(1)Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, as provided.

Existing law, the California Healthy Youth Act, requires school districts, as defined, 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.

This bill would also require, commencing with the 201920 school year, charter schools to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on charter schools, this bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, as provided.

Existing law, the California Healthy Youth Act, requires school districts, as defined, 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.

This bill would also require, commencing with the 201920 school year, charter schools to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on charter schools, this bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, as provided.

Existing law, the California Healthy Youth Act, requires school districts, as defined, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV human immunodeficiency virus (HIV) prevention education, as specified.

This bill would also require require, commencing with the 201920 school year, charter schools to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on charter schools, this bill would impose a state-mandated local program.

(2)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.

(1)Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, as provided.

Existing law, the California Healthy Youth Act, requires school districts, as defined, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified.

This bill would also require charter schools to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on charter schools, this bill would impose a state-mandated local program.

(2)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 2601

Author:(Weber)

As Amended Ver:June 27, 2018

Majority vote

Original Committee Reference: ED.

SUMMARY: Requires that charter schools provide instruction on comprehensive sexual health and HIV prevention, commencing in the 2019-20 school year.

The Senate amendments make the requirement that charter schools offer instruction in sexual health education and HIV (human immunodeficiency virus) prevention effective in the 2019-20 school year.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill could lead to significant costs, potentially in the low millions of dollars each year, for charter schools to provide sexual health education and HIV prevention education. This estimate assumes training costs that range from $1,000 to $5,000 for each of an estimated 1,000 charter schools that serve middle and high school students. Charter schools are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund).

COMMENTS:

Need for the bill. The author's office states: "AB 2601 will amend the California Healthy Youth Act to define 'school districts' to include charter schools. This will ensure students enrolled in California charter schools also receive instruction in comprehensive sexual health and HIV prevention education." The author notes that comprehensive sexual health and HIV prevention education has been shown to be effective in both delaying sexual activity and increasing condom and contraceptive use among youth who are already sexually active.

Sexual harassment prevalent among adolescent girls; sexual health instruction is the only mandated instruction on this topic. Research suggests that adolescent girls frequently experience sexual harassment. One study of adolescent girls in California and Georgia (Leaper, 2008) found that 90% of girls report experiencing sexual harassment, among other forms of abuse, and that incidence increases with age.

The California Healthy Youth Act requires that students learn about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking at least once in junior high school and at least once in high school. Current law also requires that instruction provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation, and also requires that instruction provide information about local resources for assistance with sexual assault and intimate partner violence. The California Healthy Youth Act represents the only mandated instruction on these topics.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0004357

 THIRD READING  

Bill No: AB 2601

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/20/18

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

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18

AYES: Portantino, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 54-18, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires charter schools, commencing with the 2019-20 school year, to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.

ANALYSIS:

Existing law:

1. Requires schools operated by school districts, county boards of education, county superintendents of schools, and the California Schools for the Deaf and for the Blind, to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school,
2. Requires that this instruction include:
   1. The nature, and transmission of HIV and other sexually transmitted infections (STIs), and the risk of infection according to specific behaviors, including sexual activities and injection drug use.
   2. Abstinence from sexual activity and injection drug use as the only certain way to prevent HIV and other STIs, and abstinence from sexual intercourse as the only certain way to prevent unintended pregnancy.
   3. The effectiveness of all federal Food and Drug Administration (FDA) approved methods of preventing or reducing the risk of contracting HIV and other STIs.
   4. Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing, and information about the treatment of HIV and other STIs.
   5. Discussion about social views on HIV and AIDS.
   6. Information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
   7. Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy. Requires instruction on pregnancy to include an objective discussion of all legally available pregnancy outcomes.
   8. Information on the law on surrendering physical custody of a minor child 72 hours of age or younger.
   9. Information on the importance of prenatal care.
   10. Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
3. Requires that this instruction, and related instructional materials:
   1. Be age appropriate.
   2. Medically accurate and objective.
   3. Appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.
   4. Be made available on an equal basis to a pupil who is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil.
   5. Accessible to pupils with disabilities.
   6. Not reflect or promote bias against any person on the basis of any protected category.
   7. Affirmatively recognize that people have different sexual orientations and inclusive of same-sex relationships.
   8. Pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes.
   9. Encourage a pupil to communicate with his or her parents, guardians, and other trusted adults about human sexuality and provide the knowledge and skills necessary to do so.
   10. Teach the value of and prepare pupils to have and maintain committed relationships such as marriage.
   11. Provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation.
   12. Pupils with knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills to assist pupils in overcoming peer pressure and using effective decision-making skills to avoid high-risk activities.
   13. Not teach or promote religious doctrine. (EC § 51934)
   14. Be provided by trained instructors, and requires instructors to undergo periodic continuation instruction to ensure that they are aware of the most recent findings relevant to sexual health education. (EC § 51934)
4. Requires that parents or guardians be given the right to excuse their child from all or part of comprehensive sexual health and HIV prevention instruction. (EC § 51938)

This bill requires charter schools, commencing with the 2019-20 school year, to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.

Comments

1) Need for the bill. According to the author, this bill “will amend the California Healthy Youth Act (CHYA) to define “school districts” to include charter schools (EC 51930). This will ensure students enrolled in California charter schools also receive instruction in comprehensive sexual health and HIV prevention education.

Existing law requires school districts—defined as “county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind”—to provide comprehensive sexual health and HIV prevention education to all pupils at least once in middle school and once in high school, commencing in seventh grade. It also authorizes age-appropriate instruction below grade 7.

CHYA does not currently reach California’s significant and growing charter school student population. According to the California Department of Education (CDE), the number of California charter school students grew by 5.88 percent between 2013 and 2015. AB 2601 would benefit approximately 300,000 charter public school students.”

2) Study of sexual health education in charter schools in San Diego. A 2017 study of sexual health education in 20 San Diego charter schools (Walsh-Buhi, 2017) found that, according to principals of those schools, 85 percent had offered sexuality education in the previous two years, but some of the content required to be taught under the California Healthy Youth Act was poorly covered. 53 percent provided instruction on birth control, 35 percent provided information on sexual orientation, and 29 percent provided students instruction on talking with parents about sex and relationships.

3) Sexual harassment prevalent among adolescent girls; sexual health instruction is the only mandated instruction on this topic. As noted in the Assembly Education Committee’s analysis, “Research suggests that adolescent girls frequently experience sexual harassment. One study of adolescent girls in California and Georgia (Leaper, 2008) found that 90 percent of girls report experiencing sexual harassment, among other forms of abuse, and that likelihood increases with age.”

The CHYA requires that students learn about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking at least once in junior high school and at least once in high school. Current law also requires that instruction provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation, and also requires that instruction provide information about local resources for assistance with sexual assault and intimate partner violence. The CHYA represents the only mandated instruction on these topics.

4) Status of comprehensive sexual health mandate implementation. While the mandate to provide comprehensive sexual health education has been effective since January 1, 2016, instructional materials aligned to the content required by law will not be adopted until 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. 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

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 1861 (Rodriguez, 2018) 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. AB 1861 is pending on the Assembly floor for concurrence.

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

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill “could lead to significant costs, potentially in the low millions of dollars each year, for charter schools to provide sexual health education and HIV prevention education. This estimate assumes training costs that range from $1,000 to $5,000 for each of an estimated 1,000 charter schools that serve middle and high school students. Charter schools are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund).”

SUPPORT: (Verified 8/16/18)

State Superintendent of Public Instruction Tom Torlakson

ACT for Women and Girls

Adolescent Health Working Group

AIDS Healthcare Foundation

Alliance for Children’s Rights

American Academy of Pediatrics, California

American Civil Liberties Union of California

American College of Obstetricians and Gynecologists

American Medical Women's Association

American Nurses Association of California

Asian and Pacific Islanders for LGBTQ Equality – LA

Bay Ares Student Activists

Black Women for Wellness

Brighter Beginnings

Business and Professional Women of Nevada County

California Association for Health, Physical Education, Recreation and Dance

California Association of School Health Educators

California Employment Lawyers Association

California Federation of Teachers

California LGBT Health and Human Services Network

California Latinas for Reproductive Justice

California Medical Association

California School Boards Association

California School Nurses Association

California State PTA

California Teachers Association

California Partnership to end Domestic Violence

California Women's Law Center

Center on Reproductive Rights and Justice at the UC Berkeley, School of Law

Citizens for Choice

Commission on the Status of Women

Common Sense Kids Action

Community Action Fund of Planned Parenthood of Orange & San Bernardino Counties

Equality California

Equal Justice Society

Equal Rights Advocates

Essential Access Health

Feminist Majority

Forward Together

Free Speech Coalition

Fresno Barrios Unidos

Genders and Sexualities Alliance Network

Health Connected

Health Officers Association of California

Health Initiatives for Youth

Khmer Girls in Action

LGBTQ Center of Long Beach

Latino Coalition for a Healthy California

Los Angeles LGBT Center

Los Angeles Trust for Children's Health

Mi Familia Vota

More Than Sex-Ed

Mujeres Unidas y Activas

NARAL Pro-Choice California

National Association of Social Workers – California Chapter

National Center for Lesbian Rights

National Center for Youth Law

National Council of Jewish Women, California

North County LGBTQ Resource Center

Orange County Women’s Health Project

Our Family Coalition

Physicians for Reproductive Health

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Planned Parenthood Affiliates of California

Public Counsel

Public Health Justice Collective

San Diego LGBT Community Center

San Francisco Community Health Center

San Francisco Lesbian Gay Bisexual Transgender Community Center

Services, Immigrant Rights, and Education Network

South Asian Network

The Stronger Calif♀rnia Advocates Network

Trans Family Support Services

Women’s Foundation California

Women Lawyers of Sacramento

Several Individuals

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 54-18, 5/30/18

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooper, Cunningham, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Chávez, Chen, Choi, Dahle, Flora, Gallagher, Harper, Kiley, Maienschein, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

NO VOTE RECORDED: Acosta, Cooley, Fong, Grayson, Mayes, Steinorth

Prepared by:

8/18/18 14:44:45

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2601 (Weber) - Pupil instruction: sexual health education: charter schools

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

Bill Summary:

This bill would require charter schools to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.

Fiscal Impact:

This bill could lead to significant costs, potentially in the low millions of dollars each year, for charter schools to provide sexual health education and HIV prevention education. This estimate assumes training costs that range from $1,000 to $5,000 for each of an estimated 1,000 charter schools that serve middle and high school students. Charter schools are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund).

Background:

Existing law requires schools operated by school districts, county boards of education, county superintendents of schools, and the California Schools for the Deaf and for the Blind, to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school.

This instruction shall include specified components, including the nature, and transmission of HIV and other sexually transmitted infections (STIs), and the risk of infection according to specific behaviors, including sexual activities and injection drug use, abstinence from sexual activity and injection drug use as the only certain way to prevent HIV and other STIs, and abstinence from sexual intercourse as the only certain way to prevent unintended pregnancy, and information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing, and information about the treatment of HIV and other STIs.

Existing law requires that this instruction, and related instructional materials to among other things, be age appropriate, medically accurate and objective, and appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.

Existing law requires that this instruction be provided by trained instructors, and requires instructors to undergo periodic continuation instruction to ensure that they are aware of the most recent findings relevant to sexual health education. Existing law also requires that parents or guardians be given the right to excuse their child from all or part of comprehensive sexual health and HIV prevention instruction.

Proposed Law:

This bill would require charter schools to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.

Related Legislation:

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

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 20, 2018

Subject: .

SUMMARY

This bill would require charter schools to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.

BACKGROUND

Existing law:

1) Requires schools operated by school districts, county boards of education, county superintendents of schools, and the California Schools for the Deaf and for the Blind, to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (Education Code § 51934)

2) Requires that this instruction include:

a) The nature, and transmission of HIV and other sexually transmitted infections (STIs), and the risk of infection according to specific behaviors, including sexual activities and injection drug use.

b) Abstinence from sexual activity and injection drug use as the only certain way to prevent HIV and other STIs, and abstinence from sexual intercourse as the only certain way to prevent unintended pregnancy.

c) The effectiveness of all Food and Drug Administration approved methods of preventing or reducing the risk of contracting HIV and other STIs.

d) Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing, and information about the treatment of HIV and other STIs.

e) Discussion about social views on HIV and AIDS.

f) Information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.

g) Information about the effectiveness and safety of all Federal Food and Drug Administration (FDA)-approved contraceptive methods in preventing pregnancy. Requires instruction on pregnancy to include an objective discussion of all legally available pregnancy outcomes.

h) Information on the law on surrendering physical custody of a minor child 72 hours of age or younger.

i) Information on the importance of prenatal care.

j) Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.

(EC § 51934)

3) Requires that this instruction, and related instructional materials:

a) Be age appropriate.

b) Medically accurate and objective.

c) Appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.

d) Be made available on an equal basis to a pupil who is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil.

e) Accessible to pupils with disabilities.

f) Not reflect or promote bias against any person on the basis of any protected category.

g) Affirmatively recognize that people have different sexual orientations and inclusive of same-sex relationships.

h) Pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes.

i) Encourage a pupil to communicate with his or her parents, guardians, and other trusted adults about human sexuality and provide the knowledge and skills necessary to do so.

j) Teach the value of and prepare pupils to have and maintain committed relationships such as marriage.

k) Provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation.

l) Pupils with knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills to assist pupils in overcoming peer pressure and using effective decision-making skills to avoid high-risk activities.

m) Not teach or promote religious doctrine. (EC § 51934)

4) Requires that this instruction be provided by trained instructors, and requires instructors to undergo periodic continuation instruction to ensure that they are aware of the most recent findings relevant to sexual health education.

(EC § 51934)

5) Requires that parents or guardians be given the right to excuse their child from all or part of comprehensive sexual health and HIV prevention instruction.

(EC § 51938)

ANALYSIS

This bill would require charter schools to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.

STAFF COMMENTS

1. Need for the bill. According to the author, this bill “will amend the California Healthy Youth Act (CHYA) to define “school districts” to include charter schools (Education Code 51930). This will ensure students enrolled in California charter schools also receive instruction in comprehensive sexual health and HIV prevention education.

Existing law requires school districts—defined as “county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind”—to provide comprehensive sexual health and HIV prevention education to all pupils at least once in middle school and once in high school, commencing in seventh grade. It also authorizes age-appropriate instruction below grade 7.

CHYA does not currently reach California’s significant and growing charter school student population. According to the California Department of Education (CDE), the number of California charter school students grew by 5.88% between 2013 and 2015. AB 2601 would benefit approximately 300,000 charter public school students.”

2) Study of sexual health education in charter schools in San Diego. A 2017 study of sexual health education in 20 San Diego charter schools (Walsh-Buhi, 2017) found that, according to principals of those schools, 85 percent had offered sexuality education in the previous two years, but some of the content required to be taught under the California Healthy Youth Act was poorly covered. 53 percent provided instruction on birth control, 35% provided information on sexual orientation, and 29 percent provided students instruction on talking with parents about sex and relationships.

1. Sexual harassment prevalent among adolescent girls; sexual health instruction is the only mandated instruction on this topic. As noted in the Assembly Education Committee’s analysis, “Research suggests that adolescent girls frequently experience sexual harassment. One study of adolescent girls in California and Georgia (Leaper, 2008) found that 90% of girls report experiencing sexual harassment, among other forms of abuse, and that likelihood increases with age.”

The California Healthy Youth Act requires that students learn about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking at least once in junior high school and at least once in high school. Current law also requires that instruction provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation, and also requires that instruction provide information about local resources for assistance with sexual assault and intimate partner violence. The California Healthy Youth Act represents the only mandated instruction on these topics.

1. Status of comprehensive sexual health mandate implementation. While the mandate to provide comprehensive sexual health education has been effective since January 1, 2016, instructional materials aligned to the content required by law will not be adopted until 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 California Department of Education (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. 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.

4) Timing issues for 8th and 12th graders. This bill would take effect January 1, 2019 and requires students to receive the required education at least once in junior high or middle school and at least once in high school. Accordingly, as of January 1, 2019, existing charter schools would be required to provide the required comprehensive sexual health education and HIV prevention education to their graduating 8th and 12th graders that have not received this education or education that meets the standards required by the bill. Such a requirement may be difficult to implement so quickly, especially for graduating 12th graders who may have specific course requirements they need to take for graduation. Staff recommends that the bill be amended to take effect commencing with the 2019-20 school year in order to allow sufficient time for charter schools and students to prepare for this potential additional course.

1. Related and previous 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 1861 (Rodriguez, 1861) 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. AB 1861 is pending in the Senate Appropriations Committee.

AB 1227 (Bonta, Chapter 588, Statutes of 2017) required schools to provide training on human trafficking, and makes changes to the Commercially Sexually Exploited Children Program by, among other things, including educational entities among the groups with whom a county must collaborate.

SB 1435 (Jackson, Chapter 633, Statutes of 2016) required, 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.

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

SUPPORT

State Superintendent of Public Instruction Tom Torlakson

Adolescent Health Working Group

AIDS Healthcare Foundation

Alliance for Children’s Rights

American Academy of Pediatrics, California

American Civil Liberties Union of California

Asian and Pacific Islanders for LGBTQ Equality – LA

Bay Ares Student Activists

Black Women for Wellness

ACT for Women and Girls

American College of Obstetricians and Gynecologists

American Medical Women's Association

American Nurses Association of California

Black Women for Wellness

Brighter Beginnings

Business and Professional Women of Nevada County

California Association for Health, Physical Education, Recreation and Dance

California Association of School Health Educators

California Employment Lawyers Association

California LGBT Health and Human Services Network

California Latinas for Reproductive Justice

California Medical Association

California School Boards Association

California School Nurses Association

California State PTA

California Teachers Association

California Partnership to end Domestic Violence

California Women's Law Center

Center on Reproductive Rights and Justice at the UC Berkeley, School of Law

Citizens for Choice

Commission on the Status of Women

Common Sense Kids Action

Community Action Fund of Planned Parenthood of Orange & San Bernardino Counties

Equality California

Equal Justice Society

Equal Rights Advocates

Essential Access Health

Feminist Majority

Forward Together

Free Speech Coalition

Fresno Barrios Unidos

Genders and Sexualities Alliance Network

Health Connected

Health Initiatives for Youth

Khmer Girls in Action

LGBTQ Center of Long Beach

Latino Coalition for a Healthy California

Los Angeles LGBT Center

Los Angeles Trust for Children's Health

Mi Familia Vota

More Than Sex-Ed

Mujeres Unidas y Activas

NARAL Pro-Choice California

National Association of Social Workers – California Chapter

National Center for Lesbian Rights

National Center for Youth Law

National Council of Jewish Women, California

North County LGBTQ Resource Center

Orange County Women’s Health Project

Our Family Coalition

Physicians for Reproductive Health

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Planned Parenthood Affiliates of California

Public Counsel

Public Health Justice Collective

San Diego LGBT Community Center

San Francisco Community Health Center

San Francisco Lesbian Gay Bisexual Transgender Community Center

Services, Immigrant Rights, and Education Network

South Asian Network

The Stronger Calif♀rnia Advocates Network

Trans Family Support Services

Women’s Foundation California

Women Lawyers of Sacramento

Several Individuals

OPPOSITION

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2601

Author:(Weber)

As Introduced Ver:February 15, 2018

Majority vote

SUMMARY: Extends to charter schools the requirement to provide instruction on comprehensive sexual health and Human Immune Virus (HIV) prevention. Specifically, this bill:

1. Defines "school district," for purposes of the requirements of the California Healthy Youth Act, to include charter schools, thereby extending the requirement to instruct students about comprehensive sexual health and HIV prevention to charter schools.

FISCAL EFFECT: According to the Assembly Appropriations Committee, potential ongoing costs to charters schools to conform to these requirements, likely in the low millions of dollars. (Nearly 1,000 charter schools serve middle and high school students. Were each training to cost in the low thousands of dollars to provide, costs would be in the low millions of dollars.) Charter schools would absorb any additional costs locally because they are ineligible to claim reimbursement of costs resulting from state mandates. Charter schools receive a share of the K-12 Mandate Block Grant funding, as described below, but the block grant does not currently address additional costs resulting from this bill.

COMMENTS:

Need for the bill. The author's office states: "AB 2601 will amend the California Healthy Youth Act to define 'school districts' to include charter schools. This will ensure students enrolled in California charter schools also receive instruction in comprehensive sexual health and HIV prevention education."

The author notes that, according to the CDE, the number of California charter school students grew by 5.88% between 2013 and 2015. The author also notes that comprehensive sexual health and HIV prevention education has been shown to be effective in both delaying sexual activity and increasing condom and contraceptive use among youth who are already sexually active.

Sexual harassment prevalent among adolescent girls; sexual health instruction is the only mandated instruction on this topic. Research suggests that adolescent girls frequently experience sexual harassment. One study of adolescent girls in California and Georgia (Leaper, 2008) found that 90% of girls report experiencing sexual harassment, among other forms of abuse, and that the likelihood of experiencing abuse increases with age.

The California Healthy Youth Act requires that students learn about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking at least once in junior high school and at least once in high school. Current law also requires that instruction provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation, and also requires that instruction provide information about local resources for assistance with sexual assault and intimate partner violence. The California Healthy Youth Act represents the only mandated instruction on these topics.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003078

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2601

Author:(Weber) – As Introduced Ver:February 15, 2018

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

SUMMARY: This bill extends to charter schools the requirement placed on school districts to provide instruction on comprehensive sexual health education once in middle school and once in high school.

FISCAL EFFECT:

Potential ongoing costs to charters schools to conform to these requirements, likely in the low millions of dollars. (Nearly 1,000 charter schools serve middle and high school students. Were each training to cost in the low thousands of dollars to provide, costs would be in the low millions of dollars.) Charter schools would absorb any additional costs locally because they are ineligible to claim reimbursement of costs resulting from state mandates. Charter schools receive a share of the K-12 Mandate Block Grant funding, as described below, but the block grant does not currently address additional costs resulting from this bill.

COMMENTS:

1. Background. AB 329 (Weber), of the 2015-16 Legislative Session, requires school districts to provide comprehensive sexual health education instruction in schools at least once in middle school and once in high school. The legislation, however, did not extend this requirement to charter schools.
2. State Mandates and Charter Schools. The California Constitution requires the state to reimburse local governments for the cost of new programs and higher levels of service it imposes upon them. Under a process subsequently established in state law, the Commission on State Mandates (CSM) determines if a new law constitutes a reimbursable state mandate for local governments. In the area of K-12 education, school districts and county office of education are considered local governments. Although some state-mandated activities also apply to charter schools, the CSM deemed charter schools ineligible for reimbursement beginning in 2006.
3. K-12 Mandate Block Grant and Charter Schools. To address various concerns with the traditional mandate claims process, such as the disincentive for school districts to perform mandated tasks efficiently, the state created the K-12 Mandate Block Grant in the 2012-13 budget. The amount of funding available in the block grant annually is tied to the number of mandates the CSM has found to be reimbursable and the mandate’s statewide cost. (Typically, when the CSM has determined a claim filed by a school district to be reimbursable, it has developed a statewide cost estimate for performing the mandate and the state has added the estimated amount or a portion of the estimated amount to the block grant as part of its annual budget process.) School districts that choose to participate in the block grant program receive per-student funding to cover the cost of state-mandated activities in lieu of submitting ongoing mandate claims for reimbursement. Charter schools also may participate in the block grant, but they may not submit mandate claims or receive reimbursement for mandate costs.

School districts receive a per-student funding rate for K-8 students of about $30, with about $60 provided for high school students. Charter schools receive half the K‑8 per-student funding rates of school districts, because about half of K-8 mandates apply to them. Similarly, about half of high school mandates apply to charter schools, but their grades 9‑12 rate is more than half the district rate, or about $40, because of due to the treatment of certain mandates.

1. Could This Mandate Be Added to the K-12 Mandate Block Grant? The 2016 bill originating the requirement for school districts to provide comprehensive sexual health instruction to students was keyed as a potentially reimbursable state mandate. To date, school districts have not submitted claims to the CSM for these activities. Generally, school districts have a year to file a claim with the CSM from the time the mandate was enacted, or a year from when additional costs to perform the mandate were incurred, whichever is later. Were school districts to submit a claim and were the CSM to determine the activity a reimbursable state mandate, the state could increase the block grant to account for these costs as part of its annual budget process. Charter schools would receive a portion of this block grant increase.
2. Related Legislation. AB 1861 (Rodriguez) of this session requires school districts to add content to the sexual health education instruction pertaining to how social media and mobile device applications are used to facilitate human trafficking.
3. Instructional Materials. The State Board of Education (SBE) generally adopts instructional materials to help schools teach required content. Instructional materials related to comprehensive sexual health education are in development and are to be adopted by SBE by May 2019. The SBE indicates 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 2601 (

Author:Weber) – As Introduced Ver:February 15, 2018

SUBJECT: Pupil instruction: sexual health education: charter schools

SUMMARY: Extends to charter schools the requirement to provide instruction on comprehensive sexual health and HIV prevention. Specifically, this bill:

1. Defines “school district,” for purposes of the requirements of the California Healthy Youth Act, to include charter schools, thereby extending the requirement to instruct students about comprehensive sexual health and HIV prevention to charter schools.

EXISTING LAW:

1. Requires schools operated by school districts, county boards of education, county superintendents of schools, and the California Schools for the Deaf and for the Blind, to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school.
2. Requires that this instruction include:
3. the nature, and transmission of HIV and other sexually transmitted infections (STIs), and the risk of infection according to specific behaviors, including sexual activities and injection drug use.
4. abstinence from sexual activity and injection drug use as the only certain way to prevent HIV and other STIs, and abstinence from sexual intercourse as the only certain way to prevent unintended pregnancy.
5. the effectiveness of all Food and Drug Administration approved methods of preventing or reducing the risk of contracting HIV and other STIs.
6. information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing, and information abou the treatment of HIV and other STIs.
7. discussion about social views on HIV and AIDS.
8. information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence
9. information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy. Requires instruction on pregnancy to include an objective discussion of all legally available pregnancy outcomes.
10. information on the law on surrendering physical custody of a minor child 72 hours of age or younger
11. information on the importance of prenatal care
12. information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking
13. Requires that this instruction, and related instructional materials:
14. be age appropriate
15. medically accurate and objective
16. appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners
17. be made available on an equal basis to a pupil who is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil
18. accessible to pupils with disabilities
19. not reflect or promote bias against any person on the basis of any protected category
20. affirmatively recognize that people have different sexual orientations and inclusive of same-sex relationships
21. pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes
22. encourage a pupil to communicate with his or her parents, guardians, and other trusted adults about human sexuality and provide the knowledge and skills necessary to do so
23. teach the value of and prepare pupils to have and maintain committed relationships such as marriage
24. provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation
25. pupils with knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills to assist pupils in overcoming peer pressure and using effective decision-making skills to avoid high-risk activities
26. not teach or promote religious doctrine
27. Requires that this instruction be provided by trained instructors, and requires instructors to undergo periodic continuation instruction to ensure that they are aware of the most recent findings relevant to sexual health education.
28. Requires that parents or guardians be given the right to excuse their child from all or part of comprehensive sexual health and HIV prevention instruction.

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: “AB 2601 will amend the California Healthy Youth Act to define ‘school districts’ to include charter schools. This will ensure students enrolled in California charter schools also receive instruction in comprehensive sexual health and HIV prevention education.”

The author notes that, according to the CDE, the number of California charter school students grew by 5.88% between 2013 and 2015. The author also notes that comprehensive sexual health and HIV prevention education has been shown to be effective in both delaying sexual activity and increasing condom and contraceptive use among youth who are already sexually active.

AB 329 marked major reform of sexual health education. AB 329 (Weber) of the 2015-16 Session marked a major reform of comprehensive sexual health and HIV prevention education. AB 329 This act made changes intended to:

• Update the HIV and AIDS prevention education Ensure that students are receiving comprehensive and accurate prevention information for HIV, other sexually transmitted infections, and unintended pregnancy, as well as information about local health resources
• Clarify and bolster existing requirements that instruction and materials be appropriate for students of all sexual orientations and genders
• Clarify the existing passive consent policy for parental consent
• Include new language relating to adolescent relationship abuse and sex trafficking, and reinforce a focus on healthy attitudes, healthy behaviors, and healthy relationships

How many charter school students would receive sexual health and HIV prevention instruction as a result of this bill? Enrollment in charter schools increases significantly each year. Enrollment in charter schools totaled 544,980 in 2014-15 (8.7% of total enrollment) and increased to 602,837 in 2016-17 (9.7% of total enrollment).

The California Healthy Youth Act requires instruction in sexual health and HIV prevention once in junior high school and once in high school. Enrollment in charter schools in those grades, including growth in those grades over the prior two years (according to the CDE), are shown below, indicating that there are approximately 50,000 students in each of grades 7-12.

Study of sexual health education in charter schools in San Diego. A 2017 study of sexual health education in 20 San Diego charter schools (Walsh-Buhi, 2017) found that, according to principals of those schools, 85% had offered sexuality education in the previous two years, but some of the content required to be taught under the California Healthy Youth Act was poorly covered. 53% provided instruction on birth control, 35% provided information on sexual orientation, and 29% provided students instruction on talking with parents about sex and relationships.

Sexual harassment prevalent among adolescent girls; sexual health instruction is the only mandated instruction on this topic. Research suggests that adolescent girls frequently experience sexual harassment. One study of adolescent girls in California and Georgia (Leaper, 2008) found that 90% of girls report experiencing sexual harassment, among other forms of abuse, and that likelihood increases with age.

The California Healthy Youth Act requires that students learn about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking at least once in junior high school and at least once in high school. Current law also requires that instruction provide students with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation, and also requires that instruction provide information about local resources for assistance with sexual assault and intimate partner violence. The California Healthy Youth Act represents the only mandated instruction on these topics.

Status of comprehensive sexual health mandate implementation. While the mandate to provide comprehensive sexual health education has been effective since January 1, 2016, instructional materials aligned to the content required by law will not be adopted until 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. 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.

Related and prior legislation. AB 1861 (Rodriguez) of this Session requires school districts to educate students and parents on how social media and mobile device applications are used to facilitate human trafficking.

AB 1868 (Cunningham) of this Session adds an authorization to the California Healthy Youth Act that permits school districts to provide instruction on the potential risks and consequences of creating and sharing sexually suggestive or explicit materials through cellular phones, social networking websites, computer networks, or other digital media.

AB 1227 (Bonta) Chapter 588, Statutes of 2017 requires schools to provide training on human trafficking, and makes changes to the Commercially Sexually Exploited Children Program by, among other things, including educational entities among the groups with whom a county must collaborate.

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.

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

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union of California (co-sponsor)

Black Women for Wellness (co-sponsor)

ACT for Women and Girls

American College of Obstetricians and Gynecologists

American Medical Women's Association

American Nurses Association of California

Business and Professional Women of Nevada County

California Association for Health, Physical Education, Recreation and Dance

California Association of School Health Educators

California LGBT Health and Human Services Network

California Latinas for Reproductive Justice

California Partnership to end Domestic Violence

California Women's Law Center

Center on Reproductive Rights and Justice at the UC Berkeley, School of Law

Citizens for Choice

Common Sense Kids Action

Equal Rights Advocates

Equality California

Forward Together

Free Speech Coalition

Fresno Barrios Unidos

Genders and Sexualities Alliance Network

Health Connected

Health Initiatives for Youth

Khmer Girls in Action

LGBTQ Center of Long Beach

Latino Coalition for a Healthy California

Los Angeles LGBT Center

Los Angeles Trust for Children's Health

More Than Sex-Ed

NARAL Pro-Choice California

National Center for Lesbian Rights

National Center for Youth Law

National Council of Jewish Women, California

North County LGBTQ Resource Center

Planned Parenthood Affiliates of California

Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Public Health Justice Collective

San Diego LGBT Community Center

San Francisco Community Health Center

South Asian Network

Trans Family Support Services

Several Individuals

Opposition

None on file

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