BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 695             
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          |Author:    |De León and Jackson                                  |
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          |Version:   |April 8, 2015                               Hearing  |
          |           |Date:    April 15, 2015                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  School curriculum:  health education:  sexual assault  
          and violence instruction

          NOTE:  This bill has been referred to the Committees on  
          Education and Appropriations.  ???.?A "do pass" motion should  
          include referral to the Committee on Appropriations.

            SUMMARY
          
          This bill requires school districts that require completion of a  
          course in health education as a condition of high school  
          graduation to include instruction in sexual assault and  
          violence, and requires the Instructional Quality Commission,  
          during the next revision of the Health framework, to consider  
          including a distinct category for grades 9-12 on sexual  
          harassment and violence. 

            BACKGROUND
          
          Current law:  

          Sexual harassment

             1.   States that it is the policy of the State of California  
               that all persons, regardless of their sex, should enjoy  
               freedom from discrimination of any kind in the educational  
               institutions of the state.  (Education Code § 231.5)

             2.   Requires each educational institution in the State of  
               California to have a written policy on sexual harassment.   







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               (EC § 231.5)

             3.   Defines "sexual harassment" as unwelcome sexual  
               advances, requests for sexual favors, and other verbal,  
               visual, or physical conduct of a sexual nature, made by  
               someone from or in the work or educational setting, under  
               any of the following conditions:

                  A.        Submission to the conduct is explicitly or  
                    implicitly made a term or a condition of an  
                    individual's employment, academic status, or progress.

                  B.        Submission to, or rejection of, the conduct by  
                    the individual is used as the basis of employment or  
                    academic decisions affecting the individual.

                  C.        The conduct has the purpose or effect of  
                    having a negative impact upon the individual's work or  
                    academic performance, or of creating an intimidating,  
                    hostile, or offensive work or educational environment.

                  D.        Submission to, or rejection of, the conduct by  
                    the individual is used as the basis for any decision  
                    affecting the individual regarding benefits and  
                    services, honors, programs, or activities available at  
                    or through the educational institution.  (EC § 212.5)

          Instruction

             1.   Requires school districts to ensure that all students in  
               grades 7-12 receive HIV/AIDS prevention education, as  
               specified, from instructors trained in the appropriate  
               courses.  Each student must receive this instruction at  
               least once in junior high or middle school and at least  
               once in high school.  (EC § 51934)

             2.   Authorizes school districts to provide comprehensive  
               sexual health education, as specified, consisting of  
               age-appropriate instruction, in any grade, using  
               instructors trained in the appropriate courses.  (EC §  
               51933)

             3.   Authorizes school districts to provide sexual abuse and  
               sex trafficking prevention education, including instruction  








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               on the prevalence and nature of sexual abuse and sex  
               trafficking, strategies to reduce their risk, techniques to  
               set healthy boundaries, and how to safely report an  
               incident.  (EC § 51950)

             4.   Provides that parents have the right to excuse their  
               child from all or part of comprehensive sexual health  
               education, HIV/AIDS prevention education, sexual abuse and  
               sex trafficking prevention education, and assessment  
               related to that education.  Current law requires school  
               districts to notify the parent of each student about  
               instruction in sexual health and HIV/AIDS prevention and  
               research on student health behaviors and risks planned for  
               the coming year.  
          (EC § 51938)

          Curriculum

             5.   Requires the Instructional Quality Commission, during  
               the next revision of the Health curricular framework, to  
               consider including content that includes 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.  (EC § 33545) 

          Affirmative consent

             6.   Requires the governing board of California's public and  
               private postsecondary institutions to adopt a policy  
               concerning sexual assault, domestic violence, dating  
               violence, and stalking involving a student, both on and off  
               campus.  Current law requires the policy to include, among  
               other things, an affirmative consent standard in the  
               determination of whether consent was given by both parties  
               to sexual activity.  (EC § 67386)

             7.   Defines "affirmative consent" as affirmative, conscious,  
               and voluntary agreement to engage in sexual activity.  (EC  
               § 67386)


          High school graduation requirements
          
             8.   Requires a student to pass both the English language  








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               arts and mathematics portions of the California High School  
               Exit Exam and complete the following courses as a condition  
               of graduating from high school:

                  A.        Three years of English.

                  B.        Two years of mathematics, one year of which  
                    must be Algebra I.

                  C.        Two years of science, including biological and  
                    physical sciences.

                  D.        Three years of social studies, including  
                    United States history and geography; world history,  
                    culture, and geography; one semester of American  
                    government and civics, and one semester of economics.

                  E.        One year of visual or performing arts, foreign  
                    language, or until July 1, 2017, career technical  
                    education.

                  F.        Two years of physical education.  
                    (Education Code § 60851, § 51225.3, and § 51224.5)

             9.   Authorizes school districts to impose additional  
               coursework requirements as a condition of graduation from  
               high school.  
          (Education Code § 51225.3 and § 51224.5)

            ANALYSIS
          
          This bill requires school districts that require completion of a  
          course in health education as a condition of high school  
          graduation to include instruction in sexual assault and  
          violence, and requires the Instructional Quality Commission,  
          during the next revision of the Health framework, to consider  
          including a distinct category for grades 9-12 on sexual  
          harassment and violence.  Specifically, this bill:

          1.   Requires the governing board of a school district, if the  
               district requires a course in health education for  
               graduation from high school, to include instruction in  
               sexual assault and violence, including but not limited to,  
               information on the affirmative consent standard. 








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          2.   Requires the governing board to ensure that teachers  
               consult information related to sexual harassment and  
               violence in the Health framework when delivering health  
               instruction.

          3.   Requires the Instructional Quality Commission (IQC), when  
               next reviewing the Health framework, to consider including  
               a distinct category for grades 9-12 on sexual harassment  
               and violence that includes but is not limited to all of the  
               following:

                    A.             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 students  
                    report sexual harassment and violence; and potential  
                    resources victims can access.

                    B.             Discussion of the affirmative consent  
                    standards and skills students use to establish  
                    boundaries in peer and dating relationships.

                    C.             Discussion of legal aspects of sexual  
                    harassment and violence under state and federal law.

          4.   Requires the Instructional Quality Commission (IQC), if it  
               includes a sexual harassment and violence category in the  
               Health framework, to comply with both of the following:

                    A.             Ensure information included in the  
                    framework is research-based and appropriate for  
                    students of all races, genders, sexual orientations,  
                    gender identities, and ethnic and cultural  
                    backgrounds.  This may include but not be limited to  
                    reviewing other state curriculum.  

                    B.             Consult with secondary health teachers  
                    and experts in sexual harassment and violence  
                    curriculum.

          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, "Given the  








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               statistics regarding the victimization of women between the  
               ages of 18-24, high school students are the most vulnerable  
               population and the importance of educating them early on  
               these issues is paramount to reducing the number of  
               incidents.  Many California high schools require health  
               education as a condition of graduation.  As part of this  
               education, students in grades 9-12 learn about the  
               importance of healthy relationships, how interpersonal  
               communication affects relationships, decision-making skills  
               to extract oneself from an unhealthy situation, and an  
               understanding of issues related to bullying, sexual  
               harassment and violence.  The next step in expanding these  
               education efforts is to discuss the issue of rape and  
               sexual violence with all high school students - male and  
               female."

          2.   Instruction.  This bill requires, if a school district  
               requires a course in health education for high school  
               graduation, to include instruction in sexual harassment and  
               violence.  Current law authorizes sexual abuse and sex  
               trafficking prevention education, but current law is silent  
               with regard to instruction in sexual harassment and  
               violence.  

          3.   Health standards and framework.  The Health standards  
               currently include limited references to sexual harassment  
               and sexual violence but do not reference the affirmative  
               consent standard.  The Health framework does not appear to  
               include any references to either sexual harassment or  
               sexual violence.  

          This bill requires the Instructional Quality Commission, during  
               the next revision of the Health framework, to consider  
               including a distinct category for grades 9-12 on sexual  
               harassment and violence.  The creation of a distinct  
               category within a framework is consistent with current law  
               relative to the development of a distinct category on  
               mental health instruction, and a category on sex abuse and  
               sex trafficking within the Health framework.  

          The State Board of Education adopted the Health framework in  
               2003, and adopted the Health content standards in March of  
               2008.  The Health framework was scheduled for review in  
               2011 but the entire process to revise the frameworks and  








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               adopt instructional materials was suspended beginning July  
               28, 2009.  There does not appear to be a specific plan for  
               the resumption of the process of reviewing and updating the  
               Health framework.  

          4.   Parental opt-out.  Current law authorizes school districts  
               to provide comprehensive sexual health education, and  
               requires school districts to ensure that all students  
               receive HIV/AIDS prevention education at least once in  
               junior high or middle school and at least once in high  
               school.  Current law provides for parental opt-out of all  
               of parts of HIV/AIDS prevention, sexual health, and sexual  
               abuse and sex trafficking prevention education.  Existing  
               parental opt-out provisions are specific to instruction  
               that references reproductive organs.  Current law does not  
               require options for parental opt-out for violence  
               prevention instruction.  This bill does not provide for a  
               parental opt-out, nor does it address instruction regarding  
               reproductive organs.

          5.   Clarifying and technical amendments.  This bill includes  
               several references to "sexual harassment" and one reference  
               to "sexual assault," including the requirement that health  
               courses required for high school graduation include  
               instruction in sexual assault and violence.  All references  
               should be to "sexual harassment."

          A.        On page 3, line 2, strike "assault" and insert  
               "harassment."

                  B.        On page 2, line 25, strike "state" and insert  
                    "states'."

          1.   Related and prior legislation 

          RELATED LEGISLATION

          SB 592 (Leyva) requires school districts to provide educational  
               programs that promote healthy relationships and prevent  
               adolescent relationship abuse to students in grades 6-12,  
               requires the Superintendent of Public Instruction to  
               provide information for use by schools, and requires school  
               safety plans to include procedures and policies to prevent  
               and respond to adolescent relationship abuse.  SB 592 is  








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               scheduled to be heard by this Committee on April 15.

          AB 329 (Weber, 2015) requires school districts to provide  
               comprehensive sexual health education to students in grades  
               7-12.  AB 329 is pending in the Assembly Education  
               Committee.

          AB 517 (Gallagher, 2015) places the condition of active parental  
               consent on the current authority for school districts to  
               provide comprehensive sexual health or 
               HIV/AIDS prevention education.  AB 517 failed passage in  
               the Assembly Education Committee on April 8.

               PRIOR LEGISLATION

               SB 967 (De Leon, Ch. 748, 2014) requires the governing  
               board of each community college district, the Trustees of  
               the California State University, the Regents of the  
               University of California, and the governing board of  
               independent postsecondary institutions to adopt a policy  
               concerning campus sexual violence, domestic violence,  
               dating violence and stalking that includes specified  
               components, including the affirmative consent standard.  

               AB 1857 (Fong, 2012) authorized school districts to provide  
               education programs to promote healthy relationships and  
               prevent teen dating abuse to pupils in grades 7-12, and  
               required the Superintendent of Public Instruction (SPI) to  
               provide model curriculum.  AB 1857 was held in the Assembly  
               Appropriations Committee.

               AB 1880 (Lara, 2012) required middle and high school safety  
               plans to include policies and procedures to prevent and  
               respond to teen dating abuse in grades 6-12.  AB 1880 was  
               held in the Assembly Appropriations Committee.

               AB 1373 (Fong, 2011) authorized school districts or the  
               county office of education to provide education programs to  
               promote healthy relationships and prevent teen dating  
               violence to pupils in grades 7-12, and required the SPI to  
               provide information to schools about model programs.  SB  
               1373 was held in the Assembly Appropriations Committee.

               SB 13 (Correa, 2011) and SB 1300 (Correa, 2010) would have  








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               required schools that elect to provide teen dating violence  
               prevention education to ensure that the instruction meets  
               certain criteria, and requires the State Board of Education  
               to incorporate teen dating violence and sexual violence  
               curriculum into the health curriculum framework.  This  
               instruction would have included components about,  
               inappropriate sexual behavior, sexual harassment, sexual  
               violence, and sexual assault.  Both bills included parental  
               notification and opt-out provisions.  Concerns were raised  
               about blending violence prevention education with sexual  
               health education, and the ability of parents to opt-out of  
               violence prevention education.  SB 13 failed passage in  
               this Committee, and SB 1300 failed passage in the Assembly  
               Education Committee.

            SUPPORT
          
          None received.

            OPPOSITION
           
           California Right to Life Committee

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