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 adolescent relationship abuse and intimate partner violence.

This bill would require the information included in the instruction about adolescent relationship abuse and intimate partner violence to also include the early warning signs thereof. To the extent that this requirement would impose 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 1227 to be operative only if this bill and AB 1227 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 adolescent relationship abuse and intimate partner violence.

This bill would require the information included in the instruction about adolescent relationship abuse and intimate partner violence to also include the early warning signs thereof. To the extent that this requirement would impose 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 1227 to be operative only if this bill and AB 1227 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 adolescent relationship abuse and intimate partner violence.

This bill would require the information included in the instruction about adolescent relationship abuse and intimate partner violence to also include the early warning signs thereof. To the extent that this requirement would impose 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. The act requires the comprehensive sexual health education and HIV prevention education to satisfy specified criteria, including, among other criteria, that instruction and materials provide pupils with the 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. The act specifies that its purposes include, among others, providing pupils with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors. Under the act, this instruction includes, among other things, information about adolescent relationship abuse and intimate partner violence.

This bill would require the comprehensive sexual health education and HIV prevention education instruction and materials to provide pupils with the knowledge and skills they need to recognize the information included in the instruction about adolescent relationship abuse and intimate partner violence to also include the early warning signs of domestic violence in order to prevent abusive relationships and would designate providing pupils with those knowledge and skills as a purpose of the act. thereof. To the extent that this requirement would impose 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 requires the Instructional Quality Commission, during the next revision after January 1, 2017, of the publication Health Framework for California Public Schools, to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.

This bill would state the intent of the Legislature to enact legislation that would require high school curriculum to teach pupils to recognize the signs of an abusive relationship.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 643

Author:(Frazier)

As Amended Ver:September 8, 2017

Majority vote

Original Committee Reference: ED.

SUMMARY: Requires that content on the early warning signs of adolescent relationship abuse and intimate partner violence be included in mandated sexual health instruction.

The Senate amendments add double-jointing language to avoid chaptering out issues with AB 1227 (Bonta) of the current legislative session.

FISCAL EFFECT: According to the Senate Appropriations Committee, unknown Proposition 98 General Fund costs, likely to be in the low millions, to expand the existing human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS) prevention instruction mandate, and likely minor and absorbable costs to the CDE and the IQC for content development work related to adolescent relationship abuse and intimate partner violence.

COMMENTS:

Need for the bill. According to the author, "Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside of the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it."

According to the author, research on the societal costs of domestic violence demonstrates that this instruction is needed. The author cites research showing that women victimized by the behaviors of a teen dating partner obtain less education compared to those who have not been victimized" (Adams, 2013), that being physically or sexually abused makes teen girls six times more likely to become pregnant (Decker, 2005), and that up to one-half of domestic violence victims report that they lost a job, at least in part, due to domestic violence" (GAO, 1998).

Current law requires that schools teach about adolescent relationship abuse, intimate partner violence, healthy relationships free from violence. AB 329 (Weber), Chapter 398, Statues of 2015 requires schools to provide comprehensive sexual health education twice in grades 7-12, including information about adolescent relationship abuse and intimate partner violence. It also requires that instruction and materials give students the knowledge to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. This bill adds "early warning signs" to the required instruction.

All of the content mandated by AB 329 will be included in the revision of the Health curriculum framework. That framework is under revision now and scheduled for adoption by the State Board of Education in May, 2019. Instructional materials which are aligned to this framework will then be adopted by the State Board of Education for grades K-8. School districts generally purchase state-adopted instructional materials for classroom use.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002211

 THIRD READING  

Bill No: AB 643

Author:

Amended: 9/8/17 in Senate

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/28/17

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

SENATE APPROPRIATIONS COMMITTEE: 6-0, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Nielsen, Wiener

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 77-0, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill 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.

Senate Floor Amendments of 9/8/17 add double-jointing language to avoid chaptering issues with AB 1227 (Bonta).

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, all of the following:
   1. Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy, and information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
   2. 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.
   3. Information about the effectiveness and safety of all Food and Drug Administration-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
      1. Parenting, adoption, and abortion.
      2. Information on the law on surrendering physical custody of a minor child 72 hours of age or younger.
      3. The importance of prenatal care.
   4. Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
4. Authorizes a school district to provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses, and authorizes a school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 to provide age-appropriate and medically accurate information on any of the general topics of the required comprehensive sexual health education or HIV prevention education. (EC § 51934)
5. 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)
6. 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)
7. 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)

This bill 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.

Comments

1. Need for the bill. According to the author, “Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it. The California Women’s Health Survey (CWHS) reports that approximately 40% of California women experience physical intimate partner violence in their lifetimes. The same study found younger women, 18-24 years of age, were significantly more likely (11%) to be victims of physical intimate partner violence in the past year than women in other age groups. Of those experiencing physical intimate partner violence, 75% of victims had children under the age of 18 years at home. Furthermore, in 2015, the California Department of Justice, Criminal Justice Statistics Center reported 118 domestic violence fatalities, accounting for 10.5% of all homicides in California. In that same year, California law enforcement agencies received 162,302 domestic violence-related calls, 68,585 of which included a weapon. It is important that we teach our children that behavior is dangerous and detrimental to their well-being.”
2. 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 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 California Department of Education (CDE) for guidance on how to meet the requirements of the law. The CDE Web site includes a link to the California Healthy Kids Resource Center (CHKRC), which “is a source of information on many health related topics, including health education and coordinated school health. The CDE works closely with CHKRC to ensure that curriculum and supplemental materials used for comprehensive sexual health education and HIV/AIDS prevention education have been reviewed for scientific accuracy and are research-based, culturally sensitive, and educationally sound. School administrators, teachers, curriculum specialists, school health professionals, community members, university faculty, and others are encouraged to borrow from the CHKRC (at no cost) accurate and current curriculum, DVDs, CD-ROMs, videotapes, instructional resources and publications, which cover a wide range of health topics including sexual health and HIV/AIDS.” However, as of June 30, 2017, the Alameda County Office of Education will no longer administer the CHKRC, but the San Joaquin County Office of Education (SJCOE) is in the process of partnering with the CDE to continue the CHKRC's mission to provide the highest quality, research-based resources, professional development, and guidance for school-based wellness promotion and health education.

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 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 will be holding 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 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.

Related/Prior Legislation

AB 1227 (Bonta, 2017) 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, and expands the scope of the Commercially Sexually Exploited Children Program to include children who may become victims of commercial sexual exploitation.

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 to 12, and modified the content of instruction on sexual health education and HIV/AIDS prevention.

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, and authorizes school districts to provide instruction on sexual abuse and sex trafficking.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, there are unknown Proposition 98 General Fund costs, likely to be in the low millions, to expand the existing HIV/AIDS prevention instruction mandate, and likely minor and absorbable costs to the CDE and the IQC for content development work related to adolescent relationship abuse and intimate partner violence.

SUPPORT: (Verified 9/8/17)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California College and University Policy Chiefs Association

California Narcotic Officers Association

California Partnership to End Domestic Violence

California School Boards Association

California School Nurses Organization

City of Vacaville

Common Sense Kids Action

Crime Victims United of California

Domestic Violence and Sexual Assault Coalition

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

National Association of Social Workers

Riverside Sheriffs’ Association

Safequest Solano

Vacaville Unified School District

One individual

OPPOSITION: (Verified 9/8/17)

California Right to Life Committee, Inc.

ASSEMBLY FLOOR: 77-0, 5/31/17

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

NO VOTE RECORDED: Choi, Eggman, Melendez

Prepared by:

9/11/17 9:09:23

**** END ****

 THIRD READING  

Bill No: AB 643

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/28/17

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

SENATE APPROPRIATIONS COMMITTEE: 6-0, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Nielsen, Wiener

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 77-0, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill 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.

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, all of the following:
   1. Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy, and information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
   2. 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.
   3. Information about the effectiveness and safety of all Food and Drug Administration-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
      1. Parenting, adoption, and abortion.
      2. Information on the law on surrendering physical custody of a minor child 72 hours of age or younger.
      3. The importance of prenatal care.
   4. Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
4. Authorizes a school district to provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses, and authorizes a school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 to provide age-appropriate and medically accurate information on any of the general topics of the required comprehensive sexual health education or HIV prevention education. (EC § 51934)
5. 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)
6. 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)
7. 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)

This bill 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.

Comments

1. Need for the bill. According to the author, “Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it. The California Women’s Health Survey (CWHS) reports that approximately 40% of California women experience physical intimate partner violence in their lifetimes. The same study found younger women, 18-24 years of age, were significantly more likely (11%) to be victims of physical intimate partner violence in the past year than women in other age groups. Of those experiencing physical intimate partner violence, 75% of victims had children under the age of 18 years at home. Furthermore, in 2015, the California Department of Justice, Criminal Justice Statistics Center reported 118 domestic violence fatalities, accounting for 10.5% of all homicides in California. In that same year, California law enforcement agencies received 162,302 domestic violence-related calls, 68,585 of which included a weapon. It is important that we teach our children that behavior is dangerous and detrimental to their well-being.”
2. 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 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 California Department of Education (CDE) for guidance on how to meet the requirements of the law. The CDE Web site includes a link to the California Healthy Kids Resource Center (CHKRC), which “is a source of information on many health related topics, including health education and coordinated school health. The CDE works closely with the Center to ensure that curriculum and supplemental materials used for comprehensive sexual health education and HIV/AIDS prevention education have been reviewed for scientific accuracy and are research-based, culturally sensitive, and educationally sound. School administrators, teachers, curriculum specialists, school health professionals, community members, university faculty, and others are encouraged to borrow from the CHKRC (at no cost) accurate and current curriculum, DVDs, CD-ROMs, videotapes, instructional resources and publications, which cover a wide range of health topics including sexual health and HIV/AIDS.” However, as of June 30, 2017, the Alameda County Office of Education will no longer administer the CHKRC, but the San Joaquin County Office of Education (SJCOE) is in the process of partnering with the CDE to continue the CHKRC's mission to provide the highest quality, research-based resources, professional development, and guidance for school-based wellness promotion and health education.

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 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 will be holding 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 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.

Related/Prior Legislation

AB 1227 (Bonta, 2017) 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, and expands the scope of the Commercially Sexually Exploited Children Program to include children who may become victims of commercial sexual exploitation. AB 1227 is pending on the Senate Floor.

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 to 12, and modified the content of instruction on sexual health education and HIV/AIDS prevention.

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, and authorizes school districts to provide instruction on sexual abuse and sex trafficking.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, there are unknown Proposition 98 General Fund costs, likely to be in the low millions, to expand the existing HIV/AIDS prevention instruction mandate, and likely minor and absorbable costs to the CDE and the IQC for content development work related to adolescent relationship abuse and intimate partner violence.

SUPPORT: (Verified 8/31/17)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California College and University Policy Chiefs Association

California Narcotic Officers Association

California Partnership to End Domestic Violence

California School Boards Association

California School Nurses Organization

City of Vacaville

Common Sense Kids Action

Crime Victims United of California

Domestic Violence and Sexual Assault Coalition

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

National Association of Social Workers

Riverside Sheriffs’ Association

Safequest Solano

Vacaville Unified School District

One individual

OPPOSITION: (Verified 8/31/17)

California Right to Life Committee, Inc.

ASSEMBLY FLOOR: 77-0, 5/31/17

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

NO VOTE RECORDED: Choi, Eggman, Melendez

Prepared by:

9/4/17 13:02:58

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 643 (Frazier) - Pupil instruction: abusive relationships

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

Bill Summary:

This bill 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 7-12.

Fiscal Impact:

• Unknown Proposition 98 General Fund costs, likely to be in the low millions, to expand the existing HIV/AIDS prevention instruction mandate.
• Likely minor and absorbable costs to the California Department of Education (CDE) and the Instructional Quality Commission (IQC) for content development work related to adolescent relationship abuse and intimate partner violence.

Background:

Existing law 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. The comprehensive sexual health education and HIV prevention education instruction shall include, among other topics related to HIV, all of the following:

1. Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy, and information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
2. 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.
3. Information about the effectiveness and safety of all Food and Drug Administration-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following: parenting, adoption, and abortion; information on the law on surrendering physical custody of a minor child 72 hours of age or younger; and the importance of prenatal care.
4. Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.

Existing law also authorizes a school district to provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses, and authorizes a school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 to provide age-appropriate and medically accurate information on any of the general topics of the required comprehensive sexual health education or HIV prevention education.

Further, existing law 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.

While the requirement 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 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 California Department of Education (CDE) for guidance on how to meet the requirements of the law. The CDE website includes a link to the California Healthy Kids Resource Center, which “is a source of information on many health related topics, including health education and coordinated school health. The CDE works closely with the center to ensure that curriculum and supplemental materials used for comprehensive sexual health education and HIV/AIDS prevention education have been reviewed for scientific accuracy and are research-based, culturally sensitive, and educationally sound. School administrators, teachers, curriculum specialists, school health professionals, community members, university faculty, and others are encouraged to borrow from the California Healthy Kids Resource Center (at no cost) accurate and current curriculum, DVDs, CD-ROMs, videotapes, instructional resources and publications, which cover a wide range of health topics including sexual health and HIV/AIDS.”

Proposed Law:

This bill 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 7-12.

Related Legislation:

AB 1227 (Bonta, 2017) requires schools to provide training on human trafficking, includes human trafficking in the definition of "child abuse and neglect," and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking. AB 1227 is pending in the Senate Committee on Human Services.

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.

Staff Comments:

This bill expands the existing HIV prevention education mandate (known as AIDS Instruction and AIDS Prevention Instruction) by including information on the early warning signs of adolescent relationship abuse and intimate partner violence in its provisions. Consistent with the previous determinations by the Commission on State Mandates regarding the AIDS instruction mandate, it is likely to determine the requirements in this bill to be a higher level of service and therefore a reimbursable state mandate. According to data from the State Controller’s Office, program costs attributed to this mandate have been around $1.5 million. Because this bill expands the existing mandate, costs would likely increase.

In 2002, the Commission found that Chapter 403, Statutes of 1998 imposes new activities on school districts by adding instructional content to the AIDS prevention instruction and altering the parent/guardian notification requirements. This created the second AIDS mandate. Similarly, this bill increases the content of HIV prevention instruction by introducing new required topics into the curriculum.

School districts may already incorporate the bill’s provisions as part of its comprehensive sexual health education within the required HIV prevention instruction. However, if deemed a mandate, this bill would allow even those school districts currently in compliance to claim reimbursement from the state. To the extent school districts are not already in compliance, they would have to update their programs.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 643 Hearing Date: June 28, 2017

Subject: Pupil instruction: abusive relationships

SUMMARY

This bill 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 7-12.

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, all of the following:

a) Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy, and information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.

b) 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.

c) Information about the effectiveness and safety of all Food and Drug Administration-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:

i) Parenting, adoption, and abortion.

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

iii) The importance of prenatal care.

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

(EC § 51934)

4) Authorizes a school district to provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses, and authorizes a school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 to provide age-appropriate and medically accurate information on any of the general topics of the required comprehensive sexual health education or HIV prevention education.

(EC § 51934)

5) 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. (EC § 33546)

6) 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:

a) 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.

b) Consult with teachers and educators with expertise in a curriculum for developing healthy relationships. (EC § 33546)

7) Specifies, for purposes of (5) and (6) above, that the development of healthy relationships includes, but is not limited to, all of the following:

a) Understanding the principles of treating one another with respect, dignity, and kindness.

b) Demonstrating the ability to use interpersonal communication skills to address and resolve disagreement and conflict.

c) 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 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 7-12.

STAFF COMMENTS

1) Need for the bill. According to the author, “Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it. The California Women’s Health Survey (CWHS) reports that approximately 40% of California women experience physical intimate partner violence in their lifetimes. The same study found younger women, 18-24 years of age, were significantly more likely (11%) to be victims of physical intimate partner violence in the past year than women in other age groups. Of those experiencing physical intimate partner violence, 75% of victims had children under the age of 18 years at home. Furthermore, in 2015, the California Department of Justice, Criminal Justice Statistics Center reported 118 domestic violence fatalities, accounting for 10.5% of all homicides in California. In that same year, California law enforcement agencies received 162,302 domestic violence-related calls, 68,585 of which included a weapon. It is important that we teach our children that behavior is dangerous and detrimental to their well-being.”

2) 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 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 California Department of Education (CDE) for guidance on how to meet the requirements of the law. The CDE website includes a link to the California Healthy Kids Resource Center (CHKRC), which “is a source of information on many health related topics, including health education and coordinated school health. The CDE works closely with the Center to ensure that curriculum and supplemental materials used for comprehensive sexual health education and HIV/AIDS prevention education have been reviewed for scientific accuracy and are research-based, culturally sensitive, and educationally sound. School administrators, teachers, curriculum specialists, school health professionals, community members, university faculty, and others are encouraged to borrow from the California Healthy Kids Resource Center (CHKRC) (at no cost) accurate and current curriculum, DVDs, CD-ROMs, videotapes, instructional resources and publications, which cover a wide range of health topics including sexual health and HIV/AIDS.” However, as of June 30, 2017, the Alameda County Office of Education will no longer administer the CHKRC, but the San Joaquin County Office of Education (SJCOE) is in the process of partnering with the California Department of Education (CDE) to continue the CHKRC's mission to provide the highest quality, research-based resources, professional development, and guidance for school-based wellness promotion and health education.

3) 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 CDE’s website 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 will be holding 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.

4) Related and prior legislation. AB 1227 (Bonta, 2017) requires schools to provide training on human trafficking, includes human trafficking in the definition of "child abuse and neglect," and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking. AB 1227 passed this committee and is pending in the Senate Committee on Human Services.

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.

SB 1165 (Mitchell, Chapter 713, Statutes of 2014) required the Instructional Quality Commission to consider including sexual abuse and sex trafficking prevention education in the Health framework when it is next revised, and authorizes school districts to provide instruction on sexual abuse and sex trafficking.

SUPPORT

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California College and University Policy Chiefs Association

California Narcotic Officers Association

California Partnership to End Domestic Violence

California School Boards Association

California School Nurses Organization

City of Vacaville

Common Sense Kids Action

Crime Victims United of California

Domestic Violence and Sexual Assault Coalition

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

National Association of Social Workers

Riverside Sheriffs’ Association

Safequest Solano

Vacaville Unified School District

OPPOSITION

California Right to Life, Inc.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 643

Author:(Frazier)

As Amended Ver:April 18, 2017

Majority vote

SUMMARY: Requires that content on the early warning signs of adolescent relationship abuse and intimate partner violence be included in mandated sexual health instruction.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. No additional costs for the Instructional Quality Commission (IQC). The California Department of Education believes this bill clarifies content development as it relates healthy relationships and the upcoming IQC revision. 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 IQC.
2. Potential reimbursable mandate costs in the millions if the Commission on State Mandates (CSM) finds reimbursable workload associated with school districts teaching the early warning signs of adolescent relationship abuse and partner violence. This bill could result in a reimbursable mandate as it requires a higher level of service from 1,025 school districts, even before the IQC reviews the Health curriculum framework and develops instructional materials. Assuming that only a quarter of the school districts submit a reimbursable claim for addressing workload associated with including early warning signs, at $5,000 this could result in annual costs of $1.3 million General Fund/Prop 98. While there is extensive research on early warning signs of relationship and intimate partner violence, currently no school district has curriculum materials and a compliance checklist to meet the requirements of the law.

COMMENTS:

Need for the bill. According to the author, "Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside of the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it."

According to the author, research on the societal costs of domestic violence demonstrates that this instruction is needed. The author cites research showing that women victimized by the behaviors of a teen dating partner obtain less education compared to those who have not been victimized" (Adams, 2013), that being physically or sexually abused makes teen girls six times more likely to become pregnant (Decker, 2005), and that one quarter to one-half of domestic violence victims report that they lost a job, at least in part, due to domestic violence" (GAO, 1998).

Current law requires that schools teach about adolescent relationship abuse, intimate partner violence, healthy relationships free from violence. AB 329 (Weber), Chapter 398, Statues of 2015 requires schools to provide comprehensive sexual health education twice in grades 7-12, including information about adolescent relationship abuse and intimate partner violence. It also requires that instruction and materials give students the knowledge to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. This bill adds "early warning signs" to the required instruction on adolescent relationship abuse and intimate partner violence.

All of the content mandated by AB 329 will be included in the revision of the Health curriculum framework. That framework is under revision now and scheduled for adoption by the State Board of Education in May, 2019. Instructional materials which are aligned to this framework will then be adopted by the State Board of Education for grades K-8. School districts generally purchase state-adopted instructional materials for classroom use.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000569

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 643

Author:(Frazier) – As Amended Ver:April 18, 2017

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

SUMMARY:

This bill requires school districts to provide instruction on adolescent relationship abuse and intimate partner violence, including the early warning signs.

FISCAL EFFECT:

1. No additional costs for the Instructional Quality Commission (IQC). The California Department of Education believes this bill clarifies content development as it relates healthy relationships and the upcoming IQC revision. 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 IQC.
2. Potential reimbursable mandate costs in the millions if the Commission on State Mandates (CSM) finds reimbursable workload associated with school districts teaching the early warning signs of adolescent relationship abuse and partner violence. This bill could result in a reimbursable mandate as it requires a higher level of service from 1,025 school districts, even before the IQC reviews the Health curriculum framework and develops instructional materials. Assuming that only a quarter of the school districts submit a reimbursable claim for addressing workload associated with including early warning signs, at $5,000 this could result in annual costs of $1.3 million General Fund/Prop 98. While there is extensive research on early warning signs of relationship and intimate partner violence, currently no school district has curriculum materials and a compliance checklist to meet the requirements of the law.

COMMENTS:

1. Background. Existing state law requires instruction and materials to 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.

This bill would add new content to existing law established by AB 329 (Weber), Chapter 398, Statues of 2015, which requires schools to provide comprehensive sexual health education twice in grades 7-12, including information about adolescent relationship abuse and intimate partner violence, and for the the IQC to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships when the Health curriculum framework is next revised after January 1, 2017,

That framework is under revision now and scheduled for adoption by the State Board of Education in May of 2019. Instructional materials which are aligned to this framework will then be adopted by the State Board of Education and school districts then be able to purchase state-adopted instructional materials for classroom use.

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 the Health Curriculum Framework is completed and adopted in 2019. In the interim, schools are required by law to provide this instruction.

1. Purpose. According to the author, “Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside of the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it.” The author also highlights that research on the societal costs of domestic violence demonstrates that this instruction is needed.

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 643 (

Author:Frazier) – As Introduced Ver:February 14, 2017

SUBJECT: School curriculum: abusive relationships

SUMMARY: Requires that instruction on the early warning signs of domestic violence be included in mandated sexual health instruction. Specifically, this bill:

1. Adds “recognizing the early warning signs of domestic violence in order to prevent abusive relationships” to the stated purposes of the California Healthy Youth Act.
2. Requires that instruction and materials used in mandated comprehensive sexual health education and HIV prevention education provide students with the knowledge and skills they need to recognize the early warning signs of domestic violence in order to prevent abusive relationships.

EXISTING LAW:

1. Requires, in the California Healthy Youth Act, each school district to ensure that all students in grades 7 to 12 receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. (EC 51934)
2. Requires each student to receive this instruction at least once in junior high school or middle school and at least once in high school.
3. Requires instruction and materials to 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.
4. Requires instruction and materials to include information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
5. Requires, when the Health curriculum framework is next revised after January 1, 2017, the Instructional Quality Commission (IQC) to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, including:
6. understanding the principles of treating one another with respect, dignity, and kindness
7. demonstrating the ability to use interpersonal communication skills to address and resolve disagreement and conflict
8. recognizing when and how to respond to dangerous or other situations that may result in the bullying, harassment, harming, or hurting of another person

FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as a state mandated local program.

COMMENTS:

Need for the bill. According to the author, “Unhealthy and abusive relationships are often developed at an early age due to exposure to behavior inside and outside of the home and family. This bill seeks to provide students with the educational resources they need to recognize and prevent domestic violence wherever they encounter it.”

According to the author, research on the societal costs of domestic violence demonstrates that this instruction is needed. The author cites research showing that women victimized by the behaviors of a teen dating partner obtain less education compared to those who have not been victimized” (Adams, 2013), that being physically or sexually abused makes teen girls six times more likely to become pregnant (Decker, 2005), and that one quarter to one-half of domestic violence victims report that they lost a job, at least in part, due to domestic violence” (GAO, 1998).

Current law already requires that schools teach about adolescent relationship abuse, intimate partner violence, healthy relationships free from violence. AB 329 (Weber), Chapter 398, Statues of 2015 requires schools to provide comprehensive sexual health education twice in grades 7-12, including information about adolescent relationship abuse and intimate partner violence. It also requires that instruction and materials give students the knowledge to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. This bill requires that instruction and materials used in this instruction provide students with the knowledge and skills they need to recognize the early warning signs of domestic violence.

All of the content mandated by AB 329 will be included in the revision of the Health curriculum framework. That framework is under revision now and scheduled for adoption by the State Board of Education in May, 2019. Instructional materials which are aligned to this framework will then be adopted by the State Board of Education. School districts generally purchase state-adopted instructional materials for classroom use.

Since the content identified in this bill (by more specific terms) is already to be included in the Health curriculum framework and corresponding instructional materials, and since other law requires that the IQC consider including content on healthy relationships when revising the Health curriculum framework, it is unclear if this bill will add significantly to the mandated instruction.

The one area of content not already included in the code is related to “early warning signs” of abuse. Accordingly, staff recommends that the bill be amended to strike the current language and instead add create a new line within Section 51934 which requires that instruction include “Information on adolescent relationship abuse and intimate partner violence, including the early warning signs of thereof.”

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 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. The CDE website currently says only that new legislation has been enacted which will change sexual health education, that the law goes into effect January 1, 2016, and to check back for updates. Another page states that the content is under review.

At least one independent organization has developed curriculum materials and a compliance checklist to assist school districts in meeting the requirements of the law. However, as AB 329 included significant revisions to content and instruction, and as school districts look to the state for guidance, the Committee may wish to consider whether the state is providing sufficient information to school districts on the requirements of the law.

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 CDE’s website notes that the sections on family living are inconsistent with current law.

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

The Health curriculum framework revision is now underway, and final adoption by the SBE 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 will be holding 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 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.

Related and prior legislation. AB 1227 (Bonta) of this Session requires school districts to provide instruction on abuse, sexual abuse, and human trafficking. This bill is pending in this Committee.

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.

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, and authorizes school districts to provide instruction on sexual abuse and sex trafficking.

REGISTERED SUPPORT / OPPOSITION:

Support

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California College and University Policy Chiefs Association

California Narcotic Officers Association

California Partnership to End Domestic Violence

California School Nurses Organization

City of Vacaville

Crime Victims United of California

Domestic Violence and Sexual Assault Coalition

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

Riverside Sheriffs’ Association

Safequest Solano

Vacaville Unified School District

Several individuals

Opposition

None on file

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