself,' 'Get plenty of rest,' and 'Go out as a group,'" the complaint states.

For preventing HIV/AIDS, the Holt textbook "does not mention condoms, listing only '1. Practice abstinence,' '2. Avoid multiple partners,' advising that 'when a couple is ready for marriage, both partners should maintain a monogamous relationship,' '3. Don't share needles ... or any items that may put a person in contact with blood,' and '4. Avoid drinking alcohol or taking illegal drugs,'" the groups say, citing the Holt textbook.

The textbook neglects to provide teens with contraceptive advice, again stressing abstinence as the only sure way to prevent unwanted pregnancy. And it excludes lesbian, gay and bisexual teens as well, the plaintiffs claim.

"The Holt textbook reflects bias against gay, lesbian and bisexual people. For example, the Holt textbook lists a number of types of families, but does not include same-sex households in its list. The Holt textbook also emphasizes abstinence from sexual activity until marriage, which it defines as 'a lifelong union between a husband and a wife.' None of the discussions of sexual behavior or relationships discuss same-sex couples," the complaint states.

The plaintiffs say Clovis's "supplementary materials" fail to cure the Holt textbook's defects, by presenting abstinence-only programs, inaccurate and outdated information about STD and HIV/AIDS transmission, gender and sexual orientation bias, and medical inaccuracies.

A 1988 video with early AIDS victim Ryan White discusses how he "cannot participate in sports and must use a separate bathroom from other students," the complaint states.

Clovis Unified also violates state law by requiring parents to request that their children receive sexual health education rather than "opt-out," as the law demands. The district has stonewalled parents' demands to improve its sex ed program for 5 years, the plaintiffs say.

"Beginning in at least the 2007-2008 school year, respondent district implemented curriculum and hired instructors from Teen Choices Inc. for its intermediate schools. The Teen Choices program is replete with outdated, inaccurate, biased information. Indeed, the California Department of Education has twice found the Teen Choices program noncompliant with state law, after auditing it in other Central Valley school districts (Selma and Dinuba). Starting in 2009, petitioner Ghimenti outlined her concerns with the curriculum and instruction provided by Teen Choices to [district administrators]. For over one year, respondent district resisted not only a change to its curriculum, but also a dialogue with Ms. Ghimenti and other concerned parents," the complaint states.

Ghimenti and Smith say they fought the district through the 2011 school year, speaking out against Clovis's policies at public meetings and in letters to school administrators. They say that school officials ignored their requests and refused to allow them to copy materials for further evaluation.

A formal letter from American Academy of Pediatrics lawyers forced district officials to change the intermediate school curriculum, but the new materials continue to raise concerns about compliance with state law, the groups say. And the school district has continued to refuse to change the high school program.

Demands under the Public Records Act resulted in the school district providing "incomplete information, responded late and unlawfully withheld certain materials," the plaintiffs say. When the district finally provided parents with the new materials, the list conflicted with information it gave them at the beginning of the school year.

Finally, Clovis Unified allowed the groups to review "nearly all of the materials" in the intermediate and high school sexual health education program in April.

"Based on this review, petitioners have confirmed that respondent district's current high school curriculum fails to comply with the Act and is unlawful for the reasons discussed above," the complaint states.

The plaintiffs seek writ of mandate compelling Clovis Unified to provide a sex ed curriculum that complies with California law. They want the court to declare that the current program violates the education code, and an injunction restraining the school district from "teaching a noncompliant HIV/AIDS prevention and sexual health education curriculum" and requiring parents to opt their children in to sex ed classes.

The plaintiffs are represented by Alexis Coll-Very and Simona Strauss, with Simpson Thacher and Bartlett, of Palo Alto, with support from Elizabeth Gill of the ACLU in San Francisco.

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