BILL ANALYSIS Ó
SB 1165
PageA
Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 1165 (Mitchell) - As Amended: May 27, 2014
SENATE VOTE : 37-0
SUBJECT : Pupil instruction: sexual abuse and sex trafficking
prevention education
SUMMARY : Requires the Instructional Quality Commission (IQC)
to consider including, in the next revision of the Health
Frameworks, a distinct category on sexual abused and sex
trafficking prevention, encourages school districts to take
specified actions to prevent sexual abuse and sex trafficking,
and encourages the California Department of Education (CDE) to
develop model curricula on sexual abuse and sex trafficking
prevention education. Specifically, this bill :
1)Defines "sexual abuse and sex trafficking prevention
education" to mean instruction on the prevalence and nature of
sexual abuse and sex trafficking, strategies to reduce their
risk, and how to safely report an incident.
2)Amends the definition of "instructors trained in the
appropriate courses" to include instructors with knowledge of
essential concepts on preventing sexual abuse and sex
trafficking.
3)Requires the IQC, during the next revision of the publication
"Health Framework for California Public Schools," to consider,
develop, and recommend for adoption by the State Board of
Education (SBE), a distinct category on sexual abuse and sex
trafficking prevention education that includes specified
information.
4)Permits a school district to provide sexual abuse and sex
trafficking prevention education.
SB 1165
PageB
5)Permits the CDE to develop, and make available to school
districts on the CDE's Internet Web site, model curricula on
sexual abuse and sex trafficking prevention education and
permits the CDE to include a guide for parents on its Internet
Web site.
6)Encourages school district 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.
7)Encourages school district to collaborate with law enforcement
on a referral protocol for high-risk pupils and minors.
8)Allows in-service training to 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.
9)Permits school districts to include training on early
identification and mandated reporting of sexual abuse and sex
trafficking of pupils and minors.
10)Permits a school district to contract with outside
consultants with expertise in sexual abuse and sex trafficking
prevention education to deliver the instruction or to provide
training for school district personnel.
11)Expresses the intent of the Legislature to encourage pupils
to communicate with their parents or guardians about sexual
abuse, and sex trafficking.
12)Expresses the intent of the Legislature to create a
streamlined process to make it easier for parents and
guardians to review materials and evaluation tools related to
abuse and sex trafficking prevention education, and, if they
wish, to excuse their children from participation in all or
SB 1165
PageC
part of that instruction or evaluation.
13)Permits a parent or guardian to excuse his/her child from
receiving instruction on all or part of sexual abuse and sex
trafficking prevention education, as specified.
14)Extends the provisions that protect a student from
participating in confidential test, questionnaire, or survey
on pupil health behaviors and risks is being administered and
protections against disciplinary action, academic penalty, or
other sanction for not participating in comprehensive sexual
education and HIV/AIDS prevention education to instruction in
sexual abuse and sex trafficking prevention education.
EXISTING LAW
1)Establishes the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act, and articulates the two
primary purposes of this act:
To provide a pupil with the knowledge and skills
necessary to protect his or her sexual and reproductive
health from unintended pregnancy and STDs; and
To encourage a pupil to develop healthy attitudes
concerning adolescent growth and development, body image,
gender roles, sexual orientation, dating, marriage, and
family.
1)Requires, pursuant to the California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act, HIV/AIDS
prevention education be taught once in middle school and once
in high school,
2)Requires, pursuant to the California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act, that if
comprehensive sexual health education is taught, the local
SB 1165
PageD
educational agency (LEA) must satisfy specified criteria,
including the topics to be covered and the manner in which
such instruction must be provided.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this measure will have the following fiscal effects:
1)Health framework: Likely minor costs for the IQC to develop a
distinct category on sexual abuse and sex trafficking in the
state's health curriculum framework, at its next revision.
2)Model Curricula and Parent Guide: Significant cost pressure,
likely $40,000 - $90,000, for the CDE to collaborate with
subject matter experts and a writer to develop specified model
curricula and a parent guide.
COMMENTS :
Sex trafficking and sexual abuse education
According to the California Attorney General, sex trafficking is
"the act of forcing, coercing, or transporting a person for the
purpose of a commercial sex act. These crimes are primarily
committed against women and children."<1> Because trafficking
can involve school-age youth, preventive education is critical.
The children at risk are not just high school students-pimps or
traffickers are known to prey on victims as young as 9.
Traffickers may target minor victims through social media
websites, telephone chat-lines, after-school programs, at
shopping malls and bus depots, in clubs, or through friends or
acquaintances who recruit students on school campuses. Those
youth who are involved in challenging family situations are
extraordinarily vulnerable.<2>
---------------------------
<1> http://oag.ca.gov/human-trafficking/what-is . Accessed on
June 13, 2014.
<2>
http://www2.ed.gov/about/offices/list/oese/oshs/factsheet.html
Accessed on June 13, 2014.
SB 1165
PageE
The magnitude of sexual abuse and sex trafficking is staggering.
According to the United States Department of State, about
40,000 of the estimated 27 million trafficking victims worldwide
have been identified. This includes the up to 17,500 people that
are trafficked to the United States every year. In the United
States alone there are an estimated more than 100,000 children
currently being exploited in the sex trade, and the overwhelming
majority of these victims, more than 80 percent, are U.S.
citizens.<3> While Congress and California's legislature are
taking steps to protect youth from sex trafficking,<4> unless we
work to educate our children so that they can also protect
themselves, those national and state efforts may be in vain.
Sexual abuse, including the subset of sex trafficking, is
similarly shocking. In 2012, an estimated 686,000 children were
victims of abuse and neglect nationwide, with approximately 10%
of these victims suffering sexual abuse.<5> and <6> These
numbers do not include those instances of abuse that go
unreported. The National Center for Victims of Crime estimates
that 1 in 5 girls and 1 in 20 boys is a victim of child sexual
abuse.<7> Prevention education is an important piece of
stopping this epidemic.
California Curriculum
California curriculum is based on content standards that are
developed by the IQC (also referenced in statute as the
"commission") and approved by the SBE. The curriculum
frameworks are guidelines for implementing these standards. The
IQC is an 18-member commission consisting of one member of the
Assembly, one member of the Senate, and 16 public members. At
least seven of the public members must have taught, written, or
---------------------------
<3>
http://blogs.kqed.org/newsfix/2014/01/12/bay-area-leads-campaign-
against-human-trafficking . Accessed June 15, 2014.
<4>
http://www.cnn.com/2014/05/20/politics/sex-trafficking-bills/ .
Accessed June 15, 2014.
<5> https://www.childwelfare.gov/pubs/factsheets/canstats.pdf .
Accessed on June 15, 2014.
<6>
http://www.victimsofcrime.org/media/reporting-on-child-sexual-abu
se/child-sexual-abuse-statistics . Accessed on June 15, 2014.
<7>
http://www.victimsofcrime.org/media/reporting-on-child-sexual-abu
se/child-sexual-abuse-statistics . Accessed on June 15, 2014.
SB 1165
PageF
lectured on the subject areas required for graduation. The
Health Academic Content Standards for Kindergarten through grade
12, were adopted by the SBE in March, 2008. Health Frameworks
were adopted prior to these standards, but are no longer
considered current, as they are not aligned to the adopted
standards. A review and update of this framework was underway
when the state suspended the process on July 28, 2009 due to
fiscal constraints. The SBE is specifically prohibited from
reviewing frameworks and adopting instructional materials until
the 2015-16 school year.
Model Curriculum
On multiple occasions the Legislature has asked the CDE, SPI,
and/or SBE to develop model curriculum for use in California's
classrooms. Model curriculum is designed to give classroom
instructors ready access to comprehensive and accurate
information that can be used to build engaging lessons for any
classroom. For example, in 2000, the CDE published a
standards-based model curriculum on the life and work of Cesar
Chavez. This curriculum is published on the CDE's Internet Web
site and provides biographies, pictures, and other resources to
help teachers prepare lessons for Kindergarten and grades 1 -
12.
Existing model curriculum published by the CDE is based on
adopted state content standards. Because any model curriculum
developed or identified for sexual trafficking will only be
based on the existing Health Academic Content Standards, which
do not, specifically mention sex trafficking, staff recommends
allowing the SPI to identify existing resources that can be
accessed by teachers and instructors to guide their classroom
instruction.
Staff Recommendations
Staff recommends the following amendments:
1)Non-substantive amendments that make the language requiring
the IQC to consider including a distinct category on sexual
abuse and sexual trafficking in the Health Framework
consistent with the language passed by this committee in
similar bills when requiring the IQC to consider specified
content or topics.
2)Delete all language that amends the HIV/AIDS Prevention
Education Act.
3)Add a new chapter titled "Sexual Abuse and Sex Trafficking
Prevention Education." This chapter will include much of the
SB 1165
PageG
language from the existing language, including the following:
a) Permission for a school district to provide sexual abuse
and sex trafficking prevention education.
b) A definition of "sexual abuse and sex trafficking
prevention education."
c) The rights of a parent or guardian of a pupil to excuse
his or her child from all or part of sexual abuse and sex
trafficking prevention education, and assessments related
to that education.
d) The option of the CDE to make available on its Internet
Web site resources on sexual abuse and sex trafficking
prevention for professional learning purposes, and relevant
materials for parents.
e) Encouragement for a school district to collaborate with
law enforcement on intervention programs for high-risk
pupils and minors.
f) The option for school districts to conduct periodic
in-service 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.
1)Relocate the provisions of this bill relating to a school
safety plan to Title II, Part 27, Chapter 8 of the Education
Code which governs pupil safety and adds that a school
district is encouraged to collaborate with law enforcement in
order to create the school safety plan.
2)Makes technical and non-substantive changes to these sections.
Previous Legislation
SB 330 (Padilla), Chapter 481, Statutes of 2013, requires,
during the next revision of the publication "Health Framework
for California Public Schools," the IQC to consider developing,
and recommending for adoption by the SBE, a distinct category on
mental health instruction, as described, to educate pupils about
all aspects of mental health. This bill passed out of the
Assembly Education Committee by a vote of 7-0.
REGISTERED SUPPORT / OPPOSITION :
SB 1165
PageH
Support
American Association of University Women
California School Boards Association
California State Sheriffs' Association
California Statewide Law Enforcement Association
California Teachers Association
City of Compton Mayor, Aja Brown
Compton Unified School District, Board of Trustees President,
Micah Ali
Junior League of San Diego
National Association of Social Workers, California Chapter
Planned Parenthood Affiliates of California
Opposition
None on file
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087