Amended in Senate April 8, 2015

Senate Bill No. 695

Introduced by Senators De León and Jackson

February 27, 2015

An act to add begin delete Section end delete begin insert Sections 33544 and end insert 51225.36 to the Education Code, relating to school curriculum.

LEGISLATIVE COUNSEL’S DIGEST

SB 695, as amended, De León. School curriculum: health education: sexual begin delete assault end delete begin insert harassment end insert and violence instruction.

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Existing law requires the Instructional Quality Commission, during the next revision of the publication “Health Framework for California Public Schools,” to consider including a distinct category on sexual abuse and sex trafficking prevention education, as specified.

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This bill would require the commission to consider including a distinct category for grades 9 to 12, inclusive, on sexual harassment and violence, as specified, when that health framework is next revised after January 1, 2016. The bill would require the commission, if the commission includes a sexual harassment and violence category in the health framework, to comply with specified conditions.

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Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements.

This bill would require the governing board of a school district that has elected to require its pupils to complete a course in health education for graduation from high school to include instruction in sexual assault and violence, as begin delete specified. end delete begin insert specified, and ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 33544 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 33544. end insert   

(a) When the “Health Framework for California Public
Schools” (health framework) is next revised after January 1, 2016,
the commission shall consider including a distinct category for
grades 9 to 12, inclusive, on sexual harassment and violence that
includes, but is not limited to, all of the following:

(1) Information on different forms of sexual harassment and
violence, including instances that occur among peers and in a
dating relationship; a discussion of prevention strategies; how
pupils report sexual harassment and violence; and potential
resources victims can access.

(2) Discussion of the affirmative consent standard, as defined
in paragraph (1) of subdivision (a) of Section 67386, and skills
pupils use to establish boundaries in peer and dating relationships.

(3) Discussion of legal aspects of sexual harassment and
violence under state and federal law.

(b) If the commission includes a sexual harassment and violence
category in the health framework, the commission shall comply
with both of the following:

(1) Ensure information included in the 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 state curriculum.

(2) Consult with secondary health teachers and experts in sexual
harassment and violence curriculum.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 51225.36 is added to the Education Code, to
read:

51225.36.  

begin insert (a) end insert begin insert   end insert If the governing board of a school district
requires a course in health education for graduation from high
school, the governing board of the school district shall include
instruction in sexual assault and violence, including, but not limited
to, information on the affirmative consent standard, as defined in
paragraph (1) of subdivision (a) of Section 67386.

begin insert

(b) If the governing board of a school district provides
instruction pursuant to subdivision (a), the governing board of the
school district shall ensure teachers consult information related
to sexual harassment and violence in the Health Framework for
California Public Schools when delivering health instruction.

end insert