Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about human trafficking, as specified.

This bill would require the information about human trafficking to also include information on how social media and mobile device applications are used for human trafficking. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 51934 of the Education Code proposed by AB 1868 to be operative only if this bill and AB 1868 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about human trafficking, as specified.

This bill would require the information about human trafficking to also include information on how social media and mobile device applications are used for human trafficking. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 51934 of the Education Code proposed by AB 1868 to be operative only if this bill and AB 1868 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about human trafficking, as specified.

This bill would require the information about human trafficking to also include information on how social media and mobile device applications are used for human trafficking. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about human trafficking, as specified.

This bill would require the information about human trafficking to also include information on, and would require each school district maintaining any of grades 7 to 12, inclusive, to provide training and education to parents and guardians on, on how social media and mobile device applications are used for human trafficking. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about human trafficking, as specified.

This bill would require the information about human trafficking to also include information on, and would require each school district maintaining any of grades 7 to 12, inclusive, to provide training and education to parents and guardians on, how social media and mobile device applications are used for human trafficking. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1861

Author:(Rodriguez)

As Amended Ver:August 8, 2018

Majority vote

Original Committee Reference: ED.

SUMMARY: Requires school districts to ensure that all pupils in grades seven to 12 receive information on how social media and mobile device applications are used for human trafficking, as part of comprehensive sexual health education.

The Senate amendments add double-jointing language to avoid chaptering out issues with AB 1868 (Cunningham) of the current legislative session.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

Analysis Prepared by: Naomi Ondrasek / ED. / (916) 319-2087 FN: 0003974

 THIRD READING  

Bill No: AB 1861

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 6/6/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 4/19/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill adds information on how social media and mobile device applications are used for human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on human trafficking for pupils in grades 7 to 12.

Senate Floor Amendments of 8/8/18 add double-jointing language to resolve chaptering issues with AB 1868 (Cunningham).

ANALYSIS:

Existing law:

1. Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. (Education Code § 51934)
2. Requires each pupil to receive comprehensive sexual health education and HIV prevention education instruction at least once in junior high or middle school and at least once in high school. (EC § 51934)
3. Requires the comprehensive sexual health education and HIV prevention education instruction to include, among other topics related to HIV and reproduction, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
4. Requires the Instructional Quality Commission (IQC), when the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2017, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, which shall be age and developmentally appropriate and consistent with the health education standards adopted by the State Board of Education. (EC § 33546)
5. Requires the IQC, if it includes comprehensive information on the development of healthy relationships in the health framework, to comply with both of the following:
   1. Ensure information included in the health framework is research-based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include, but shall not be limited to, reviewing other states’ curricula.
   2. Consult with teachers and educators with expertise in a curriculum for developing healthy relationships. (EC § 33546)
6. Specifies, for purposes of 4) and 5) above, that the development of healthy relationships 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. (EC § 33546)

This bill adds information on how social media and mobile device applications are used for human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on human trafficking for pupils in grades 7 to 12.

Comments

1. Need for the bill. According to the author, “According to the US Department of Justice, there are nearly 2 million children worldwide exploited in global sex trades. American children are at risk of being trafficked for commercial sex and forced labor every day, with about 100,000-300,000 being trafficked every year.

“Technological and social media advances have given traffickers, otherwise known as “groomers,” the ability to lure and exploit a greater number of children and teenagers into human trafficking circles through online mass messaging, versus luring victims individually on the streets.

“Traffickers worldwide quickly adapt to the latest social media trends that are most popular with youth, making it easier to identify victims who are depressed, socially isolated, have poor self-esteem, or have little to no supervision, through what they share on social media. This vulnerable population is more susceptible to the deceit of those who attempt to traffic them, and on average are between the ages of 12-14. In addition, human trafficking is a $150 billion-a-year global industry. In the US alone, it generates $9.8 billion a year.

“In an effort to raise awareness of human trafficking, in 2017, the Governor signed legislation regarding education on human trafficking awareness and prevention in mandated sexual health education courses that take place in middle and high school. AB 1861 would further this by ensuring social media use is addressed with students.”

1. Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.” In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking. The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities.

The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:

• 1. Develop, adopt, enforce, and implement a policy to address child trafficking.
  2. Make sure all school personnel are properly trained on the policy.
  3. Make certain campus security is in place so that all visitors are screened.
  4. Provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school.
  5. Assess the environmental structure and take every possible step to help make it safe.
  6. Partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking.
  7. Partner with local law enforcement agencies to protect the routes that students use to travel to and from schools.

1. Technology-facilitated human trafficking. As noted in the Assembly Education Committee’s analysis, “Although empirical research on the use of technology in human trafficking is sparse, anecdotal accounts have raised enough concern to prompt issuance of multiple reports on the topic. From 2011 through 2015, the University of Southern California’s Annenberg Center on Communication and Leadership Policy released three reports that summarize existing research on the use of technology in human trafficking: ‘Human Trafficking Online,’ ‘The Rise of Mobile and the Diffusion of Technology-Facilitated Trafficking,’ and ‘Technology and Labor Trafficking in a Network Society.’ The authors define ‘technology’ as communication technologies that allow users to exchange digital information over various networks, including the Internet, online social networks, and mobile phones. They state that the use of online technologies has increased rapidly over the past several years, such that 79 percent of the population uses the Internet and nearly half use at least one social networking site. The authors further report that the pervasive use of online networking provides traffickers with unprecedented opportunities to connect with, groom, and exploit greater numbers of victims, while at the same time allowing traffickers to maintain anonymity and escape prosecution.

“The authors claim that while it is difficult to measure the exact number of persons exploited by traffickers using technology, a small number of studies, in addition to interviews with law enforcement and analyses of phone numbers associated with online classified advertising, demonstrate the role of technology—particularly mobile phones—in human trafficking. Research revealed that in 2006, there were an estimated 569 arrests for Internet-facilitated commercial sexual exploitation of children in the United States, and that 36 percent of these cases involved persons who used the Internet to purchase or sell access to children. Websites and social networking applications that have been used by prosecuted traffickers include Facebook, Twitter, Craigslist, and Backpage.”

1. Health curriculum framework under revision. 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 California Department of Education Web site notes that the sections on family living are inconsistent with current law. The health curriculum framework revision is now underway, and final adoption by the State Board of Education is scheduled for May 2019. Four focus group meetings were held in the fall of 2016. The Curriculum Framework and Evaluation Criteria Committees have been chosen and held meetings between May 2017 and January 2018.

The IQC approved the Draft Health Education Framework for public review and comment on March 23, 2018, including an entire appendix specific to sex trafficking. As it relates to sex trafficking and technology, the approved draft includes the following language relating to identifying potential recruiting activities: “In addition to identifying areas on school campuses, online recruitment and internet safety should also be addressed. Students and staff can continue to work collaboratively to identify unsafe social media apps and websites to increase safety and awareness.”

Related/Prior Legislation

AB 1868 (Cunningham, 2018) expressly authorizes school districts to provide optional instruction, as part of the age-appropriate comprehensive sexual health education and HIV prevention education that school districts are required to provide, regarding the potential risks and consequences of creating and sharing sexually-suggestive or explicit materials through cell phones, social networking sites, computer networks, or other digital media. AB 1868 is pending on the Senate Floor.

AB 1227 (Bonta and Low, Chapter 558, Statutes of 2017) added information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7 to 12. AB 1227 also expanded the scope of the Commercially Sexually Exploited Children Program to include children who may become victims of commercial sexual exploitation.

AB 643 (Frazier, Chapter 574, Statutes of 2017) added information on the early warning signs of adolescent relationship abuse and intimate partner violence to the required comprehensive sexual health education and HIV prevention education instruction on adolescent relationship abuse and intimate partner violence for pupils in grades 7 to 12.

SB 1435 (Jackson, Chapter 633, Statutes of 2016) required the IQC, when the health curriculum framework is next revised after January 1, 2017, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

AB 329 (Weber, Chapter 398, Statues of 2015) required schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.

SB 1165 (Mitchell, Chapter 713, Statutes of 2014) required the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/8/18)

California Catholic Conference

California Federation of Teachers

California Police Chiefs Association

California School Boards Association

California Teachers Association

Common Sense Kids Action

Jewish Pacific Affairs Committee of California

Junior League of San Diego

Junior Leagues of California State Public Affairs Committee

Los Angeles County Professional Peace Officers Association

Love Never Fails

Lynch Foundation for Children

National Association for Missing and Exploited Children

Pomona Police Department

Saved in America

OPPOSITION: (Verified 8/8/18)

None received

ASSEMBLY FLOOR: 71-0, 4/19/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Calderon, Cristina Garcia, Eduardo Garcia, Melendez, Mullin, Quirk, Rodriguez

Prepared by:

8/10/18 11:20:10

**** END ****

 THIRD READING  

Bill No: AB 1861

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 6/6/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 4/19/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill adds information on how social media and mobile device applications are used for human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on human trafficking for pupils in grades 7 to 12.

ANALYSIS:

Existing law:

1. Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. (Education Code § 51934)
2. Requires each pupil to receive comprehensive sexual health education and HIV prevention education instruction at least once in junior high or middle school and at least once in high school. (EC § 51934)
3. Requires the comprehensive sexual health education and HIV prevention education instruction to include, among other topics related to HIV and reproduction, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
4. Requires the Instructional Quality Commission (IQC), when the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2017, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, which shall be age and developmentally appropriate and consistent with the health education standards adopted by the State Board of Education. (EC § 33546)
5. Requires the IQC, if it includes comprehensive information on the development of healthy relationships in the health framework, to comply with both of the following:
   1. Ensure information included in the health framework is research-based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include, but shall not be limited to, reviewing other states’ curricula.
   2. Consult with teachers and educators with expertise in a curriculum for developing healthy relationships. (EC § 33546)
6. Specifies, for purposes of 4) and 5) above, that the development of healthy relationships 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. (EC § 33546)

This bill adds information on how social media and mobile device applications are used for human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on human trafficking for pupils in grades 7 to 12.

Comments

1. Need for the bill. According to the author, “According to the US Department of Justice, there are nearly 2 million children worldwide exploited in global sex trades. American children are at risk of being trafficked for commercial sex and forced labor every day, with about 100,000-300,000 being trafficked every year.

“Technological and social media advances have given traffickers, otherwise known as “groomers,” the ability to lure and exploit a greater number of children and teenagers into human trafficking circles through online mass messaging, versus luring victims individually on the streets.

“Traffickers worldwide quickly adapt to the latest social media trends that are most popular with youth, making it easier to identify victims who are depressed, socially isolated, have poor self-esteem, or have little to no supervision, through what they share on social media. This vulnerable population is more susceptible to the deceit of those who attempt to traffic them, and on average are between the ages of 12-14. In addition, human trafficking is a $150 billion-a-year global industry. In the US alone, it generates $9.8 billion a year.

“In an effort to raise awareness of human trafficking, in 2017, the Governor signed legislation regarding education on human trafficking awareness and prevention in mandated sexual health education courses that take place in middle and high school. AB 1861 would further this by ensuring social media use is addressed with students.”

1. Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.” In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking. The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities.

The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:

• 1. Develop, adopt, enforce, and implement a policy to address child trafficking.
  2. Make sure all school personnel are properly trained on the policy.
  3. Make certain campus security is in place so that all visitors are screened.
  4. Provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school.
  5. Assess the environmental structure and take every possible step to help make it safe.
  6. Partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking.
  7. Partner with local law enforcement agencies to protect the routes that students use to travel to and from schools.

1. Technology-facilitated human trafficking. As noted in the Assembly Education Committee’s analysis, “Although empirical research on the use of technology in human trafficking is sparse, anecdotal accounts have raised enough concern to prompt issuance of multiple reports on the topic. From 2011 through 2015, the University of Southern California’s Annenberg Center on Communication and Leadership Policy released three reports that summarize existing research on the use of technology in human trafficking: ‘Human Trafficking Online,’ ‘The Rise of Mobile and the Diffusion of Technology-Facilitated Trafficking,’ and ‘Technology and Labor Trafficking in a Network Society.’ The authors define ‘technology’ as communication technologies that allow users to exchange digital information over various networks, including the Internet, online social networks, and mobile phones. They state that the use of online technologies has increased rapidly over the past several years, such that 79 percent of the population uses the Internet and nearly half use at least one social networking site. The authors further report that the pervasive use of online networking provides traffickers with unprecedented opportunities to connect with, groom, and exploit greater numbers of victims, while at the same time allowing traffickers to maintain anonymity and escape prosecution.

“The authors claim that while it is difficult to measure the exact number of persons exploited by traffickers using technology, a small number of studies, in addition to interviews with law enforcement and analyses of phone numbers associated with online classified advertising, demonstrate the role of technology—particularly mobile phones—in human trafficking. Research revealed that in 2006, there were an estimated 569 arrests for Internet-facilitated commercial sexual exploitation of children in the United States, and that 36 percent of these cases involved persons who used the Internet to purchase or sell access to children. Websites and social networking applications that have been used by prosecuted traffickers include Facebook, Twitter, Craigslist, and Backpage.”

1. Health curriculum framework under revision. 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 California Department of Education Web site notes that the sections on family living are inconsistent with current law. The health curriculum framework revision is now underway, and final adoption by the State Board of Education is scheduled for May 2019. Four focus group meetings were held in the fall of 2016. The Curriculum Framework and Evaluation Criteria Committees have been chosen and held meetings between May 2017 and January 2018.

The IQC approved the Draft Health Education Framework for public review and comment on March 23, 2018, including an entire appendix specific to sex trafficking. As it relates to sex trafficking and technology, the approved draft includes the following language relating to identifying potential recruiting activities: “In addition to identifying areas on school campuses, online recruitment and internet safety should also be addressed. Students and staff can continue to work collaboratively to identify unsafe social media apps and websites to increase safety and awareness.”

Related/Prior Legislation

AB 1868 (Cunningham, 2018) expressly authorizes school districts to provide optional instruction, as part of the age-appropriate comprehensive sexual health education and HIV prevention education that school districts are required to provide, regarding the potential risks and consequences of creating and sharing sexually-suggestive or explicit materials through cell phones, social networking sites, computer networks, or other digital media. AB 1868 is pending on the Senate Floor.

AB 1227 (Bonta and Low, Chapter 558, Statutes of 2018) added information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7 to 12. AB 1227 also expanded the scope of the Commercially Sexually Exploited Children Program to include children who may become victims of commercial sexual exploitation.

AB 643 (Frazier, Chapter 574, Statutes of 2018) added information on the early warning signs of adolescent relationship abuse and intimate partner violence to the required comprehensive sexual health education and HIV prevention education instruction on adolescent relationship abuse and intimate partner violence for pupils in grades 7 to 12.

SB 1435 (Jackson, Chapter 633, Statutes of 2016) required the IQC, when the health curriculum framework is next revised after January 1, 2017, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

AB 329 (Weber, Chapter 398, Statues of 2015) required schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.

SB 1165 (Mitchell, Chapter 713, Statutes of 2014) required the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/25/18)

California Catholic Conference

California Federation of Teachers

California Police Chiefs Association

California School Boards Association

California Teachers Association

Common Sense Kids Action

Jewish Pacific Affairs Committee of California

Junior League of San Diego

Junior Leagues of California State Public Affairs Committee

Los Angeles County Professional Peace Officers Association

Love Never Fails

Lynch Foundation for Children

National Association for Missing and Exploited Children

Pomona Police Department

Saved in America

OPPOSITION: (Verified 6/25/18)

None received

ASSEMBLY FLOOR: 71-0, 4/19/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Calderon, Cristina Garcia, Eduardo Garcia, Melendez, Mullin, Quirk, Rodriguez

Prepared by:

6/26/18 13:09:51

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 1861 Hearing Date: June 6, 2018

Subject: Pupil instruction: human trafficking: use of social media and mobile device applications.

SUMMARY

This bill adds information on how social media and mobile device applications are used for human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on human trafficking for pupils in grades 7 to 12.

BACKGROUND

Existing law:

1. Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. (Education Code § 51934)
2. Requires each pupil to receive comprehensive sexual health education and HIV prevention education instruction at least once in junior high or middle school and at least once in high school. (EC § 51934)
3. Requires the comprehensive sexual health education and HIV prevention education instruction to include, among other topics related to HIV and reproduction, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
4. Requires the Instructional Quality Commission (IQC), when the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2017, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, which shall be age and developmentally appropriate and consistent with the health education standards adopted by the State Board of Education. (EC § 33546)
5. Requires the IQC, if it includes comprehensive information on the development of healthy relationships in the health framework, to comply with both of the following:
   1. Ensure information included in the health framework is research-based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include, but shall not be limited to, reviewing other states’ curricula.
   2. Consult with teachers and educators with expertise in a curriculum for developing healthy relationships. (EC § 33546)
6. Specifies, for purposes of (5) and (6) above, that the development of healthy relationships 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. (EC § 33546)

ANALYSIS

This bill adds information on how social media and mobile device applications are used for human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on human trafficking for pupils in grades 7 to 12.

STAFF COMMENTS

1. Need for the bill. According to the author, “According to the US Department of Justice, there are nearly 2 million children worldwide exploited in global sex trades. American children are at risk of being trafficked for commercial sex and forced labor every day, with about 100,000-300,000 being trafficked every year.

Technological and social media advances have given traffickers, otherwise known as “groomers,” the ability to lure and exploit a greater number of children and teenagers into human trafficking circles through online mass messaging, versus luring victims individually on the streets.

Traffickers worldwide quickly adapt to the latest social media trends that are most popular with youth, making it easier to identify victims who are depressed, socially isolated, have poor self-esteem, or have little to no supervision, through what they share on social media. This vulnerable population is more susceptible to the deceit of those who attempt to traffic them, and on average are between the ages of 12-14. In addition, human trafficking is a $150 billion-a-year global industry. In the US alone, it generates $9.8 billion a year.

In an effort to raise awareness of human trafficking, in 2017, the Governor signed legislation regarding education on human trafficking awareness and prevention in mandated sexual health education courses that take place in middle and high school. AB 1861 would further this by ensuring social media use is addressed with students.

1. Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.” In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking. The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities.

The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:

a) Develop, adopt, enforce, and implement a policy to address child trafficking.

b) Make sure all school personnel are properly trained on the policy.

c) Make certain campus security is in place so that all visitors are screened.

d) Provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school.

e) Assess the environmental structure and take every possible step to help make it safe.

f) Partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking.

g) Partner with local law enforcement agencies to protect the routes that students use to travel to and from schools.

3) Technology-facilitated human trafficking. As noted in the Assembly Education Committee’s analysis, “Although empirical research on the use of technology in human trafficking is sparse, anecdotal accounts have raised enough concern to prompt issuance of multiple reports on the topic. From 2011 through 2015, the University of Southern California’s Annenberg Center on Communication and Leadership Policy released three reports that summarize existing research on the use of technology in human trafficking: “Human Trafficking Online,” “The Rise of Mobile and the Diffusion of Technology-Facilitated Trafficking,” and “Technology and Labor Trafficking in a Network Society.” The authors define “technology” as communication technologies that allow users to exchange digital information over various networks, including the Internet, online social networks, and mobile phones. They state that the use of online technologies has increased rapidly over the past several years, such that 79 percent of the population uses the Internet and nearly half use at least one social networking site. The authors further report that the pervasive use of online networking provides traffickers with unprecedented opportunities to connect with, groom, and exploit greater numbers of victims, while at the same time allowing traffickers to maintain anonymity and escape prosecution.

The authors claim that while it is difficult to measure the exact number of persons exploited by traffickers using technology, a small number of studies, in addition to interviews with law enforcement and analyses of phone numbers associated with online classified advertising, demonstrate the role of technology—particularly mobile phones—in human trafficking. Research revealed that in 2006, there were an estimated 569 arrests for Internet-facilitated commercial sexual exploitation of children in the United States, and that 36 percent of these cases involved persons who used the Internet to purchase or sell access to children. Websites and social networking applications that have been used by prosecuted traffickers include Facebook, Twitter, Craigslist, and Backpage.”

1. Health curriculum framework under revision. 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 California Department of Education (CDE’s) Web site notes that the sections on family living are inconsistent with current law.

Work on revising 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).

The health curriculum framework revision is now underway, and final adoption by the State Board of Education is scheduled for May 2019. Four focus group meetings were held in the fall of 2016. The Curriculum Framework and Evaluation Criteria Committees have been chosen and held meetings between May 2017 and January 2018.

The Budget Act of 2016 included $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 Instructional Quality Commission (IQC). The 2016 Budget also included $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.

The IQC approved the Draft Health Education Framework for public review and comment on March 23, 2018, including an entire appendix specific to sex trafficking. As it relates to sex trafficking and technology, the approved draft includes the following language relating to identifying potential recruiting activities: “In addition to identifying areas on school campuses, online recruitment and internet safety should also be addressed. Students and staff can continue to work collaboratively to identify unsafe social media apps and websites to increase safety and awareness.”

5) Previous legislation. AB 1868 (Cunningham, 2018) Authorizes school districts to provide instruction, as part of comprehensive sexual health education, on the potential risks and consequences of creating and sharing sexually-suggestive or explicit materials through cell phones, social networking sites, computer networks, or other digital media. AB 1868 is scheduled to be heard in this committee on June 13, 2018.

AB 1227 (Bonta and Low, Chapter 558, Statutes of 2018) adds information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7-12. AB 1227 also expands the scope of the Commercially Sexually Exploited Children Program to include children who may become victims of commercial sexual exploitation.

AB 643 (Frazier, Chapter 574, Statutes of 2018) adds information on the early warning signs of adolescent relationship abuse and intimate partner violence to the required comprehensive sexual health education and HIV prevention education instruction on adolescent relationship abuse and intimate partner violence for pupils in grades 7 to 12.

AB 329 (Weber, Chapter 398, Statues of 2015) requires schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.

SB 1435 (Jackson, Chapter 633, Statutes of 2016) requires the Instructional Quality Commission (IQC), when the health curriculum framework is next revised after January 1, 2017, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

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 when it is next revised.

SB 855 (Senate Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014), created the Commercial Sexual Exploitation of Children Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation.

SUPPORT

California Catholic Conference

California Federation of Teachers

California School Boards Association

California Teachers Association

Common Sense Kids Action

Jewish Pacific Affairs Committee of California (JPAC)

Junior League of San Diego

Junior Leagues of California State Public Affairs Committee

Los Angeles County Professional Peace Officers Association

Love Never Fails

Lynch Foundation for Children

National Association for Missing and Exploited Children (NAMEC)

Pomona Police Department

Saved in America

OPPOSITION

Department of Finance

-- END --

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1861

Author:(Rodriguez) – As Amended Ver:March 13, 2018

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

SUMMARY: This bill requires information on the use of social media and mobile device applications for human trafficking be added to the comprehensive sexual health education instruction schools, since 2016, have been required to provide students once in middle school and once in high school. School districts already are required to provide information on human trafficking as part of this curriculum.

FISCAL EFFECT:

Unknown, potentially minor Proposition 98 General Fund mandate costs in the low thousands of dollars were the Commission on State Mandates (CSM) to determine that adding information on social media’s role in human trafficking to school district’s comprehensive sexual health education was an unfunded mandate. To date, schools have not filed a test claim with the CSM for the comprehensive sexual health education instruction they must provide.

COMMENTS:

1. Purpose. According to the author:

Human trafficking has been introduced in the current sexual health education classes. However, current law does not specifically require that social media awareness be taught. Emphasizing the social media aspect is critical to preventing human trafficking due to the fact that most criminal transactions and luring occur via the web.

1. Background. The California Healthy Youth Act already requires school districts to ensure that all students receive comprehensive sexual health education, which includes information about human trafficking. This law has been in effect since January 1, 2016. The State Board of Education (SBE) generally adopts instructional materials for schools to use to help them teach required content. Instructional materials related to comprehensive sexual health education currently are in development and are to be adopted by SBE by May 2019. The SBE indicates that information about social media’s role in human trafficking likely will be included in these materials.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 21, 2018

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1861 (

Author:Rodriguez) – As Amended Ver:March 13, 2018

SUBJECT: Pupil instruction: human trafficking: use of social media and mobile device applications

SUMMARY: Requires school districts to educate students on the use of social media and mobile device applications in human trafficking. Specifically, this bill:

1. Requires that students receive instruction on how social media and mobile device applications are used in human trafficking, by adding it to the content included in comprehensive sexual health education.

EXISTING LAW:

1. Requires school districts to provide comprehensive sexual health education, delivered by trained instructors, to all students in grades 7 to 12, at least once in middle school and once in high school.
2. Requires instructors to undergo periodic continuation instruction, to ensure that they are aware of the most recent findings relevant to sexual health education.
3. Requires that comprehensive sexual health education include information on the prevalence and nature of human trafficking, and strategies for reducing the risk of human trafficking, techniques to set healthy boundaries, and how to seek assistance.
4. Requires that parents or guardians be given the right to excuse their child from all or part of human trafficking prevention education.
5. Authorizes the California Department of Education (CDE) to make available on its website resources on sexual abuse and sex trafficking prevention for professional learning purposes.

FISCAL EFFECT: This bill has been keyed a state-mandated local program by the Office of Legislative Counsel.

COMMENTS:

Need for the bill. The author’s office states: “According to the US Department of Justice, there are nearly 2 million children worldwide exploited in global sex trades. American children are at risk of being trafficked for commercial sex and forced labor every day, with about 100,000-300,000 being trafficked every year.

Technological and social media advances have given traffickers, otherwise known as “groomers,” the ability to lure and exploit a greater number of children and teenagers into human trafficking circles through online mass messaging, versus luring victims individually on the streets.

Traffickers worldwide quickly adapt to the latest social media trends that are most popular with youth, making it easier to identify victims who are depressed, socially isolated, have poor self-esteem, or have little to no supervision, through what they share on social media. This vulnerable population is more susceptible to the deceit of those who attempt to traffic them, and on average are between the ages of 12-14. In addition, human trafficking is a $150 billion-a-year global industry. In the US alone, it generates $9.8 billion a year.

Human trafficking has been introduced in the current sexual health education classes, however current law does not specifically require that social media awareness be taught. Emphasizing the social media aspect is critical to preventing human trafficking due to the fact that most criminal transactions and luring occur via the web.”

Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.”

The International Labour Organization estimates that currently, global human trafficking collects $150 billion per year and impacts 20.9 million victims, of whom 68% are trapped in forced labor, 26% are children, and 55% are women and girls. Furthermore, the National Center for Missing and Exploited Children estimates that of the 25,000 runaways reported to their organization in 2017, 1 in 7 were likely child sex trafficking victims, of whom 88% were in social services or foster care at the time they went missing.

In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools,” which noted that victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities. The report further argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking.

A 2015 study conducted through University of San Diego and Point Loma Nazarene University of gang-related sex trafficking further suggests that trafficking is a real risk for students in some schools. This research was the first to use schools as a source of data for sex trafficking research. The study, which included focus groups at 20 area high schools, reported that between 8,830 and 11,773 victims—mostly girls—were trafficked in San Diego County each year.

All of the 20 San Diego high schools confirmed that recruitment of their students for sex trafficking was occurring. School personnel reported a total of 69 distinctly named gangs, of which 31 were seen as involved in sex trafficking. In total, the high school staff in 20 high schools across the county identified 417 reported victims along with an additional 60 suspected victims in the past 5 years (averaging approximately 95 victims at least suspected per year).

The study’s authors recommended that San Diego County increase resources for the training of school personnel in identifiers and protocols, as well as awareness training for students from middle and high schools.

Technology-facilitated human trafficking. Although empirical research on the use of technology in human trafficking is sparse, anecdotal accounts have raised enough concern to prompt issuance of multiple reports on the topic. From 2011 through 2015, the University of Southern California’s Annenberg Center on Communication and Leadership Policy released three reports that summarize existing research on the use of technology in human trafficking: “Human Trafficking Online,” “The Rise of Mobile and the Diffusion of Technology-Facilitated Trafficking,” and “Technology and Labor Trafficking in a Network Society.” The authors define “technology” as communication technologies that allow users to exchange digital information over various networks, including the Internet, online social networks, and mobile phones. They state that the use of online technologies has increased rapidly over the past several years, such that 79% of the population uses the Internet and nearly half use at least one social networking site. The authors further report that the pervasive use of online networking provides traffickers with unprecedented opportunities to connect with, groom, and exploit greater numbers of victims, while at the same time allowing traffickers to maintain anonymity and escape prosecution.

The authors claim that while it is difficult to measure the exact number of persons exploited by traffickers using technology, a small number of studies, in addition to interviews with law enforcement and analyses of phone numbers associated with online classified advertising, demonstrate the role of technology—particularly mobile phones—in human trafficking. Research revealed that in 2006, there were an estimated 569 arrests for Internet-facilitated commercial sexual exploitation of children in the United States, and that 36% of these cases involved persons who used the Internet to purchase or sell access to children. Websites and social networking applications that have been used by prosecuted traffickers include Facebook, Twitter, Craigslist, and Backpage.

Expected inclusion of trafficking and technology in revised health curriculum framework. In 2008, the Instructional Quality Commission (IQC) began the process of revising the Health Education Framework to reflect current health education statutes, as well as the state’s health content standards, adopted by the State Board of Education (SBE) in 2008. However, AB 4 X2 (Evans) Chapter 2, Statutes of 2009 halted all work on instructional materials adoptions and framework revisions until the 2013-14 school year, a response to the state’s fiscal emergency. That suspension was later extended until the 2015-16 school year by SB 70 (Committee on Budget), Chapter 7, Statutes of 2011.

The health curriculum framework revision has since been reinitiated, and final adoption by SBE is scheduled for May 2019. Since appointment of the Curriculum Framework and Evaluation Criteria Committee in March 2017, six committee meetings have been held. At two of these meetings, group discussions specifically focused on instruction on the topic of sex trafficking. The first publicly-reviewable draft of the new framework will be available between April and June 2018.

According to CDE, the most recent draft of the revised Health Education Framework includes content on explaining to students how traffickers use social media apps to find, groom, and exploit victims. The draft states that traffickers can use the anonymity of apps and other social media platforms to gain the trust of potential victims, and to coax victims into sharing sexually-explicit photographs of themselves, which may subsequently be used to blackmail or coerce vulnerable individuals into sex trafficking.

The 2016 budget included $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 revision.

Status of comprehensive sexual health mandate implementation. While the mandate to provide comprehensive sexual health education, including instruction on sex trafficking, has been effective since January 1, 2016, instructional materials aligned to the content required by law will not be adopted until well after the Health Curriculum Framework is completed and adopted in May 2019.

In the interim, schools are required by law to provide this instruction, and school districts may look to the CDE for guidance on how to meet the requirements of the law. Although the CDE website now describes the laws regulating delivery and content for comprehensive sexual health education, the website still incorrectly states that schools are not required to provide comprehensive sexual health education. Furthermore, although the department website includes a link to “Curriculum Guidance,” this ultimately brings users to a now defunct website for the California Healthy Kids Resource Center, which was once administered by the Alameda County Office of Education. Because school districts look to the state for guidance, the Committee may wish to consider whether the state is providing sufficient guidance to school districts about implementation of the comprehensive sexual health education curriculum.

Related legislation. AB 1868 (Cunningham) of this Session authorizes school districts to include, as part of comprehensive sexual health education, instruction on the risks and consequences of creating or sharing sexually suggestive or explicit materials using cellular telephones, social networking websites, computer networks, or other digital media.

SB 1104 (Roth) of this Session requires school districts to work with their schools to identify appropriate methods for informing parents and guardians of human trafficking prevention resources, and to implement the identified methods by a specified date.

AB 2601 (Weber) of this Session requires charter schools to ensure that all pupils in 7^th through 12^th grade receive comprehensive sexual health education and HIV prevention education.

Prior legislation. AB 329 (Weber), Chapter 398, Statues of 2015 requires schools to provide comprehensive sexual health education in grades 7-12, and modified the required components of sexual health education and HIV/AIDS prevention education.

SB 1435 (Jackson) Chapter 633, Statutes of 2016 requires, when the health curriculum framework is next revised after January 1, 2017, the IQC to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

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 when it is next revised.

SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provides funds for prevention and intervention services related to children who are victims of commercial sexual exploitation.

REGISTERED SUPPORT/OPPOSITION:

Support

California Catholic Conference

California State PTA

Common Sense Kids Action

The Family Assistance Program

House of Ruth

Love Never Fails

Pomona Police Department

Opposition

None on file

Analysis Prepared by: Naomi Ondrasek/ ED. / (916) 319-2087

Pupil instruction: human trafficking: use of social media and mobile device applications.

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