BILL ANALYSIS SB 1300 Page 1 Date of Hearing: June 30, 2010 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair SB 1300 (Correa) - As Amended: June 1, 2010 SENATE VOTE : 22-8 SUBJECT : Pupils: teen dating violence prevention SUMMARY : Establishes the California Teen Dating Violence Prevention Education Act and authorizes a school district to provide teen dating violence (TDV) prevention education, as specified. Specifically, this bill : 1)Makes findings and declarations relative to TDV and defines the following terms: a) Abuse of property; b) Dating partner; c) Healthy relationship; d) Inappropriate sexual behavior; e) Internet abuse or cyber bullying; f) Nonverbal abuse; g) Obscene materials; h) Physical abuse; i) Physical intimidation; j) Reproductive control; aa) Sexual assault; bb) Sexual harassment; cc) Sexual violence; dd) Stalking; ee) Teen dating violence; ff) Use of weapons; gg) Verbal abuse; and, hh) Written materials. 2)Authorizes a school district to provide TDV prevention education consisting of age-appropriate instruction, as developed by the State Board of Education (SBE) as part of the sexual health and health education program it provides to pupils in grades 7 to 12, inclusive. 3)Stipulates that a school district may use school district personnel or outside consultants who are trained in the appropriate courses to provide such instruction. SB 1300 Page 2 4)Requires a school district that elects to offer TDV prevention education to include instruction and materials regarding TDV and sexual violence that include methods for doing all of the following: a) Recognizing what constitutes a healthy relationship; b) Identifying TDV, verbal abuse, nonverbal abuse, physical intimidation, stalking, physical abuse, inappropriate sexual behavior, sexual harassment, sexual violence, sexual assault, and Internet abuse and cyber bullying; and, c) Locating sources for legal, medical, mental health, and other supportive services regarding TDV. 5)Requires a school district that elects to offer TDV prevention education to satisfy all of the following criteria: a) Instruction and materials shall be age appropriate; b) Information presented shall be medically accurate and objective; c) Instruction shall be made available on an equal basis to a pupil who is an English learner; d) Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds and with pupils with disabilities; e) Instruction and materials shall be accessible to pupils with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids; f) Instruction and materials shall encourage a pupil to communicate with his or her parents or guardians about human sexuality, and should provide the skills to initiate those discussions; g) Instruction and materials shall teach respect for marriage and committed relationships that are voluntary, healthy, and safe; h) Instruction and materials shall teach pupils the skills to recognize and aspire to healthy, respectful relationships including all of the following: i) Communication skills that help them discuss and resolve conflicts within intimate relationships with respect and nonviolence; ii) Critical thinking skills; iii) Skills to negotiate with an intimate partner; and, SB 1300 Page 3 iv) Skills for pupils to recognize and understand their own individual boundaries, and recognize and respect the boundaries of others. i) Instruction and materials shall not teach or promote religious doctrine; and, j) Instruction and materials shall not reflect or promote bias against any person on the basis of any category protected under existing law. 6)Requires the instruction and materials teach pupils the skills to recognize and aspire to healthy, respectful relationships including communication skills that help them discuss and resolve conflicts within intimate relationships with respect and nonviolence; critical thinking skills; skills to negotiate with an intimate partner; and skills for pupils to recognize and understand their own individual boundaries, and recognize and respect the boundaries of others. 7)Requires a school district that provides TDV prevention education to notify, the parent or guardian of each pupil about instruction in TDV prevention education and research on pupil health behaviors and risks that the district plans to provide for the coming year, and specifies that the notification shall include all of the following: a) Information about written and audiovisual educational materials used in comprehensive TDV prevention education that are available for inspection; b) Whether the TDV prevention education will be taught by school district personnel or by outside consultants or guest speakers, and if the district delivers TDV prevention education by guest speakers, requires the notice to include the date of the instruction, and the name of the organization or affiliation of each guest speaker; c) Information explaining the right of a parent or guardian to request a copy of this law and advice that a parent may request in writing that his or her child not receive TDV prevention education; and, d) Information on the opportunity to make a written request to examine the TDV education program instructional materials at the school in which his or her child is enrolled. 8)Authorizes anonymous, voluntary and confidential research and evaluation tools to measure pupils' health behaviors and SB 1300 Page 4 risks, including questionnaires and surveys containing age-appropriate questions about the pupil's attitudes concerning TDV to be administered to any pupil in grades 7-12, and specifies that the questionnaire or survey may be given only if the parent is first notified in writing that it is going to be administered and the pupil's parent is given the opportunity to review the questionnaire or survey and to request in writing that his or her child not participate. 9)Prohibits a pupil from attending any class in TDV prevention education, or participating in any questionnaire or survey, if the school has received a written request from the pupil's parent excusing the pupil from participation, and prohibits a pupil from being subject to disciplinary action, academic penalty or other sanction if the pupil's parent declines to permit the pupil to receive TDV prevention education or to participate in a questionnaire or survey. 10)Requires schools to provide an alternative educational activity for pupils who are not participating in TDV prevention education or the questionnaire or survey. 11)Requires the SBE to incorporate TDV and sexual violence curriculum into the health curriculum framework at its next revision, and to consult with the State Department of Public Health, the Attorney General, and domestic violence and sexual assault prevention advocates on the development of grade-level concepts and content guidelines to be incorporated into the sexual health and health education program currently taught at secondary schools to pupils in grades 7 to 12, inclusive. 12)Requires TDV and sexual violence education to include, but not be limited to, defining TDV and sexual violence, and recognizing TDV warning signs, and characteristics of healthy relationships, and information about legal, medical, and mental health services. 13)Specifies that the curriculum shall focus on educating pupils regarding TDV and sexual violence and shall be developed through interagency collaborations with advocates who work in the areas of domestic violence, TDV, and sexual violence. 14)Requires the SBE to incorporate TDV prevention education into sexual health and health education programs currently taught at secondary schools to pupils in any of grades 7 to 12, SB 1300 Page 5 inclusive, and requires TDV prevention education to be an independent section in the health curriculum. EXISTING LAW : 1)Authorizes schools to offer health education, and defines "comprehensive health education programs" to include activities designed to ensure that, among other things, pupils will receive instruction to aid them in making decisions in matters of personal, family, and community health. 2)Establishes the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act and authorizes schools districts to offer comprehensive sexual health education consisting of age-appropriate instruction in any kindergarten to grade 12, inclusive. 3)Requires a school district to ensure that all pupils in grades 7-12, inclusive, receive HIV/AIDS prevention education from instructors trained in the appropriate courses at least once in junior high or middle school and at least once in high school. 4)Establishes the Carl Washington School Safety and Violence Prevention Act and allows districts to, among other things, provide age-appropriate instruction in domestic violence prevention, dating violence prevention, and interpersonal violence prevention. 5)Prohibits the SBE from adopting instructional materials or follow the procedures for the adoption of instructional materials until the 2013-14 school year. 6)Requires local governing boards to provide standards-aligned textbooks or basic instructional materials no later than 24 months after those materials are adopted by the SBE, except that for the 2008-09 to the 2012-13 fiscal years, inclusive, a governing board of a school district is not required to provide pupils with instructional materials by the specified period of time following adoption of those materials by the SBE. 7)Requires, on or before March 1, 2008, the SBE to adopt content standards in health education and specifies that school districts are not required to follow the content standards. SB 1300 Page 6 8)Stipulates that parents and guardians of pupils enrolled in public schools have the right and should have the opportunity to be informed by the school and to participate in the education of their children, as specified, including by examining curriculum materials of the class or classes in which their child is enrolled. FISCAL EFFECT : According to the Senate Appropriations Committee, the California Department of Education (CDE), citing the costs of the recent revision of the physical education curriculum framework, estimates costs of approximately $450,000 to incorporate teen dating violence prevention into the health education curriculum. Given the suspension of framework updates, it's not clear in what year these costs would be incurred. The notification requirements in the bill would be local costs, as there is no requirement that schools provide this instruction. COMMENTS : According to the Centers for Disease Control (CDC), one in four adolescents report verbal, physical, emotional, or sexual abuse from a dating partner each year, and about 10% of students nationwide report being physically hurt by a boyfriend or girlfriend in the past 12 months. The author states, "With relationship violence so common among young people, it is critical to focus education, prevention, and intervention strategies on that age group. When young people are given the tools to understand healthy versus unhealthy relationships, they are better able to stop the cycle of violence, provide support to their peers, and take a stand against domestic and sexual violence." This bill establishes the Teen Dating Violence Prevention Education Act and authorizes school districts to provide TDV prevention education as part of sexual health education programs and requires districts that choose to implement such programs to follow specific guidelines and to provide parental notification of such programs and to provide parents the opportunity to opt their children out of this instruction. Additionally, this bill requires the inclusion of TDV prevention education in the heath curriculum framework, and codifies several definitions relative to TDV. TDV prevention education in schools : This bill authorizes districts to provide TDV prevention education in grades 7-12, inclusive, and while this explicit authority is not necessary for districts to offer this type of instruction, because the SB 1300 Page 7 Education Code is permissive, this bill does have very specific criteria for districts that choose to provide this instruction. For example, it requires districts to provide instruction and materials that encourage pupils to communicate with their parents about human sexuality and to provide the skills to initiate those discussions. It also requires districts that choose to provide TDV prevention education to provide instruction and materials that include methods to meet very specific goals. As currently drafted, this bill does not provide any flexibility for districts to tailor their programs according to the goals or needs of the district or the school. This bill could potentially have the effect of discouraging districts to include such instruction in the curriculum given the prescriptive nature of the criteria in this bill. Additionally, this raises questions as to whether districts that already have programs in place would have to modify the programs to comply with the provisions in this bill or whether some districts would instead choose not to provide TDV prevention instruction because their programs do not meet all the requirements in this bill. This is particularly important given the current fiscal environment in the state, which could put districts in situations to have to discontinue programs if they are not able to satisfy all of the required criteria of this bill, even if their programs meet some of the criteria. Staff recommends the bill be amended to narrow the criteria listed in the bill and to specify that a program includes but not be limited to the specified criteria. Effect on existing programs : The School Safety Block Grant, which includes programs such as the Carl Washington School Safety and Violence Prevention Act allows districts to, among other things, provide age-appropriate instruction in domestic violence prevention, dating violence prevention, and interpersonal violence prevention. This funding is included in the categorical flexibility pursuant to SB 4 3X, Chapter 12, Statutes of 2009, whereby schools are authorized to use funding from 43 categorical programs for any educational purpose. In instances in which a school district may still be operating such programs and providing TDV prevention instruction, this bill could potentially have the effect of restricting the provision of such instruction if such district does not meet the requirements of this bill. Additionally, school districts that currently collaborate with local domestic violence and/or sexual assault victim services agencies to provide TDV prevention education may also be affected by the requirements of this bill, SB 1300 Page 8 if the curriculum that is being used does not comply with the provisions of this bill. Health curriculum framework : This bill requires the inclusion of TDV prevention education into the health education curriculum framework. The SBE adopted the health education framework in 2002, and adopted the health content standards in March 2008. According to CDE, the new state-adopted health education standards specifically cover TDV prevention and related topics beginning in grade 5 and expand in grades 7-8 and 9-12. The health education standards address issues and topics such as characteristics of healthy relationships, establishing personal boundaries, communication skills to support discussions between students and their parents on a variety of subjects, sexual harassment, sexual assault, the influence of drugs and alcohol on sexual behaviors, healthy and respectful ways to express attraction and affection, decision-making skills to avoid dangerous situations such as violence in dating, and identifying local resources of health services. The health framework was scheduled for review in 2011 but the SBE's authority to revise the frameworks and adopt instructional materials has been suspended pursuant to AB 2 X4, Chapter 2, Statutes of 2009-10, Fourth Extraordinary Session, until the 2013-14 school year. It is expected that the revised health framework will incorporate the health education standards and thus incorporate TDV prevention education. This bill requires the SBE to consult with specified departments and advocates on the development of grade-level concepts and content guidelines to be incorporated into the sexual health and health education program currently taught at secondary schools. This is a requirement for an additional document other than the curriculum framework to include grade-level concepts and guidelines. It is unclear as to why a separate document would be necessary when this bill already requires the framework to include TDV prevention education. Staff recommends an amendment to clarify that the consultation as required by this section of the bill applies to the health education framework and does not require the development of an additional and separate document. This bill also includes a very lengthy list of definitions relative to TDV, which may be appropriate to include in the curriculum framework if the curriculum and content experts SB 1300 Page 9 determine these definitions are widely recognized and contain accurate content. While definitions may be helpful for providing some guidance within the curriculum framework, it is questionable as to whether these definitions should be codified. Particularly acknowledging that content changes rapidly and that current law provides for opportunities to revise curriculum frameworks every eight years in "non-core" curricular content areas, including health. This Committee may wish to consider whether these definitions should be codified or whether the task of determining how and what aspects of TDV prevention education shall be included in the curriculum framework should be left up to curriculum experts. Staff recommends this Committee consider amending the bill to delete the definitions from the bill. Sexual health education versus prevention education : This bill authorizes a school district to provide TDV prevention education as part of sexual health and health education programs. While it may be appropriate for this instruction to be part of the health education curriculum, it is questionable as to whether TDV prevention education should be part of sexual health education, when the curriculum of these two subjects is different. The health education standards do not treat TDV prevention as part of sexual health education. Advocacy organizations have written numerous letters emphasizing that TDV prevention education is not sexual health education and that TDV prevention can be taught without teaching anatomy or human sexuality concepts. In reviewing a sample TDV prevention education lesson staff notes that the following concepts are addressed in the sample lesson: 1)Helping students understand what constitutes healthy and abusive relationships 2)Identifying and discussing dating abuse, its causes and consequences 3)Providing students with the skills and resources to help themselves or friends in abusive dating relationships 4)Providing students with the skills to develop healthy dating relationships, including positive communication, anger management, and conflict resolution. SB 1300 Page 10 Staff recommends the bill be amended to authorize districts to provide TDV prevention education as part of its health curriculum and to delete provisions that make TDV prevention education part of sexual health education and that restrict the provision of such instruction within sexual health and health education programs. As currently drafted, this bill could limit the authority of providing this instruction only to districts that provide sexual health education. Hence, a school district that does not provide sexual health education would not be able to provide TDV prevention education either. Ambiguous language in the bill requires the SBE to incorporate TDV prevention education into the sexual health and health education program currently taught at secondary schools to pupils in grades 7-12, inclusive. It is unclear as to whether the intent behind this language is to reiterate that the SBE shall incorporate TDV prevention education into the health curriculum framework, or whether this language is requiring SBE to get involved in a local district's curriculum. Sexual health education is a permissive activity and school districts can currently design their own curriculum or partner with organizations to deliver this instruction. Staff recommends an amendment to delete language requiring the SBE to incorporate TDV prevention education into the sexual health and health education program currently taught at secondary schools to pupils in grades 7-12, inclusive. Parental notification and opt-out : This bill requires schools that choose to provide TDV prevention education to notify parents prior to this instruction, and allows parents to request that their child not receive TDV prevention education. While the notification provisions are consistent with current law relative to sex education and HIV/AIDS prevention education, some groups have raised concerns that TDV prevention education deals with personal safety issues and question whether parents should be allowed to opt their children out of this important instruction, particularly in consideration that the concepts taught in TDV prevention instruction do not necessarily relate to human sexuality. An argument could be made that by requiring notification and allowing parents to opt their children out of such important instruction, this bill treats TDV prevention the same way as SB 1300 Page 11 sexual health education, when it should instead be treated as any other violence prevention instruction. According to the health education standards, the TDV prevention education concepts and topics include but are not limited to, characteristics of healthy relationships, establishing personal boundaries, communication skills, sexual harassment, sexual assault, the influence of drugs and alcohol on sexual behaviors, healthy and respectful ways to express attraction and affection, decision-making skills to avoid dangerous situations such as violence in dating, and identifying local resources of health services. The author argues that parents should have an opportunity to exempt their children from participating in TDV prevention education because some of the instruction will deal with sexual violence and assault. Opponents would argue that it is possible to teach sexual violence prevention without addressing human anatomy or sexuality concepts and therefore TDV prevention education should not be viewed as sexual health instruction. An argument could also be made that the notification requirement may be too burdensome for schools and that this may discourage schools/districts from providing this instruction. Staff recommends this Committee to consider whether this instruction should require parental notification and whether it should provide an opportunity for parental opt-out, or whether this instruction should be treated similar to other prevention education. Treating TDV prevention education similar to other prevention education may increase the opportunities for pupils to access and take advantage of this information and instruction. According to information provided by the author, a survey of parents conducted by Women's Health shows that 81% of parents surveyed either believe teen dating violence is not an issue or admit they do not know if it is an issue. Additionally, a survey commissioned by Liz Claiborne Inc. and the Family Violence Prevention Fund, states, "For the first time, data also shows that despite the fact that the majority of parents say they are comfortable talking about these issues, parents are not effective in educating their children about the dangers of dating abuse. 74% for sons and 66% of daughters say they have not had a conversation about dating abuse this past year." Even though this bill is about TDV prevention, in various sections, this bill makes references to "human sexuality." For SB 1300 Page 12 example, this bill requires districts that offer TDV prevention education to ensure that instruction and materials encourage pupils to communicate with his or her parents or guardians about human sexuality and to provide the skills to initiate those discussions. These provisions already exists in the Education Code (EC) as part of the sexual education provisions, therefore, repeating some of these provisions in a section of the EC relative to TDV prevention may appear irrelevant and duplicative. In another section declaring legislative intent, the bill states that "while parents overwhelmingly support medically accurate, comprehensive sex education, parents and guardians have the ultimate responsibility for impairing values regarding human sexuality." Again, this language already exists in the Education Code under the sex education provisions, so it is unclear as to why this language should be duplicated, particularly in a proposed section of the EC that does not deal with sexual education but rather deals with violence prevention. Staff recommends the author consider amending the bill to avoid references to "human sexuality" and "sexual health education," so as to ensure that there is a clear distinction between TDV prevention education and sexual health education. According to the National Conference of State Legislatures (NCSL), at least seven states have laws that urge or require school boards to develop curriculum on teen dating violence, and in 2009, at least five states, Delaware, Hawaii, New Jersey, Pennsylvania and Utah, declared a prevention week or months in February. This bill seeks to address a very important safety issue that pupils should have the opportunity to learn about. TDV is a serious threat that can have immediate and long-lasting effects on teens and one can argue that schools should provide an opportunity for pupils to learn about the threats, the risks and resources available to them. This bill seeks to address the issue by authorizing school districts to provide information and instruction about prevention of TDV, and formalizing the role of schools in raising awareness of the issue. However, this Committee may wish to consider whether in its current form, this bill will yield the benefits that it seeks to offer pupils. The author states, "Domestic violence is a social cancer that corrodes our society at its very core without discrimination of any kind. Families affected by domestic violence will continue to struggle if we, as a community, fail to set a new path for SB 1300 Page 13 our future generations. Teen dating violence is a limb of domestic violence. It is up to us, as a community, to provide a 'domestic violence free' society to our future generations." Arguments in support : The California Teachers Association writes, "SB 1300 encourages students to develop healthy relationships and behaviors and provides students with information to prevent and respond to teen dating violence which affects the quality of life of students including academic performance and the safety of school campuses." Arguments in opposition : The California Partnership to End Domestic Violence, Peace Over Violence, and Break the Cycle write a joint letter stating an "oppose unless amended" position on this bill, and they write, "We are concerned that: The references to sexual health education and the parental notification/op-out provisions in SB 1300 inaccurately equate TDV prevention education with sexual health education. They will likely have a chilling effect among many school districts and result in a decrease in the number of schools that elect to provide TDV prevention education. Sections 32232, 32233 (c) 6-8 and 32234 legislate TDV in a manner that is inconsistent with other forms of violence prevention education. These Sections silo TDV prevention education from other forms of violence prevention education while equating it with sex education." Prior legislation : AB 589 (Levine) of 2007 requires school districts to develop policies, procedures, and training for school employees regarding the prevention of teen dating violence and sexual violence. AB 589 was held in the Assembly Appropriations Committee. AB 506 (Monta?ez) of 2005 requires each school district to establish a policy and protocol, as specified, for dealing with incidents of teen dating violence involving middle school and high school students. AB 506 was held in the Assembly Appropriations Committee. AB 558 (Jackson) of 2000 authorizes age-appropriate instruction in domestic violence prevention in grades 1-12 and requires the California Department of Education to identify and distribute information and a model curriculum to school districts and SB 1300 Page 14 county offices of education. AB 558 was vetoed by Governor Davis, with the following veto message: "While I am supportive of efforts to reduce domestic violence, I cannot support this bill for the following reasons. Existing law already requires instruction in the principles and practices of individual, family, and community health. In addition, if districts chose to provide such instruction this bill could result in redirections of up to $7 million away from core academic programs. Any such issues should be addressed through the annual Budget Act. Finally, this bill contains no provision for parents to exempt their children from this instruction if they so choose." AB 578 (Honda) of 2000 requires the Superintendent of Public Instruction to develop training standards for teachers on domestic violence and sexual assault recognition and appropriate prevention responses, and stipulates that the use of these standards as optional for school districts. AB 578 was held in the Senate Appropriations Committee. REGISTERED SUPPORT / OPPOSITION : Support American Congress of Obstetricians and Gynecologists California State Sheriffs' Association California Teachers Association Crime Victims United Junior Leagues of California State Public Affairs Committee Physicians for Reproductive Choice and Health Planned Parenthood Affiliates of California (If Amended) Planned Parenthood Los Angeles Advocacy Project (If Amended) Planned Parenthood Mar Monte (If Amended) Planned Parenthood of Orange and San Bernardino Counties (If Amended) Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo Counties (If Amended) Planned Parenthood Shasta-Diablo Action Fund (If Amended) San Francisco Unified School District Six Rivers Planned Parenthood (If Amended) Violence Prevention Coalition of Orange County Individuals (If Amended) Opposition SB 1300 Page 15 Asian Women's Shelter (Unless Amended) Break the Cycle (Unless Amended) California Partnership to End Domestic Violence (Unless Amended) Domestic Violence and Sexual Assault Coalition (Unless Amended) Family Violence Law Center (Unless Amended) Gay-Straight Alliance Network (Unless Amended) Human Options (Unless Amended) Human Options Center for Children and Families (Unless Amended) Humbolt Domestic Violence Services (Unless Amended Mental Health America of Northern California (Unless Amended) Next Door Solutions to Domestic Violence (Unless Amended) Option House Inc. (Unless Amended) Our Family Coalition (Unless Amended) Peace Over Violence (Unless Amended) PreventionWORKS (Unless Amended Su Casa Ending Domestic Violence (Unless Amended) The Trevor Project (Unless Amended) Tri-Valley Haven (Unless Amended) Walnut Avenue Women's Center (Unless Amended) Wild Iris (Unless Amended) Woman Inc. (Unless Amended) Women Shelter of Long Beach (Unless Amended) Women's Law Center (Unless Amended) Individuals (Unless Amended) Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087