Amended in Senate May 27, 2014

Amended in Senate April 3, 2014

Senate Bill No. 1165

Introduced by Senators Mitchell and Block

February 20, 2014

An act to amend Sections 51930, 51931, 51936, 51937, 51938, and 51939 of, to add Section 51902 to, and to add Article 3.5 (commencing with Section 51934.5) to Chapter 5.6 of Part 28 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 1165, as amended, Mitchell. Pupil instruction: sexual abuse and sex trafficking prevention education.

Existing law requires the Instructional Quality Commission, during the next revision of the publication “Health Framework for California Public Schools,” to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health, as specified.

This bill would require the commission, during the next revision of that publication, to consider, develop, and recommend for adoption by the state board, a distinct category on sexual abuse and sex trafficking prevention education, as specified.

Existing law, the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act, authorizes school districts to provide comprehensive sexual health education, as defined, in kindergarten and grades 1 to 12, inclusive, and requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, unless the pupil is excused, as specified.

This bill would also authorize a school district to provide sexual abuse and sex trafficking prevention education, as begin delete defined, and would require a school district that elects to offer this instruction to ensure that each pupil receives the instruction at least once in junior high or middle school, and at least once in high school. end delete begin insert defined. end insert The bill would encourage school districts to collaborate with outside consultants with expertise in sexual abuse and sex trafficking prevention education in order to create school safety plans to address these issues. The bill would make conforming and nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 51902 is added to the Education Code,
to read:

51902.  

During the next revision of the publication “Health
Framework for California Public Schools” (health framework) the
Instructional Quality Commission shall consider, develop, and
recommend for adoption by the state board, a distinct category on
sexual abuse and sex trafficking prevention education that includes,
but is not limited to, all of the following:

(a) Information on different forms of sexual abuse and assault;
discussion of prevention strategies; how to report sexual abuse or
suspected sexual abuse; and local resources for victims.

(b) Discussion of healthy boundaries for relationships; how to
recognize potentially harmful and abusive relationships; and refusal
skills to overcome peer pressure and to avoid high-risk activities.

(c) Information on sex trafficking and risk factors; the recruiting
tactics of sex traffickers and peer recruiters, including recruitment
through the Internet; how to report sex trafficking or suspected
sex trafficking; and local resources for victims.

(d) Discussion of legal aspects of sexual abuse and sex
trafficking under state and federal laws.

(e) Discussion of how culture and mass media influence and
desensitize our perceptions of sexual abuse and sex trafficking,
including, but not limited to, stereotypes and myths about the
victims and abusers, victim blaming, and the role of language.
This instruction shall emphasize compassion for people who have
suffered from sexual abuse or sex trafficking, and support positive
reentry experiences for survivors returning to school.

SEC. 2.  

Section 51930 of the Education Code is amended to
read:

51930.  

(a) This chapter shall be known and may be cited as
the California Comprehensive Sexual Health and HIV/AIDS
Prevention Education Act.

(b) The purposes of this chapter are as follows:

(1) To provide a pupil with the knowledge and skills necessary
to protect his or her sexual and reproductive health from unintended
pregnancy and sexually transmitted diseases.

(2) To encourage a pupil to develop healthy attitudes concerning
adolescent growth and development, body image, gender roles,
sexual orientation, dating, marriage, and family.

(3) To provide a pupil with the knowledge and skills necessary
to protect himself or herself from sexual abuse and sex trafficking.

SEC. 3.  

Section 51931 of the Education Code is amended to
read:

51931.  

For the purposes of this chapter, the following
definitions apply:

(a) “Age appropriate” refers to topics, messages, and teaching
methods suitable to particular ages or age groups of children and
adolescents, based on developing cognitive, emotional, and
behavioral capacity typical for the age or age group.

(b) “Comprehensive sexual health education” means education
regarding human development and sexuality, including education
on pregnancy, family planning, and sexually transmitted diseases.

(c) “Sexual abuse and sex trafficking prevention education”
means instruction on the prevalence and nature of sexual abuse
and sex trafficking, strategies to reduce their risk, and how to safely
report an incident.

(d) “English learner” means a pupil as described in subdivision
(a) of Section 306.

(e) “HIV/AIDS prevention education” means instruction on the
nature of HIV/AIDS, methods of transmission, strategies to reduce
the risk of human immunodeficiency virus (HIV) infection, and
social and public health issues related to HIV/AIDS. For purposes
of this chapter, “HIV/AIDS prevention education” is not
comprehensive sexual health education.

(f) “Instructors trained in the appropriate courses” means
instructors with knowledge of the most recent medically accurate
research on human sexuality, pregnancy, and sexually transmitted
diseases, and the knowledge of essential concepts on preventing
sexual abuse and sex trafficking.

(g) “Medically accurate” means verified or supported by
research conducted in compliance with scientific methods and
published in peer-reviewed journals, where appropriate, and
recognized as accurate and objective by professional organizations
and agencies with expertise in the relevant field, such as the federal
Centers for Disease Control and Prevention, the American Public
Health Association, the American Academy of Pediatrics, and the
American College of Obstetricians and Gynecologists.

(h) “School district” includes county boards of education, county
superintendents of schools, the California School for the Deaf, and
the California School for the Blind.

SEC. 4.  

Article 3.5 (commencing with Section 51934.5) is
added to Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Article 3.5.  Sexual Abuse and Sex Trafficking Prevention
Education

 

51934.5.  

(a) A school district may provide sexual abuse and
sex trafficking prevention education.

begin delete

(b) If a school district provides sexual abuse and sex trafficking
prevention education, it shall ensure that the education is from
instructors trained in the appropriate courses. The school district
shall also ensure that each pupil receives this instruction at least
once in junior high or middle school, and at least once in high
school.

(c) Sexual abuse and sex trafficking prevention education,
whether taught by school district personnel or outside consultants,
shall satisfy all of the criteria set forth in paragraphs (1) to (6),
inclusive, of subdivision (b) of, and paragraphs (1) and (2) of
subdivision (d) of, Section 51933.

(d) Instruction and materials shall include the following:

(1) Information on different forms of sexual abuse and assault;
discussion of prevention strategies; how to report sexual abuse or
suspected sexual abuse; and local resources for victims.

(2) Discussion of healthy boundaries for relationships; how to
recognize potentially harmful and abusive relationships; and refusal
skills to overcome peer pressure and to avoid high-risk activities.

(3) Information on sex trafficking and risk factors; the recruiting
tactics of sex traffickers and peer recruiters, including recruitment
through the Internet; how to report sex trafficking or suspected
sex trafficking; and local resources for victims.

(4) Discussion of legal aspects of sexual abuse and sex
trafficking under state and federal laws.

(5) Discussion of how culture and mass media influence and
desensitize our perceptions of sexual abuse and sex trafficking,
including, but not limited to, stereotypes and myths about the
victims and abusers, victim blaming, and the role of language.
This instruction shall emphasize compassion for people who have
suffered from sexual abuse or sex trafficking, and support positive
reentry experiences for survivors returning to school.

end delete begin delete

(e)

end delete

begin insert (b) end insert  The department may begin delete develop end delete begin insert develop, and make available
to school districts on the department’s Internet Web site, end insert model
curricula on sexual abuse and sex trafficking prevention begin delete education
available to school districts on the department’s Internet Web site. end delete
begin insert education. end insert The department may include a guide for parents on its
Internet Web site.

51934.6.  

(a) A school district is encouraged to collaborate
with outside consultants with expertise in sexual abuse and sex
trafficking prevention education in order to create a school safety
plan to address the threat of sexual abuse and sex trafficking.

(b) A school district is encouraged to collaborate with law
enforcement on a referral protocol for high-risk pupils and minors.

(c) In-service training may be conducted periodically to enable
school district personnel to learn new developments in the
understanding of sexual abuse and sex trafficking, and to receive
instruction on current prevention efforts and methods. A school
district is encouraged to include training on early identification
and mandated reporting of sexual abuse and sex trafficking of
pupils and minors.

SEC. 5.  

Section 51936 of the Education Code is amended to
read:

51936.  

A school district may contract with outside consultants
with expertise in comprehensive sexual health education,
HIV/AIDS prevention education, or sexual abuse and sex
trafficking prevention education, including those who have
developed multilingual curricula or curricula accessible to persons
with disabilities, to deliver the instruction or to provide training
for school district personnel.

SEC. 6.  

Section 51937 of the Education Code is amended to
read:

51937.  

It is the intent of the Legislature to encourage pupils
to communicate with their parents or guardians about human
sexuality, HIV/AIDS, sexual abuse, and sex trafficking, and to
respect the rights of parents or guardians to supervise their
children’s education on these subjects. The Legislature intends to
create a streamlined process to make it easier for parents and
guardians to review materials and evaluation tools related to
comprehensive sexual health education, HIV/AIDS prevention
education, and sexual abuse and sex trafficking prevention
education, and, if they wish, to excuse their children from
participation in all or part of that instruction or evaluation. The
Legislature recognizes that while parents and guardians
overwhelmingly support medically accurate, comprehensive sex
education, parents and guardians have the ultimate responsibility
for imparting values regarding human sexuality to their children.

SEC. 7.  

Section 51938 of the Education Code is amended to
read:

51938.  

A parent or guardian of a pupil has the right to excuse
begin delete their end delete begin insert his or her end insert child from all or part of comprehensive sexual
health education, HIV/AIDS prevention education, sexual abuse
and sex trafficking prevention education, and assessments related
to that education, as follows:

(a) At the beginning of each school year, or, for a pupil who
enrolls in a school after the beginning of the school year, at the
time of that pupil’s enrollment, each school district shall notify
the parent or guardian of each pupil about instruction in
comprehensive sexual health education, HIV/AIDS prevention
education, and sexual abuse and sex trafficking prevention
education, and research on pupil health behaviors and risks planned
for the coming year. The notice shall do all of the following:

(1) Advise the parent or guardian that the written and audiovisual
educational materials used are available for inspection.

(2) Advise the parent or guardian whether the comprehensive
sexual health education, HIV/AIDS prevention education, or sexual
abuse and sex trafficking prevention education will be taught by
school district personnel or by outside consultants. A school district
may provide this instruction through outside consultants, and may
hold an assembly to deliver this instruction by guest speakers, but
if the school district elects to provide this instruction in any of
these manners, the notice shall include the date of the instruction,
the name of the organization or affiliation of each guest speaker,
and information stating the right of the parent or guardian to request
a copy of this section, and Sections 51933, 51934, and 51934.5.
If arrangements for this instruction are made after the beginning
of the school year, notice shall be made by mail or another
commonly used method of notification, no fewer than 14 days
before the instruction is delivered.

(3) Include information explaining the parent’s or guardian’s
right to request a copy of this chapter.

(4) Advise the parent or guardian that the parent or guardian
may request in writing that his or her child not receive instruction
pursuant to this chapter.

(b) Notwithstanding Section 51513, anonymous, voluntary, and
confidential research and evaluation tools to measure pupils’ health
behaviors and risks, including tests, questionnaires, and surveys
containing age-appropriate questions about the pupil’s attitudes
concerning or practices relating to sex may be administered to any
pupil in grades 7 to 12, inclusive, if the parent or guardian is
notified in writing that this test, questionnaire, or survey is to be
administered and the pupil’s parent or guardian is given the
opportunity to review the test, questionnaire, or survey and to
request in writing that his or her child not participate.

(c) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (a) is within the discretion of the
school district.

SEC. 8.  

Section 51939 of the Education Code is amended to
read:

51939.  

(a) A pupil may not attend any class in comprehensive
sexual education, HIV/AIDS prevention education, or sexual abuse
and sex trafficking prevention education, or participate in any
anonymous, voluntary, and confidential test, questionnaire, or
survey on pupil health behaviors and risks, if the school has
received a written request from the pupil’s parent or guardian
excusing the pupil from participation.

(b) A pupil may not be subject to disciplinary action, academic
penalty, or other sanction if the pupil’s parent or guardian declines
to permit the pupil to receive instruction pursuant to this chapter,
or to participate in anonymous, voluntary, and confidential tests,
questionnaires, or surveys on pupil health behaviors and risks.

(c) While instruction pursuant to this begin delete chapter, or end delete begin insert chapter or an end insert
anonymous, voluntary, and confidential test, questionnaire, or
survey on pupil health behaviors and risks is being administered,
an alternative educational activity shall be made available to pupils
whose parents or guardians have requested that they not receive
the instruction or participate in the test, questionnaire, or survey.