Existing law requires the Instructional Quality Commission, during the next revision of the publication Health Framework for California Public Schools, to consider including a distinct category on sexual abuse and sex trafficking prevention education, as specified.

This bill would require the commission to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified, when that health framework is next revised after January 1, 2016. The bill would require the commission, if the commission includes comprehensive information on sexual harassment and violence in the health framework, to comply with specified conditions.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual harassment and violence, as specified, and ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Existing law requires the Instructional Quality Commission, during the next revision of the publication Health Framework for California Public Schools, to consider including a distinct category on sexual abuse and sex trafficking prevention education, as specified.

This bill would require the commission to consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified, when that health framework is next revised after January 1, 2016. The bill would require the commission, if the commission includes comprehensive information on sexual harassment and violence in the health framework, to comply with specified conditions.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual harassment and violence, as specified, and ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Existing law requires the Instructional Quality Commission, during the next revision of the publication Health Framework for California Public Schools, to consider including a distinct category on sexual abuse and sex trafficking prevention education, as specified.

This bill would require the commission to consider including a distinct category comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence, as specified, when that health framework is next revised after January 1, 2016. The bill would require the commission, if the commission includes a comprehensive information on sexual harassment and violence category in the health framework, to comply with specified conditions.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual harassment and violence, as specified, and ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Existing law requires the Instructional Quality Commission, during the next revision of the publication Health Framework for California Public Schools, to consider including a distinct category on sexual abuse and sex trafficking prevention education, as specified.

This bill would require the commission to consider including a distinct category for grades 9 to 12, inclusive, on sexual harassment and violence, as specified, when that health framework is next revised after January 1, 2016. The bill would require the commission, if the commission includes a sexual harassment and violence category in the health framework, to comply with specified conditions.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual assault harassment and violence, as specified, and ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual assault and violence, as specified. specified, and ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual assault and violence, as specified.

SENATE THIRD READING

STR Bill Id:SB 695

Author:(De León and Jackson)

As Amended Ver:August 31, 2015

Majority vote

SENATE VOTE: 39-0

SUMMARY: Requires the Instructional Quality Commission (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 provide instruction on these topics. Specifically, this bill:

1. Requires that, when the health curriculum framework is next revised, the IQC consider including comprehensive information on sexual harassment and violence for grades 9 to 12 that includes:

1. Information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship, a discussion of prevention strategies, how pupils report sexual harassment and violence, and potential resources victims can access

2. Discussion of the affirmative consent standard and skills pupils use to establish boundaries in peer and dating relationships

3. Discussion of legal aspects of sexual harassment and violence under state and federal law

2. Requires that if the IQC includes comprehensive information on sexual harassment and violence in the health framework, the IQC:

1. Ensure that information included in the framework is research-based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. States that this activity may include reviewing other states’ curricula.

2. Consult with secondary health teachers and experts in sexual harassment and violence curricula

3. Requires that, if a school district requires a course in health education for graduation from high school, the school board:

1. Include instruction in sexual harassment and violence, including information on the affirmative consent standard

2. Ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. General Fund administrative costs to the California Department of Education (CDE) of approximately $65,000 for the IQC to contract with at least two experts to advise the IQC on issues of sexual harassment and violence for incorporation into the health framework. This represents total costs over a three to four year period. The health framework is currently scheduled for revision in 2018.

2. Proposition 98 (1988)/General Fund cost pressure, potentially in excess of $700,000, for school districts that currently require health education as a graduation requirement to provide instructional materials and associated professional development for this new instruction. Additional unknown costs for school districts to ensure that teachers consult the health framework when delivering health instruction.

EXISTING LAW:

1. 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.

2. Authorizes school districts to provide sexual abuse and sex trafficking prevention education, including instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident.

3. 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.

COMMENTS:

Need for this bill. The author's office states: "Given the statistics regarding the victimization of women between the ages of 18-24, high school students are the most vulnerable population and the importance of educating them early on these issues is paramount to reducing the number of incidents. Many California high schools require health education as a condition of graduation. As part of this education, students in grades 9-12 learn about the importance of healthy relationships, how interpersonal communication affects relationships, decision-making skills to extract oneself from an unhealthy situation, and an understanding of issues related to bullying, sexual harassment and violence. The next step in expanding these education efforts is to discuss the issue of rape and sexual violence with all high school students – male and female."

Adolescence as a ‘window of opportunity’ for preventing sexual violence. According to the National Conference of State Legislatures (NCSL), 22 states had laws pertaining to teen dating violence (physical and sexual) as of 2014. Many of these laws require or encourage instruction in violence prevention as part of health education, or require the development of curriculum on this topic. NCSL notes that destructive relationships during the teen years are associated with lifelong unhealthy relationship practices and other risk factors, and that "adolescence is a ‘window of opportunity’ for prevention" of sexual and physical violence.

How many districts require a health course for graduation? Based on information provided on school district Web sites, five of the 10 largest school districts require a course in health for graduation. This includes the Los Angeles Unified School District, the largest district in the state, which graduated 27,000 students in the 2013-14 school year.

Current schedule for health framework revision. California's public school curriculum is based on content standards in various subjects, including health. These standards are developed by the IQC through a public process, and adopted by the State Board of Education. The content standards are the basis for California's curriculum frameworks, documents which guide the implementation of these standards and establish criteria used to evaluate instructional materials. Curriculum frameworks are revised and adopted on an eight-year cycle, and instructional materials adoptions take place after new frameworks are adopted. Standards adoptions generally precede the development of the frameworks. According to the CDE, the next revision of the health framework will be in 2018.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001874

 UNFINISHED BUSINESS  

Bill No: SB 695

Author: De León (D) and Jackson (D)

Amended: 8/31/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 4/15/15

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

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 39-0, 6/1/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Hueso

ASSEMBLY FLOOR: 78-1, 9/2/15 - See last page for vote

SUBJECT: School curriculum: health education: sexual harassment and violence instruction

SOURCE: Author

DIGEST: This bill requires school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual harassment and violence, and requires the Instructional Quality Commission (IQC), during the next revision of the health framework, to consider including comprehensive information for grades 9-12 on sexual harassment and violence.

Assembly Amendments modify the requirement regarding the IQC, by requiring the IQC to consider the inclusion of comprehensive information rather than inclusion of a distinct category.

ANALYSIS:

Existing law:

Sexual Harassment

1. States that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. (Education Code § 231.5)
   
   

2. Requires each educational institution in the State of California to have a written policy on sexual harassment. (EC § 231.5)
   
   

3. Defines “sexual harassment” as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
   
   

   1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.

   2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.

   3. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.

   4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (EC § 212.5)

Instruction

4. Requires school districts to ensure that all students in grades 7-12 receive HIV/AIDS prevention education, as specified, from instructors trained in the appropriate courses. Each student must receive this instruction at least once in junior high or middle school and at least once in high school. (EC § 51934)
   
   

5. Authorizes school districts to provide comprehensive sexual health education, as specified, consisting of age-appropriate instruction, in any grade, using instructors trained in the appropriate courses. (EC § 51933)
   
   

6. Authorizes school districts to provide sexual abuse and sex trafficking prevention education, including instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident. (EC § 51950)
   
   

7. Provides that parents have the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, sexual abuse and sex trafficking prevention education, and assessment related to that education. Requires school districts to notify the parent of each student about instruction in sexual health and HIV/AIDS prevention and research on student health behaviors and risks planned for the coming year. (EC § 51938)

Curriculum

8. Requires the IQC, during the next revision of the health curricular framework, to consider including content that includes 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)
   
   

Affirmative Consent

9. Requires the governing board of California’s public and private postsecondary institutions to adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. Requires the policy to include, among other things, an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. (EC § 67386)
   
   

10. Defines “affirmative consent” as affirmative, conscious, and voluntary agreement to engage in sexual activity. (EC § 67386)
    
    

High School Graduation Requirements

11. Requires a student to pass both the English language arts and mathematics portions of the California High School Exit Exam and complete the following courses as a condition of graduating from high school:
    
    

    1. Three years of English.

    2. Two years of mathematics, one year of which must be Algebra I.

    3. Two years of science, including biological and physical sciences.

    4. Three years of social studies, including United States history and geography; world history, culture, and geography; one semester of American government and civics, and one semester of economics.

    5. One year of visual or performing arts, foreign language, or until July 1, 2017, career technical education.

    6. Two years of physical education. (EC § 60851, § 51225.3, and § 51224.5)
       
       

12. Authorizes school districts to impose additional coursework requirements as a condition of graduation from high school. (EC § 51225.3 and § 51224.5)

This bill:

1. Requires the governing board of a school district, if the district requires a course in health education for graduation from high school, to include instruction in sexual harassment and violence, including but not limited to, information on the affirmative consent standard.
   
   

2. Requires the governing board to ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.
   
   

3. Requires the IQC, when next reviewing the health framework, to consider including comprehensive information for grades 9-12 on sexual harassment and violence that includes but is not limited to all of the following:
   
   

   1. Information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship; a discussion of prevention strategies; how students report sexual harassment and violence; and potential resources victims can access.

   2. Discussion of the affirmative consent standards and skills students use to establish boundaries in peer and dating relationships.

   3. Discussion of legal aspects of sexual harassment and violence under state and federal law.
      
      

4. Requires the IQC, if it includes comprehensive information regarding sexual harassment and violence in the health framework, to comply with both of the following:
   
   

   1. Ensure information included in the framework is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include but not be limited to reviewing other state curriculum.

   2. Consult with secondary health teachers and experts in sexual harassment and violence curriculum.

Background

Instruction. This bill requires, if a school district requires a course in health education for high school graduation, to include instruction in sexual harassment and violence. Existing law authorizes sexual abuse and sex trafficking prevention education, but existing law is silent with regard to instruction in sexual harassment and violence.

Health standards and framework. The health standards currently include limited references to sexual harassment and sexual violence but do not reference the affirmative consent standard. The health framework does not appear to include any references to either sexual harassment or sexual violence.

The State Board of Education adopted the health framework in 2003, and adopted the Health content standards in March of 2008. The Health framework was scheduled for review in 2011 but the entire process to revise the frameworks and adopt instructional materials was suspended beginning July 28, 2009. There does not appear to be a specific plan for the resumption of the process of reviewing and updating the health framework.

Parental opt-out. Existing law authorizes school districts to provide comprehensive sexual health education, and requires school districts to ensure that all students receive HIV/AIDS prevention education at least once in junior high or middle school and at least once in high school. Existing law provides for parental opt-out of all of parts of HIV/AIDS prevention, sexual health, and sexual abuse and sex trafficking prevention education. Existing parental opt-out provisions are specific to instruction that references reproductive organs. Existing law does not require options for parental opt-out for violence prevention instruction. This bill does not provide for a parental opt-out, nor does it address instruction regarding reproductive organs.

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

According to the Assembly Appropriations Committee:

• General Fund administrative costs to the California Department of Education of approximately $65,000 for the IQC to contract with at least two experts to advise the IQC on issues of sexual harassment and violence for incorporation into the health framework. This represents total costs over a three to four year period.

• Proposition 98/General Fund cost pressure, potentially in excess of $700,000, for school districts that currently require health education as a graduation requirement to provide instructional materials and associated professional development for this new instruction. Additional unknown costs for school districts to ensure that teachers consult the health framework when delivering health instruction.

SUPPORT: (Verified 9/2/15)

None received

OPPOSITION: (Verified 9/2/15)

None received

ASSEMBLY FLOOR: 78-1, 9/2/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Gallagher

NO VOTE RECORDED: Beth Gaines

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

9/2/15 15:57:05

**** END ****

Date of Hearing: July 1, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 695

Author:(De León) – As Amended Ver:April 22, 2015

SENATE VOTE: 39-0

SUBJECT: School curriculum: health education: sexual harassment and violence instruction.

SUMMARY: Requires the Instructional Quality Commission (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. Specifically, this bill:

1. Requires that, when the health curriculum framework is next revised, the IQC consider including a distinct category for grades 9 to 12 on sexual harassment and violence that includes:

1. information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship, a discussion of prevention strategies; how pupils report sexual harassment and violence, and potential resources victims can access

2. discussion of the affirmative consent standard and skills pupils use to establish boundaries in peer and dating relationships

3. discussion of legal aspects of sexual harassment and violence under state and federal law

2. Requires that if the IQC includes a sexual harassment and violence category in the health framework, that category:

1. ensure that information included in the framework is research-based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. States that this activity may include reviewing other states’ curricula.

2. consult with secondary health teachers and experts in sexual harassment and violence curricula

3. Requires that, if a school district requires a course in health education for graduation from high school, the school board:

1. include instruction in sexual harassment and violence, including information on the affirmative consent standard

2. ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction

EXISTING LAW:

1. Specifies requirements for graduation from high school, including: three courses in English, two courses in mathematics, two courses in science, three courses in social studies, one course in visual or performing arts, foreign language, or career technical education, and two courses in physical education. Authorizes school districts to adopt additional requirements for high school graduation.

2. 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.

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. Authorizes school districts to provide sexual abuse and sex trafficking prevention education, including instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident.

5. 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, about $65,000 General Fund for including sexual harassment and violence in the health framework, and to the extent school districts require completion of a health education course to graduate, significant additional Proposition 98 General Fund costs and additional unknown costs for ensuring that teachers consult this information when delivering health instruction.

COMMENTS:

Need for the bill. The author’s office states, “Given the statistics regarding the victimization of women between the ages of 18-24, high school students are the most vulnerable population and the importance of educating them early on these issues is paramount to reducing the number of incidents. Many California high schools require health education as a condition of graduation. As part of this education, students in grades 9-12 learn about the importance of healthy relationships, how interpersonal communication affects relationships, decision-making skills to extract oneself from an unhealthy situation, and an understanding of issues related to bullying, sexual harassment and violence. The next step in expanding these education efforts is to discuss the issue of rape and sexual violence with all high school students – male and female.”

Adolescence as a ‘window of opportunity’ for preventing sexual violence. According to the National Conference of State Legislatures (NCSL), 22 states had laws pertaining to teen dating violence (physical and sexual) as of 2014. Many of these laws require or encourage instruction in violence prevention as part of health education, or require the development of curriculum on this topic. NCSL notes that while destructive relationships during the teen years are associated with lifelong unhealthy relationship practices and other risk factors, “adolescence is a ‘window of opportunity’ for prevention” of sexual and physical violence.

How many districts require a health course for graduation? Based on information provided on district websites, five of the ten largest school districts require a course in health for graduation. This includes the Los Angeles Unified School District, the largest district in the state, which graduated 27,000 students in the 2013-14 school year.

Current schedule for health framework revision. California’s public school curriculum is based on content standards in various subjects, including health. These standards are developed by the IQC through a public process, and adopted by the State Board of Education (SBE).

The content standards are the basis for California’s curriculum frameworks, documents which guide the implementation of these standards and establish criteria used to evaluate instructional materials. Curriculum frameworks are revised and adopted on an eight-year cycle, and instructional materials adoptions take place after new frameworks are adopted. Standards adoptions generally precede the development of the frameworks. According to the CDE, the next revision for Health will be in 2018. However, if AB 740 (Weber) of this Session is enacted, establishing a schedule for content standards updates, and if the SBE continues the practice of revising frameworks after content standards revisions, this schedule may need to be revised.

Related legislation. SB 592 (Leyva) of this Session would have required school districts to provide educational programs that promote healthy relationships and prevent adolescent relationship abuse to students in grades 6-12, required the Superintendent of Public Instruction to provide information for use by schools, and required school safety plans to include procedures and policies to prevent and respond to adolescent relationship abuse. SB 592 was held in the Senate Appropriations Committee.

AB 329 (Weber) of this Session makes instruction in sexual health education a requirement, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.

SB 967 (De Leon), Chapter 748, Statutes of 2014, requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions to adopt a policy concerning campus sexual violence, domestic violence, dating violence and stalking that includes specified components, including the affirmative consent standard.

AB 1857 (Fong) of the 2011-12 Session 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 Superintendent of Public Instruction (SPI) to provide model curriculum. AB 1857 was held in the Assembly Appropriations Committee.

AB 1880 (Lara) of the 2011-12 Session 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) of the 2011-12 Session 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) of the 2011-12 Session and SB 1300 (Correa) of the 2009-10 Session would have required schools that elect to provide teen dating violence prevention education to ensure that the instruction meets certain criteria, and requires the SBE to incorporate teen dating violence and sexual violence curriculum into the health curriculum framework. SB 13 failed passage in Senate Education Committee, and SB 1300 failed passage in the Assembly Education Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Federation of State, County and Municipal Employees

Association of California School Administrators

California Federation of Teachers

California State PTA

California Teachers Association

City of Berkeley

National Association of Social Workers – California chapter

Peace Officers Research Association of California

Planned Parenthood

Opposition

California Right to Life Committee

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

 THIRD READING  

Bill No: SB 695

Author: De León (D) and Jackson (D)

Amended: 4/22/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 4/15/15

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

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: School curriculum: health education: sexual harassment and violence instruction

SOURCE: Author

DIGEST: This bill requires school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual harassment and violence, and requires the Instructional Quality Commission, during the next revision of the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence.

ANALYSIS:

Existing law:

Sexual harassment

1. States that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. (Education Code § 231.5)
   
   

2. Requires each educational institution in the State of California to have a written policy on sexual harassment. (EC § 231.5)
   
   

3. Defines “sexual harassment” as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
   
   

1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
   
   

2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
   
   

3. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
   
   

4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (EC § 212.5)

Instruction

4. Requires school districts to ensure that all students in grades 7-12 receive HIV/AIDS prevention education, as specified, from instructors trained in the appropriate courses. Each student must receive this instruction at least once in junior high or middle school and at least once in high school. (EC § 51934)
   
   

5. Authorizes school districts to provide comprehensive sexual health education, as specified, consisting of age-appropriate instruction, in any grade, using instructors trained in the appropriate courses. (EC § 51933)
   
   

6. Authorizes school districts to provide sexual abuse and sex trafficking prevention education, including instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident. (EC § 51950)
   
   

7. Provides that parents have the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, sexual abuse and sex trafficking prevention education, and assessment related to that education. Requires school districts to notify the parent of each student about instruction in sexual health and HIV/AIDS prevention and research on student health behaviors and risks planned for the coming year. (EC § 51938)

Curriculum

8. Requires the Instructional Quality Commission (IQC), during the next revision of the Health curricular framework, to consider including content that includes 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)
   
   

Affirmative consent

9. Requires the governing board of California’s public and private postsecondary institutions to adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. Requires the policy to include, among other things, an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. (EC § 67386)
   
   

10. Defines “affirmative consent” as affirmative, conscious, and voluntary agreement to engage in sexual activity. (EC § 67386)
    
    

High school graduation requirements

11. Requires a student to pass both the English language arts and mathematics portions of the California High School Exit Exam and complete the following courses as a condition of graduating from high school:
    
    

    1. Three years of English.
       
       

    2. Two years of mathematics, one year of which must be Algebra I.
       
       

    3. Two years of science, including biological and physical sciences.
       
       

    4. Three years of social studies, including United States history and geography; world history, culture, and geography; one semester of American government and civics, and one semester of economics.
       
       

    5. One year of visual or performing arts, foreign language, or until July 1, 2017, career technical education.
       
       

    6. Two years of physical education. (EC § 60851, § 51225.3, and § 51224.5)
       
       

12. Authorizes school districts to impose additional coursework requirements as a condition of graduation from high school. (EC § 51225.3 and § 51224.5)

This bill:

1. Requires the governing board of a school district, if the district requires a course in health education for graduation from high school, to include instruction in sexual harassment and violence, including but not limited to, information on the affirmative consent standard.
   
   

2. Requires the governing board to ensure that teachers consult information related to sexual harassment and violence in the Health framework when delivering health instruction.
   
   

3. Requires the IQC, when next reviewing the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence that includes but is not limited to all of the following:
   
   

   1. Information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship; a discussion of prevention strategies; how students report sexual harassment and violence; and potential resources victims can access.
      
      

   2. Discussion of the affirmative consent standards and skills students use to establish boundaries in peer and dating relationships.
      
      

   3. Discussion of legal aspects of sexual harassment and violence under state and federal law.
      
      

4. Requires the IQC, if it includes a sexual harassment and violence category in the Health framework, to comply with both of the following:
   
   

   1. Ensure information included in the framework is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include but not be limited to reviewing other state curriculum.
      
      

   2. Consult with secondary health teachers and experts in sexual harassment and violence curriculum.

Comments

Instruction. This bill requires, if a school district requires a course in health education for high school graduation, to include instruction in sexual harassment and violence. Existing law authorizes sexual abuse and sex trafficking prevention education, but existing law is silent with regard to instruction in sexual harassment and violence.

Health standards and framework. The Health standards currently include limited references to sexual harassment and sexual violence but do not reference the affirmative consent standard. The Health framework does not appear to include any references to either sexual harassment or sexual violence.

This bill requires the IQC, during the next revision of the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence. The creation of a distinct category within a framework is consistent with existing law relative to the development of a distinct category on mental health instruction, and a category on sex abuse and sex trafficking within the Health framework.

The State Board of Education adopted the Health framework in 2003, and adopted the Health content standards in March of 2008. The Health framework was scheduled for review in 2011 but the entire process to revise the frameworks and adopt instructional materials was suspended beginning July 28, 2009. There does not appear to be a specific plan for the resumption of the process of reviewing and updating the Health framework.

Parental opt-out. Existing law authorizes school districts to provide comprehensive sexual health education, and requires school districts to ensure that all students receive HIV/AIDS prevention education at least once in junior high or middle school and at least once in high school. Existing law provides for parental opt-out of all of parts of HIV/AIDS prevention, sexual health, and sexual abuse and sex trafficking prevention education. Existing parental opt-out provisions are specific to instruction that references reproductive organs. Existing law does not require options for parental opt-out for violence prevention instruction. This bill does not provide for a parental opt-out, nor does it address instruction regarding reproductive organs.

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

According to the Senate Appropriations Committee:

1. To include sexual harassment and violence in the health framework, the California Department of Education estimates the costs to be about $65,000 General Fund for contracting with experts, and additional, likely minor costs, to incorporate the additional content in the next revision of the health framework.
   
   

2. To the extent school districts require completion of a health education course to graduate, these school districts are required to include instruction in sexual harassment and violence and ensure that teachers consult the health framework when delivering this instruction, which could drive significant additional Proposition 98 General Fund costs. Additional unknown costs will be incurred for the school district to ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

SUPPORT: (Verified 5/28/15)

Association of California School Administrators

Berkeley City Council

California State PTA

California Teachers Association

National Association of Social Workers, California Chapter

Peace Officers Research Association of California

OPPOSITION: (Verified 5/28/15)

California Right to Life Committee

ARGUMENT IN SUPPORT: According to the Association of California School Administrators, “it is important to educate and inform our youth about healthy relationships and address the underlying problems that lead to sexual assault and violence. We fully support any initiative that provides tools and best practices to help our students and believe that all students should have access to this type of instruction to ensure that they are all well-informed.”

ARGUMENTS IN OPPOSITION: According to the California Right to Life Committee, “this bill purports to counter sexual attacks by students with appropriate training for high school pupils. This is another non-academic subject forced on teachers and their students in an effort to mitigate a cultural problem. We believe much of this sexual assault in today’s culture is a lack of respect for the individual which is a direct consequence of the abortion culture. Young people have received, as from osmosis, an understanding that one’s individual life has little value when one’s own mother can destroy it.”

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

5/31/15 12:42:19

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 695 (De León) - School curriculum: health education: sexual harassment and violence instruction

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

Bill Summary:

This bill requires school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual harassment and violence, and requires the Instructional Quality Commission (Commission), during the next revision of the health framework, to consider including a distinct category for grades 9 through 12 on sexual harassment and violence.

Fiscal Impact:

• Commission: To include sexual harassment and violence in the health framework, the California Department of Education (CDE) estimates the costs to be about $65,000 General Fund for contracting with experts, and additional, likely minor costs, to incorporate the additional content in the next revision of the health framework.
  
  

• Local costs: To the extent school districts require completion of a health education course to graduate, these school districts are required to include instruction in sexual harassment and violence and ensure that teachers consult the health framework when delivering this instruction, which could drive significant additional Proposition 98 General Fund costs. Additional unknown costs will be incurred for the school district to ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Background:

Current law requires the Commission, during the next revision of the health curricular framework, to consider including a distinct category on sexual abuse and sex trafficking prevention education that includes content on prevention and reporting strategies, 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. (Education Code § 33545)

Current law requires the governing board of California’s public and private postsecondary institutions to adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. The policy must include, among other things, an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” is defined under current law as affirmative, conscious, and voluntary agreement to engage in sexual activity. (Education Code § 67386)

Current law establishes minimum requirements for graduation from the state’s public high schools. Some of these requirements include passing the California High School Exit Exam and completing courses in various subject areas for a specified length of time, such as three years of English and two years of mathematics. Current law also authorizes school districts to impose additional coursework requirements as a condition of graduation from high school. (Education Code § 60851, § 51225.3, and § 51224.5)

Academic content standards define the knowledge, concepts and skills that pupils should learn at each grade level. Curriculum frameworks serve as a blueprint for how to implement the standards and provide guidance to publishers, along with evaluation criteria, for the development of instructional materials. The role of the Commission is to recommend curriculum frameworks to the State Board of Education (SBE); develop criteria for evaluating instructional materials; study, evaluate and recommend to the SBE instructional materials for adoption; and make recommendations to the SBE regarding the use of frameworks and model curriculum, and alignment with the academic content standards.

Proposed Law: This bill requires that when the health curriculum framework is next revised, the Commission consider including a distinct category for grades 9 through 12 on sexual harassment and violence that includes various components, including: (1) information on different forms of sexual harassment and violence, preventative strategies, reporting strategies for students, and resources students can access; (2) the affirmative consent standard and skills students can use to set boundaries in relationships; and (3) legal aspects under state and federal law. If the Commission includes this category in the framework, this bill requires the Commission to ensure that the information included in the framework is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds.

In addition, if a school district requires a course in health education for graduation, the school district must include instruction in sexual harassment and violence, including information on the affirmative consent standard. Finally, the school district must ensure teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction.

Related Legislation:

1. SB 592 (Leyva) requires, among other things, school districts to provide educational programs that promote healthy relationships and prevent adolescent relationship abuse to students in grades 6 through 12 and requires CDE to provide information for use by schools. SB 592 is pending in this committee.
   
   AB 1857 (Fong, 2012), AB 1880 (Lara, 2012), and AB 1373 (Fong, 2011) all relate to either providing education programs to promote healthy relationships and to prevent teen dating violence or including related information in school safety plans. These bills were held in the Assembly Appropriations Committee.

Staff Comments: This bill requires school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual harassment and violence, as specified. Because completion of a health education course is not a state requirement for graduation, additional costs at the local level imposed by this bill would not be reimbursable under state mandate law.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 695

Subject: School curriculum: health education: sexual assault and violence instruction

NOTE: This bill has been referred to the Committees on Education and Appropriations. ……….?A "do pass" motion should include referral to the Committee on Appropriations.

SUMMARY

This bill requires school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual assault and violence, and requires the Instructional Quality Commission, during the next revision of the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence.

BACKGROUND

Current law:

Sexual harassment

1. States that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. (Education Code § 231.5)
   
   

2. Requires each educational institution in the State of California to have a written policy on sexual harassment. (EC § 231.5)
   
   

3. Defines “sexual harassment” as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
   
   

1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
   
   

2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
   
   

3. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
   
   

4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (EC § 212.5)

Instruction

4. Requires school districts to ensure that all students in grades 7-12 receive HIV/AIDS prevention education, as specified, from instructors trained in the appropriate courses. Each student must receive this instruction at least once in junior high or middle school and at least once in high school. (EC § 51934)
   
   

5. Authorizes school districts to provide comprehensive sexual health education, as specified, consisting of age-appropriate instruction, in any grade, using instructors trained in the appropriate courses. (EC § 51933)
   
   

6. Authorizes school districts to provide sexual abuse and sex trafficking prevention education, including instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident. (EC § 51950)
   
   

7. Provides that parents have the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, sexual abuse and sex trafficking prevention education, and assessment related to that education. Current law requires school districts to notify the parent of each student about instruction in sexual health and HIV/AIDS prevention and research on student health behaviors and risks planned for the coming year.

(EC § 51938)

Curriculum

8. Requires the Instructional Quality Commission, during the next revision of the Health curricular framework, to consider including content that includes 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)
   
   

Affirmative consent

9. Requires the governing board of California’s public and private postsecondary institutions to adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. Current law requires the policy to include, among other things, an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. (EC § 67386)
   
   

10. Defines “affirmative consent” as affirmative, conscious, and voluntary agreement to engage in sexual activity. (EC § 67386)
    
    

High school graduation requirements

11. Requires a student to pass both the English language arts and mathematics portions of the California High School Exit Exam and complete the following courses as a condition of graduating from high school:
    
    

    1. Three years of English.
       
       

    2. Two years of mathematics, one year of which must be Algebra I.
       
       

    3. Two years of science, including biological and physical sciences.
       
       

    4. Three years of social studies, including United States history and geography; world history, culture, and geography; one semester of American government and civics, and one semester of economics.
       
       

    5. One year of visual or performing arts, foreign language, or until July 1, 2017, career technical education.
       
       

    6. Two years of physical education.

(Education Code § 60851, § 51225.3, and § 51224.5)

12. Authorizes school districts to impose additional coursework requirements as a condition of graduation from high school.

(Education Code § 51225.3 and § 51224.5)

ANALYSIS

This bill requires school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual assault and violence, and requires the Instructional Quality Commission, during the next revision of the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence. Specifically, this bill:

1. Requires the governing board of a school district, if the district requires a course in health education for graduation from high school, to include instruction in sexual assault and violence, including but not limited to, information on the affirmative consent standard.
   
   

2. Requires the governing board to ensure that teachers consult information related to sexual harassment and violence in the Health framework when delivering health instruction.
   
   

3. Requires the Instructional Quality Commission (IQC), when next reviewing the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence that includes but is not limited to all of the following:
   
   

   1. Information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship; a discussion of prevention strategies; how students report sexual harassment and violence; and potential resources victims can access.
      
      

   2. Discussion of the affirmative consent standards and skills students use to establish boundaries in peer and dating relationships.
      
      

   3. Discussion of legal aspects of sexual harassment and violence under state and federal law.
      
      

4. Requires the Instructional Quality Commission (IQC), if it includes a sexual harassment and violence category in the Health framework, to comply with both of the following:
   
   

   1. Ensure information included in the framework is research-based and appropriate for students of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include but not be limited to reviewing other state curriculum.
      
      

   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, “Given the statistics regarding the victimization of women between the ages of 18-24, high school students are the most vulnerable population and the importance of educating them early on these issues is paramount to reducing the number of incidents. Many California high schools require health education as a condition of graduation. As part of this education, students in grades 9-12 learn about the importance of healthy relationships, how interpersonal communication affects relationships, decision-making skills to extract oneself from an unhealthy situation, and an understanding of issues related to bullying, sexual harassment and violence. The next step in expanding these education efforts is to discuss the issue of rape and sexual violence with all high school students – male and female.”
   
   

2. Instruction. This bill requires, if a school district requires a course in health education for high school graduation, to include instruction in sexual harassment and violence. Current law authorizes sexual abuse and sex trafficking prevention education, but current law is silent with regard to instruction in sexual harassment and violence.
   
   

3. Health standards and framework. The Health standards currently include limited references to sexual harassment and sexual violence but do not reference the affirmative consent standard. The Health framework does not appear to include any references to either sexual harassment or sexual violence.
   
   This bill requires the Instructional Quality Commission, during the next revision of the Health framework, to consider including a distinct category for grades 9-12 on sexual harassment and violence. The creation of a distinct category within a framework is consistent with current law relative to the development of a distinct category on mental health instruction, and a category on sex abuse and sex trafficking within the Health framework.
   
   The State Board of Education adopted the Health framework in 2003, and adopted the Health content standards in March of 2008. The Health framework was scheduled for review in 2011 but the entire process to revise the frameworks and adopt instructional materials was suspended beginning July 28, 2009. There does not appear to be a specific plan for the resumption of the process of reviewing and updating the Health framework.
   
   

4. Parental opt-out. Current law authorizes school districts to provide comprehensive sexual health education, and requires school districts to ensure that all students receive HIV/AIDS prevention education at least once in junior high or middle school and at least once in high school. Current law provides for parental opt-out of all of parts of HIV/AIDS prevention, sexual health, and sexual abuse and sex trafficking prevention education. Existing parental opt-out provisions are specific to instruction that references reproductive organs. Current law does not require options for parental opt-out for violence prevention instruction. This bill does not provide for a parental opt-out, nor does it address instruction regarding reproductive organs.
   
   

5. Clarifying and technical amendments. This bill includes several references to “sexual harassment” and one reference to “sexual assault,” including the requirement that health courses required for high school graduation include instruction in sexual assault and violence. All references should be to “sexual harassment.”
   
   A. On page 3, line 2, strike “assault” and insert “harassment.”
   
   

2. On page 2, line 25, strike “state” and insert “states’.”
   
   

6. Related and prior legislation
   
   RELATED LEGISLATION
   
   SB 592 (Leyva) 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 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 is scheduled to be heard by this Committee on April 15.
   
   AB 329 (Weber, 2015) requires school districts to provide comprehensive sexual health education to students in grades 7-12. AB 329 is pending in the Assembly Education Committee.
   
   AB 517 (Gallagher, 2015) places the condition of active parental consent on the current authority for school districts to provide comprehensive sexual health or

HIV/AIDS prevention education. AB 517 failed passage in the Assembly Education Committee on April 8.

PRIOR LEGISLATION

SB 967 (De Leon, Ch. 748, 2014) requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions to adopt a policy concerning campus sexual violence, domestic violence, dating violence and stalking that includes specified components, including the affirmative consent standard.

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 Superintendent of Public Instruction (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.

SUPPORT

None received.

OPPOSITION

California Right to Life Committee

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