SB 695 Senate Bill - Bill Analysis

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

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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