Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would require the commission to consider including during the next revision of the health framework after January 1, 2017, comprehensive information, for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would require the commission to consider including during the next revision of the health framework after January 1, 2017, comprehensive information, for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would require the commission to consider including during the next revision of the health framework after January 1, 2017, comprehensive information, for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would require the commission to include consider including during the next revision of the health framework after January 1, 2017, comprehensive information, for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would require the commission to include during the next revision of the health framework after January 1, 2017, comprehensive information, for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would instead require the commission to include that comprehensive information during the next revision of the health framework after January 1, 2017, and also to include comprehensive information, for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

Existing law requires the Instructional Quality Commission, during the next revision after January 1, 2016, of the publication Health Framework for California Public Schools, to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified.

This bill would instead require the commission to include that comprehensive information during the next revision after January 1, 2017, and also to include comprehensive information, for grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

 UNFINISHED BUSINESS  

Bill No: SB 1435

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 8-0, 3/30/16

AYES: Liu, Block, Huff, Leyva, Mendoza, Monning, Pan, Vidak

NO VOTE RECORDED: Hancock

SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/27/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NOES: Nielsen

NO VOTE RECORDED: Bates

SENATE FLOOR: 30-3, 5/31/16

AYES: Allen, Beall, Berryhill, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk

NOES: Anderson, Fuller, Nielsen

NO VOTE RECORDED: Bates, Gaines, Huff, Moorlach, Morrell, Runner, Stone

ASSEMBLY FLOOR: 54-18, 8/29/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the Instructional Quality Commission (IQC) to consider including comprehensive information, for grades K-8, on the development of healthy relationships in the next revision to the Health framework.

Assembly Amendments require the IQC to consider including (rather than requiring the IQC to include) information on the development of health relationships in the next revision of the Health framework, require the information to be consistent with the health education standards, modify the provision requiring consultation with teachers, and define “development of a healthy relationship.”

ANALYSIS:

Existing law:

1. Requires the IQC to consider including in the next revision of the Health framework:
   1. Comprehensive information for grades 9-12 on sexual harassment and violence. (Education Code § 33544)
   2. A distinct category on sexual abuse and sex trafficking prevention education that includes, among other things, a discussion of healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities. (EC § 33545)
2. Requires schools to provide comprehensive sexual health education in grades 7-12, and states that the purpose of this instruction, among other things, is to:
   1. Provide students with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family.
   2. Provide students with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors. (EC § 51930)
3. Requires all comprehensive sexual health education to meet specified criteria, including:
   1. Instruction and materials shall teach the value of and prepare students to have and maintain committed relationships such as marriage.
   2. Instruction and materials shall provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. (EC § 51933)

This bill:

1. Requires the IQC to consider including comprehensive information, for kindergarten and grades 1-8, on the development of healthy relationships in the next revision to the Health framework after January 1, 2017.
2. Requires the information to be age and developmentally appropriate and consistent with the health education standards adopted by the State Board of Education (SBE).
3. Requires the IQC to comply with both of the following when including information on the development of healthy relationships in the Health framework:
   1. Ensure information is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This bill specifically authorizes the IQC to review other states’ curricula.
   2. Consult with teachers and educators with expertise in curriculum for developing healthy relationships.
4. Provides that “development of a healthy relationship” includes but is not limited to all of the following:
   1. Understanding the principles of treating one another with respect, dignity, and kindness.
   2. Demonstrating the ability to use interpersonal communication skills to address and resolve disagreement and conflict.
   3. Recognizing when and how to respond to dangerous or other situations that may result in the bullying, harassment, harming, or hurting of another person.

Comments

Healthy relationships. Existing law requires the IQC to consider including in the next revision of the Health framework information relative to healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities. That information is to be included in a distinct category on sexual abuse and sex trafficking prevention. This bill focuses on information that is to be separate and apart from the distinct category on sexual abuse and sex trafficking prevention, from information for grades 9-12 on sexual harassment and violence, and from comprehensive sexual health education.

Health framework. The 2003 Health framework is outdated and no longer current. It does not reflect the Health Education Content Standards adopted by the SBE in March 2008. The Health framework was scheduled for revision in 2009-10, with adoption expected in 2011. Statute was enacted on July 28, 2009 that halted the revision process due to severe budget constraints. According to the California Department of Education’s (CDE) Web site, their planning timeline provides for the next revision of the Health framework to begin in September 2016, with adoption by the SBE estimated in May 2019.

The Health standards and framework currently include limited references to healthy relationships. Specifically, instruction in grades 9-12 is to include discussion of the characteristics of healthy relationships, dating, committed relationships, and marriage; instruction in grades 7-8 is to use a decision-making process to examine risky social and dating situations, and apply a decision-making process to avoid potentially dangerous situations, such as violence in dating; instruction in grades 4-6 is to help students understand and demonstrate how to promote positive health practices within the school and community, including how to cultivate positive relationships with their peers. This bill applies to the Health framework for kindergarten and grades 1-8.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee:

• Minor/absorbable costs to the CDE. The Budget Act of 2016 includes $362,000 in one-time funds for the revision of the Health framework, editorial charges associated with the development of the science framework, and the operational expenses of the IQC.
• According to the CDE, the healthy relationship topics required by this bill are already covered in the health education content standards which are the foundation for the Health framework.

SUPPORT: (Verified 8/25/16)

American Academy of Pediatrics, California

American Civil Liberties Union

California Coalition Against Sexual Assault

California Partnership to End Domestic Violence

California State PTA

Equality California

Los Angeles Unified School District

National Association of Social Workers, California Chapter

OPPOSITION: (Verified 8/25/16)

None received

ASSEMBLY FLOOR: 54-18, 8/29/16

AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low, Mathis, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Kim, Melendez, Obernolte, Patterson, Wagner, Waldron, Wilk

NO VOTE RECORDED: Achadjian, Frazier, Hadley, Linder, Maienschein, Mayes, Olsen, Steinorth

Prepared by:

8/30/16 14:11:16

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1435

Author:(Jackson)

As Amended Ver:August 4, 2016

Majority vote

SENATE VOTE: 30-3

SUMMARY: Requires that when the health framework is next revised after January 1, 2017, the Instructional Quality Commission (IQC) consider including comprehensive information for grades K-8 on the development of healthy relationships. Specifically, this bill:

1. Requires that, when the state health framework is next revised after January 1, 2017, the IQC consider including comprehensive, and age and developmentally appropriate information for kindergarten through grade eight on the development of healthy relationships. Requires that this information be consistent with the health education standards adopted by the State Board of Education (SBE).
2. Requires the IQC, should it include this content in the health framework, to:
   1. Ensure that information included in the health framework is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. States that this may include reviewing other states' curricula
   2. Consult with health teachers and educators with expertise in curriculum for developing healthy relationships
3. Defines, for purposes of this act, the "development of healthy relationships" to include:
   1. Understanding the principles of treating one another with respect, dignity, and kindness
   2. Demonstrating the ability to use interpersonal communication skills to address and resolve disagreement and conflict
   3. Recognizing when and how to respond to dangerous or other situations that may result in the bullying, harassment, harming, or hurting of another person

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor/absorbable costs to the California Department of Education. The Budget Act of 2016 includes $362,000 in one-time funds for the revision of the health framework, editorial charges associated with the development of the science framework, and the operational expenses of the IQC. According to the California Department of Education (CDE), the healthy relationship topics required by this bill are already covered in the health education content standards which are the foundation for the health framework.

EXISTING LAW:

1. Establishes the IQC as an advisory body to the SBE, and authorizes it to study problems of courses of study in the schools of the state, and, upon request of the SBE, recommend the adoption of minimum standards for courses of study in preschool, kindergarten, elementary, and secondary schools.
2. Requires the IQC to consider adding content to the health curriculum framework for grades 9-12 on sexual harassment and violence, including the affirmative consent standard, and requires school districts which require a health course for graduation to include this content.
3. Requires the IQC, during the next revision of the health curriculum framework, to consider including content on sexual abuse and sex trafficking prevention, healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities.

COMMENTS:

Need for the bill. The author's office states:

SB 1435 is the third in a series of measures to help proactively address incidence of sexual harassment and assault among children, adolescent teens, and young adults.

In 2014, Senators de León and Jackson jointly authored SB 967 [Chapter 748] to establish an affirmative consent standard at California's colleges and universities. In response to a growing number of reports and disturbing statistics on sexual harassment and assault among young adults, SB 967 was pursued to address the challenges facing the state's college and universities in providing safe learning environments.

In 2015, the state adopted SB 695 (De León /Jackson), [Chapter 424] which required that the topic of sexual harassment and sexual assault be taught in high schools that require health as a requirement for graduation. Recognizing that increasing awareness at the collegiate level among young adults, although helpful, was only the first step, SB 695 acknowledged that sexual harassment and assault education and awareness had to be taught in high school as a proactive effort to prevent these incidents from occurring later in life.

However, in the development of SB 695 it became clear that starting earlier by providing opportunities in elementary and middle school is needed to help children learn how to develop healthy relationships, to help them understand the virtue of treating one another with respect and dignity.

Health framework revision suspended due to recession, now expected to be adopted in 2019. The state's health framework was last revised in 2003. It does not reflect the state's health content standards, which were adopted in 2008. The CDE's Web site notes that the sections on family living are inconsistent with current law.

Work on revising of the health framework was initiated in 2008. In 2009 the state's fiscal emergency halted all work on instructional materials adoptions and framework revisions until the 2013-14 school year by AB 2 X4 (Evans) Chapter 2, Statutes of 2009-10 Fourth Extraordinary Session. That suspension was later extended until the 2015-16 school year by SB 70 (Budget and Fiscal Review Committee), Chapter 7, Statutes of 2011. CDE reports that the framework is now scheduled for adoption by the SBE in 2019.

The Budget Act of 2016 includes $362,000 in one-time funds for the revision of the health framework, editorial charges associated with the development of the science framework, and the operational expenses of the IQC. The Budget also includes $135,000 for the CDE to contract with a researcher/writer with expertise in sex trafficking and sexual abuse to draft a section of the health framework for consideration by the IQC. This appropriation is related to SB 1165 (Mitchell), Chapter 713, Statutes of 2014, which requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003955

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1435

Author:(Jackson) – As Amended Ver:June 29, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires when the health framework is next revised after January 1, 2017, the Instructional Quality Commission (IQC): to consider including comprehensive information for grades K-8 on the development of healthy relationships that is age and developmentally appropriate. The information included in the framework must be research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. The bill also authorizes the IQC to review other states’ curricula and requires the IQC to consult with secondary health teachers and experts in sexual harassment and violence curriculum.

FISCAL EFFECT:

Minor/absorbable costs to the California Department of Education. The Budget Act of 2016 includes $362,000 in one-time funds for the revision of the health framework, editorial charges associated with the development of the science framework, and the operational expenses of the IQC. According to the CDE, the healthy relationship topics required by this bill are already covered in the health education content standards which are the foundation for the health framework.

COMMENTS:

1. Purpose. According to the author, this bill is the third in a series of measures to help proactively address incidences of sexual harassment and assault among children, adolescent teens, and young adults. In 2014, SB 967 (De León /Jackson) established an affirmative consent standard at California’s colleges and universities. In 2015, SB 695 (De León /Jackson) required the topic of sexual harassment and sexual assault to be taught in high schools that require health as a requirement for graduation.

According to supporters of this bill, including the California Partnership to End Domestic Violence, SB 1435 takes a proactive approach to help students develop social and emotional skills, build healthy relationships with their peers, and to help reduce incidences of sexual harassment, assault and peer-to-peer violence by providing instructional resources that are developmentally appropriate.

1. Comments. According to the CDE, the health framework is scheduled to be updated in 2019 and will include information on developing healthy relationships, irrespective of this bill. The content standards for health education that were adopted in 2008 include standards related to healthy relationships at all grade levels. The revision of the health framework will be based on these content standards. The standards include knowledge and skills related to healthy relationships, such as setting personal boundaries and respecting others’ boundaries, expressing feelings in appropriate ways, cooperating and sharing with friend and peers, accepting and respecting others, and supporting friends and family members.
2. Suggested amendments. Committee staff recommends technical amendments to clarify the information considered for inclusion in the frameworks will be consistent with the health education standards adopted by the State Board of Education. Staff also recommends striking the requirement to consult with secondary teachers since the bill is specific to grades K-8.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: June 22, 2016

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 1435

Author:(Jackson) – As Amended Ver:April 6, 2016

SENATE VOTE: 30-3

SUBJECT: School curriculum: health framework: healthy relationships

SUMMARY: Requires that the next revision of the Health Framework for California Public Schools include information for kindergarten through grade 8 on healthy relationships. Specifically, this bill:

1. Requires that, when the state health framework is next revised after January 1, 2017, the Instructional Quality Commission (IQC) include comprehensive, and age and developmentally appropriate information for kindergarten through grade 8 on the development of healthy relationships.
2. Requires the IQC to:
3. Ensure that information included in the health framework is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. States that this may include reviewing other states’ curricula.
4. Consult with secondary health teachers and experts in sexual harassment and violence curriculum.

EXISTING LAW:

1. Establishes the IQC as an advisory body to the State Board of Education (SBE), and authorizes it to study problems of courses of study in the schools of the state, and, upon request of the SBE, recommend the adoption of minimum standards for courses of study in preschool, kindergarten, elementary, and secondary schools. Requires that courses of study in the public schools conform to such minimum standards when adopted.
2. Requires the IQC to consider adding content to the health curriculum framework for grades 9-12 on sexual harassment and violence, including the affirmative consent standard, and requires school districts which require a health course for graduation to include this content.
3. Requires the IQC, during the next revision of the health curriculum framework, to consider including content on sexual abuse and sex trafficking prevention, healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities.
4. Defines “affirmative consent” as affirmative, conscious, and voluntary agreement to engage in sexual activity. States that is the responsibility of each person involved in the sexual activity to ensure that he/she has the affirmative consent of the others to engage in the sexual activity, that lack of protest or resistance does not mean consent, nor does silence mean consent, and that affirmative consent must be ongoing throughout the sexual activity and can be revoked at any time.
   

FISCAL EFFECT: According to the Senate Appropriations Committee: The California Department of Education (CDE) estimates costs of about $74,000 for the IQC to contract with at least two experts in sexual harassment and violence curriculum as required by this bill. (General Fund)

COMMENTS:

Need for the bill. The author’s office states: “SB 1435 is the third in a series of measures to help proactively address incidence of sexual harassment and assault among children, adolescent teens, and young adults. In 2014 Senators de León and Jackson jointly authored SB 967 to establish an affirmative consent standard at California’s colleges and universities. In response to a growing number of reports and disturbing statistics on sexual harassment and assault among young adults, SB 967 was pursued to address the challenges facing the state’s college and universities in providing safe learning environments. It did this by providing clear guidelines on how to prevent and respond to incidents of sexual harassment and assault on college and university campuses.

In 2015, the state adopted SB 695 (De León /Jackson), which required that the topic of sexual harassment and sexual assault be taught in high schools that require health as a requirement for graduation. Recognizing that increasing awareness at the collegiate level among young adults, although helpful, was only the first step, SB 695 acknowledged that sexual harassment and assault education and awareness had to be taught in high school as a proactive effort to prevent these incidents from occurring later in life.

However, in the development of SB 695, it became clear that starting earlier by providing opportunities in elementary and middle school is needed to help children learn how to develop healthy relationships, to help them understand the virtue of treating one another with respect and dignity.”

Curriculum, standards, frameworks, and model curricula. California’s public school curriculum is based on content standards in various subjects, including English-Language Arts, Mathematics, Science, History-Social Science, Physical Education, English Language Development, Career Technical Education, Health Education, World Languages, and Visual and Performing Arts. These standards are developed by the IQC through a public process, and are adopted by the SBE.

These standards form the basis of California’s curriculum frameworks. These documents guide the implementation of these standards, and are used to establish criteria for the evaluation of instructional materials for state adoption for grades kindergarten through grade eight. They also guide district selection of instructional materials for grades nine through twelve.

Health framework revision suspended due to recession, now expected to be adopted in 2019. The state’s health framework was last revised in 2003. It does not reflect the state’s health content standards, which were adopted in 2008. The CDE’s website notes that the sections on family living are inconsistent with current law.

Work on revising of the health framework was initiated in 2008. In 2009 the state’s fiscal emergency halted all work on instructional materials adoptions and framework revisions until the 2013-14 school year by AB 4 X2 (Evans) Chapter 2, Statutes of 2009. That suspension was later extended until the 2015-16 school year by SB 70 (Committee on Budget), Chapter 7, Statutes of 2011. CDE reports that the framework is now scheduled for adoption by the SBE in 2019.

The Budget Act of 2016 includes $362,000 in one-time funds for the revision of the health framework, editorial charges associated with the development of the science framework, and the operational expenses of the IQC. The budget also includes $135,000 for the CDE to contract with a researcher/writer with expertise in sex trafficking and sexual abuse to draft a section of the health framework for consideration by the IQC. This appropriation is related to SB 1165 (Mitchell), Chapter 713, Statutes of 2014, which requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.

“Require” vs. “require to consider.” This bill requires that the IQC include specified content regarding healthy relationships in the state’s health framework. For a number of years it has been the practice of this Committee to support bills which propose changes to the state’s curriculum frameworks by requiring the IQC to consider including specified content. This policy reflects the recognition that the IQC and the curriculum experts with whom it consults in developing the frameworks have expertise in academic content, curriculum and instruction, the scope and sequence of curriculum at each grade level, the design of instructional materials, constraints on instructional time, and the conditions of teaching. Consistent with this long-standing practice, staff recommends that this bill be amended to require that the IQC consider including the specified content in the health framework.

Related legislation. AB 146 (Christina Garcia), Chapter 392, Statutes of 2015, requires the SBE to consider including instruction on the unconstitutional deportation to Mexico during the Great Depression in the history-social science framework.

AB 2546 (Calderon) of this Session would require the IQC, when the history-social science curriculum framework is revised after January 1, 2017, to consider including information on financial literacy. This bill is pending in the Senate Education Committee.

SB 695 (De León and Jackson), Chapter 424, Statutes of 2015, requires the IQC to consider adding content to the health curriculum framework for grades 9-12 on sexual harassment and violence, including the affirmative consent standard, and requires school districts which require a health course for graduation to include this content.

Prior legislation. AB 659 (Nazarian) of the 2013-14 Session would have encouraged the CDE to include the Armenian Genocide in its published curriculum resources, encouraged the incorporation oral testimony when teaching specific instances of genocide into existing curriculum, and encouraged including the Armenian Genocide into state and local professional development activities and in the next revision of the history/social science curriculum framework.  This bill was held in the Senate Education Committee.

AB 1912 (Holden), Chapter 286, Statutes of 2014, requires require the IQC, during the next revision of the history-social science curriculum framework, to consider including, and recommending for adoption by the SBE, instruction on the election of President Barack Obama and the significance of the United States electing its first African American President.

SB 1165 (Mitchell), Chapter 713, Statutes of 2014, requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework, and permits a school district to provide sexual abuse and sex trafficking prevention education, as specified.

SB 1380 (Wyland), Chapter 441, Statutes of 2014, requires the IQC to consider including the Armenian Genocide in the history-social science framework, and encourages instruction to include specific components.

SB 330 (Padilla), Chapter, Statutes of 2013, requires, when the health framework is next revised, the IQC to consider developing and recommending to the SBE a distinct category on mental health instruction to educate pupils about all aspects of mental health.

AB 391 (Wieckowski) of the 2013-14 Session encouraged financial literacy instruction to be included in the next revision of the history-social science frameworks. This bill was held in the Assembly Appropriations Committee.

SB 552 (Calderon), Chapter 497, Statutes of 2013, provides that instruction in the area of social sciences may include instruction on violence awareness, which may include a component drawn from personal testimony in the form of oral or video histories of individuals who were involved with violence awareness efforts.

AB 424 (Donnelly), Chapter 483, Statutes of 2013, encourages the IQC to include the development of democracy, the history of the development of the United States Constitution, and specified historical documents in the history-social science framework.

SB 993 (De León), Chapter 211, Statutes of 2012, authorizes instruction in social science for grades 7-12 to include information about the Bracero program.

SB 779 (Lieu) of the 2011-12 Session would have also required the CDE to consider developing a personal finance curriculum in the next cycle in which the history/social science curriculum framework is adopted. This bill was held in the Assembly Appropriations Committee.

AB 970 (Block and Bass) of the 2009-10 Session encourages the SBE and the Curriculum Development and Supplemental Materials Commission (now the IQC) to ensure that the history-social science framework, evaluation criteria, and instructional materials adopted in the course of the next submission cycle include information about American Indians. This bill was amended to address another topic and held in the Business, Professions and Economic Development Committee.

SB 223 (Wyland) of the 2009-10 Session would have encouraged the Curriculum Development and Supplemental Materials Commission to consider and vote on including financial literacy in the curriculum. This bill was held in the Assembly Appropriations Committee.

SB 234 (Wyland) of the 2009-10 Session would have required the Curriculum Development and Supplemental Materials Commission to consider and vote on whether to include an oral history component specifically related to genocides in the proposed changes to the 2014 history-social science curriculum framework. This bill was held in the Assembly Appropriations Committee.

AB 2034 (Nunez) of the 2007-08 Session would have encouraged the SBE and the Curriculum Development and Supplemental Materials Commission to ensure that the next adoption of the history-social science framework, evaluation criteria, and instructional materials include specified content regarding American Indians. This bill was vetoed by Governor Schwarzenegger.

SB 1254 (Wyland) of the 2007-08 Session would have encouraged the Superintendent of Public Instruction (SPI) and the SBE to consider methods of enhancing pupil knowledge of American history and government. This bill was held in the Assembly Appropriations Committee.

AB 1950 (Lieu) of the 2005-06 Session would have required the CDE to consider developing a personal finance curriculum in the next cycle in which the history and social science curriculum framework and instructional materials are adopted.  This bill was vetoed by Governor Schwarzenegger.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California

American Civil Liberties Union of California

American Congress of Obstetricians and Gynecologists

California Coalition Against Sexual Assault

California Partnership to End Domestic Violence

California State PTA

California Teachers Association

Equality California

Los Angeles Unified School District

National Association of Social Workers, California Chapter

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 1435

Author: Jackson (D), et al.

Amended: 4/6/16

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 3/30/16

AYES: Liu, Block, Huff, Leyva, Mendoza, Monning, Pan, Vidak

NO VOTE RECORDED: Hancock

SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/27/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NOES: Nielsen

NO VOTE RECORDED: Bates

SUBJECT: School curriculum: health framework: healthy relationships

SOURCE: Author

DIGEST: This bill requires the next revision to the Health framework to include comprehensive information, for grades K-8, on the development of healthy relationships.

ANALYSIS:

Existing law:

1. Requires the Instructional Quality Commission (IQC) to consider including in the next revision of the Health framework:
   1. Comprehensive information for grades 9-12 on sexual harassment and violence. (Education Code § 33544)
   2. A distinct category on sexual abuse and sex trafficking prevention education that includes, among other things, a discussion of healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities. (EC § 33545)
2. Requires schools to provide comprehensive sexual health education in grades 7-12, and states that the purpose of this instruction, among other things, is to:
   1. Provide students with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family.
   2. Provide students with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors. (EC § 51930)
3. Requires all comprehensive sexual health education to meet specified criteria, including:
   1. Instruction and materials shall teach the value of and prepare students to have and maintain committed relationships such as marriage.
   2. Instruction and materials shall provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. (EC § 51933)

This bill:

1. Requires the Instructional Quality Commission (IQC) to include comprehensive information, for kindergarten and grades 1-8, on the development of healthy relationships in the next revision to the Health framework after January 1, 2017.
2. Requires the information to be age and developmentally appropriate.
3. Requires the IQC to comply with both of the following when including information on the development of healthy relationships in the Health framework:
   1. Ensure information is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This bill specifically authorizes the IQC to review other states’ curricula.
   2. Consult with secondary health teachers and experts in sexual harassment and violence curriculum.

Comments

Healthy relationships. This bill does not define “healthy relationships” or include parameters, such as healthy dating relationships. The purpose of this bill is to address all types of relationships.

Existing law requires the IQC to consider including in the next revision of the Health framework information relative to healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities. That information is to be included in a distinct category on sexual abuse and sex trafficking prevention. This bill focuses on information that is to be separate and apart from the distinct category on sexual abuse and sex trafficking prevention, from information for grades 9-12 on sexual harassment and violence, and from comprehensive sexual health education.

Health framework. The 2003 Health framework is outdated and no longer current. It does not reflect the Health Education Content Standards adopted by the State Board of Education (SBE) in March 2008. The Health framework was scheduled for revision in 2009-10, with adoption expected in 2011. Statute was enacted on July 28, 2009 that halted the revision process due to severe budget constraints. According to the California Department of Education’s Web site, their planning timeline provides for the next revision of the Health framework to begin in September 2016, with adoption by the SBE estimated in May 2019.

The Health standards and framework currently include limited references to healthy relationships. Specifically, instruction in grades 9-12 is to include discussion of the characteristics of healthy relationships, dating, committed relationships, and marriage; instruction in grades 7-8 is to use a decision-making process to examine risky social and dating situations, and apply a decision-making process to avoid potentially dangerous situations, such as violence in dating; instruction in grades 4-6 is to help students understand and demonstrate how to promote positive health practices within the school and community, including how to cultivate positive relationships with their peers. This bill applies to the Health framework for kindergarten and grades 1-8.

Different approach. This bill requires the IQC to include specific information in the next revision of the Health framework. The Senate Education Committee has passed numerous bills related to adding specified information or instruction to the various curricular frameworks; all prior measures have required the IQC to consider including specified information.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, the California Department of Education estimates costs of about $74,000 for the IQC to contract with at least two experts in sexual harassment and violence curriculum as required by this bill. (General Fund)

SUPPORT: (Verified 5/27/16)

None received

OPPOSITION: (Verified 5/27/16)

None received

Prepared by: Lynn Lorber / ED. / (916) 651-4105

5/28/16 17:08:40

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1435 (Jackson) - School curriculum: health framework: healthy relationships

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires that when the health curriculum framework is next revised after January 1, 2017, the Instructional Quality Commission (IQC) include comprehensive information for kindergarten and grades one through eight on the development of healthy relationships.

Fiscal Impact:

The California Department of Education estimates costs of about $74,000 for the IQC to contract with at least two experts in sexual harassment and violence curriculum as required by this bill. (General Fund)

Background:

Existing law requires the IQC to consider including in the next revision of the Health framework:

1. Comprehensive information for grades nine through 12 on sexual harassment and violence. (Education Code § 33544)
2. A distinct category on sexual abuse and sex trafficking prevention education that includes, among other things, a discussion of healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities. (EC § 33545)

Existing law also requires schools to provide comprehensive sexual health education in grades seven through 12 that meets specified criteria.

The 2003 Health framework is outdated as it does not reflect the Health Education Content Standards adopted by the State Board of Education (SBE) in March 2008. The Health framework was scheduled for revision in 2009-10, with adoption expected in 2011. Statute was enacted on July 28, 2009 that halted the revision process due to severe budget constraints. According to the IQC website, their 2016 goals include plans to revise the Health framework for adoption by the SBE in 2019.

Proposed Law:

This bill requires that when the Health framework is next revised after January 1, 2017, the IQC include comprehensive information for kindergarten and grades one through eight on the development of healthy relationships that is age and developmentally appropriate. The information included in the framework must be research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. The bill also authorizes the IQC to review other states’ curricula and requires the IQC to consult with secondary health teachers and experts in sexual harassment and violence curriculum.

Staff Comments: Though the Health framework is scheduled to be updated in 2019 and will likely include information on developing healthy relationships to conform to the health education content standards; this bill imposes additional costs beyond those routinely incurred in a curriculum framework revision. This bill specifically requires the IQC to consult with teachers and experts to include comprehensive information on the development of healthy relationships. This requirement imposes costs on the IQC to contract with at least two experts for up to four years to research, develop, meet with the framework committee and IQC, and provide assistance during the final editing process.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 1435

Subject: School curriculum: health education: healthy relationships

SUMMARY

This bill requires the next revision to the Health framework to include comprehensive information, for grades 1-8, on the development of healthy relationships, and modifies the existing requirement regarding the inclusion of comprehensive information, for grades 9-12, on sexual harassment and violence.

BACKGROUND

Existing law requires the Instructional Quality Commission to consider including in the next revision of the Health framework:

1. Comprehensive information for grades 9-12 on sexual harassment and violence. (Education Code § 33544)
   
2. A distinct category on sexual abuse and sex trafficking prevention education that includes, among other things, a discussion of healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities.

(EC § 33545)

Existing law requires schools to provide comprehensive sexual health education in grades 7-12, and states that the purpose of this instruction, among other things, is to:

1. Provide students with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family.
   
2. Provide students with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors. (EC § 51930)
   

Existing law requires all comprehensive sexual health education to meet specified criteria, including:

1. Instruction and materials shall teach the value of and prepare students to have and maintain committed relationships such as marriage.
   
2. Instruction and materials shall provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. (EC § 51933)

ANALYSIS

This bill requires the next revision to the Health framework to include comprehensive information, for grades 1-8, on the development of healthy relationships, and modifies the existing requirement regarding the inclusion of comprehensive information, for grades 9-12, on sexual harassment and violence. Specifically, this bill:

1. Requires the Instructional Quality Commission (IQC) to include comprehensive information, for grades 1-8, on the development of healthy relationships in the next revision to the Health framework.
   
2. Requires the information to be age and developmentally appropriate.
   
3. Modifies existing law to require the IQC to include, rather than require the IQC to consider including, comprehensive information, for grades 9-12, on sexual harassment and violence in the next revision of the Health framework.
   
4. Requires the IQC to comply with both of the following when including information in the Health framework:
   
   1. Ensure information is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds.
      
   2. Consult with secondary health teachers and experts in sexual harassment and violence curriculum.
      

STAFF COMMENTS

1. Need for the bill. According to the author, “SB 1435 is the third in a series of measures to help proactively address incidences of sexual harassment and assault among children, adolescent teens, and young adults. In 2014, Senators De León and Jackson joint authored SB 967 to establish an affirmative consent standard among California’s colleges and universities. In 2015, the state adopted SB 695 (De León and Jackson), which required that sexual harassment and sexual assault be taught in high schools that require health as a requirement for graduation. However, in the development of SB 695, it became clear that starting earlier by providing opportunities in elementary and middle school is needed to help children learn how to develop healthy relationships; to help them understand the virtue of treating one another with respect and dignity.”
   
2. Healthy relationships. This bill does not define “healthy relationships” or include parameters, such as healthy dating relationships. The purpose of this bill is to address all types of relationships.
   

Existing law requires the Instructional Quality Commission (IQC) to consider including in the next revision of the Health framework information relative to healthy boundaries for relationships, how to recognize potentially harmful and abusive relationships, and refusal skills to overcome peer pressure and to avoid high-risk activities. This information is to be included in a distinct category on sexual abuse and sex trafficking prevention.

Staff recommends an amendment to create a new section in the Education code specifically related to the inclusion of information on the development of healthy relationships in the Health framework for grades K-8, and to clarify that this information is to be separate and apart from the distinct category on sexual abuse and sex trafficking prevention, from information for grades 9-12 on sexual harassment and violence, and from comprehensive sexual health education. This amendment would leave intact the existing requirement that the IQC consider including information for grades 9-12 on sexual harassment and violence.

Staff further recommends an amendment to expand the grade levels affected by this bill to include kindergarten, in recognition that curricular frameworks include kindergarten.

1. Health framework. The 2003 Health framework is outdated and no longer current. It does not reflect the Health Education Content Standards adopted by the State Board of Education (SBE) in March 2008. The Health framework was scheduled for revision in 2009-10, with adoption expected in 2011. Statute was enacted on July 28, 2009 that halted the revision process due to severe budget constraints. According to the IQC website, their 2016 goals include plans to revise the Health framework for adoption by the SBE in 2019.

The Health standards and framework currently include limited references to healthy relationships. Specifically, instruction in grades 9-12 is to include discussion of the characteristics of healthy relationships, dating, committed relationships, and marriage; instruction in grades 7-8 is to use a decision-making process to examine risky social and dating situations, and apply a decision-making process to avoid potentially dangerous situations, such as violence in dating; instruction in grades 4-6 is to help students understand and demonstrate how to promote positive health practices within the school and community, including how to cultivate positive relationships with their peers. This bill applies to the Health framework for grades 1-8.

1. Different approach. This bill requires the IQC to include specific information in the next revision of the Health framework. This Committee has passed numerous bills related to adding specified information or instruction to the various curricular frameworks; all measures have required the IQC to consider including specified information. Consistent with prior practice, should this bill be amended require the IQC to consider including comprehensive information on the development of healthy relationships for grades K-8?
   
2. Related legislation. SCR 103 (Leyva) proclaims the month of February 2016 as Teen Dating Violence Awareness and Prevention Month. SCR 103 is pending on the Senate Floor.
   
3. Prior legislation. SB 592 (Leyva, 2015) requires school districts to provide educational programs that promote healthy relationships and prevent adolescent relationship abuse to students in grades 6-12, requires the Superintendent of Public Instruction (SPI) to provide information for use by schools, and requires school safety plans to include procedures and policies to prevent and respond to adolescent relationship abuse. SB 592 was held on the Senate Appropriations Committee’s suspense file.
   
   AB 1857 (Fong, 2012) authorized school districts to provide education programs to promote healthy relationships and prevent teen dating abuse to pupils in grades 7-12, and required the SPI to provide model curriculum. AB 1857 was held in the Assembly Appropriations Committee.
   
   AB 1880 (Lara, 2012) required middle and high school safety plans to include policies and procedures to prevent and respond to teen dating abuse in grades 6-12. AB 1880 was held in the Assembly Appropriations Committee.
   
   AB 1373 (Fong, 2011) authorized school districts or the county office of education to provide education programs to promote healthy relationships and prevent teen dating violence to pupils in grades 7-12, and required the SPI to provide information to schools about model programs. SB 1373 was held in the Assembly Appropriations Committee.
   
   SB 13 (Correa, 2011) and SB 1300 (Correa, 2010) would have required schools that elect to provide teen dating violence prevention education to ensure that the instruction meets certain criteria, and requires the State Board of Education to incorporate teen dating violence and sexual violence curriculum into the health curriculum framework. This instruction would have included components about, inappropriate sexual behavior, sexual harassment, sexual violence, and sexual assault. Both bills included parental notification and opt-out provisions. Concerns were raised about blending violence prevention education with sexual health education, and the ability of parents to opt-out of violence prevention education. SB 13 failed passage in this Committee, and SB 1300 failed passage in the Assembly Education Committee.
   
   ACR 29 (Bonilla, Ch. 30, 2011) proclaimed the month of February 2011 as Teen Dating Violence Awareness and Prevention Month.
   
   ACR 101 (Lara, Ch. 81, 2012) proclaimed the month of February 2012 as Teen Dating Violence Awareness and Prevention Month.
   

SUPPORT

American Academy of Pediatrics

American Civil Liberties Union

California Partnership to End Domestic Violence

Equality California

National Association of Social Workers, California Chapter

Planned Parenthood Affiliates of California

OPPOSITION

None received.

-- END --