BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 695 (De León) - School curriculum: health education: sexual harassment and violence instruction ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 22, 2015 |Policy Vote: ED. 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 4, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill 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 harassment and violence, and requires the Instructional Quality Commission (Commission), during the next revision of the health framework, to consider including a distinct category for grades 9 through 12 on sexual harassment and violence. Fiscal Impact: Commission: To include sexual harassment and violence in the health framework, the California Department of Education (CDE) estimates the costs to be about $65,000 General Fund for contracting with experts, and additional, likely minor costs, to incorporate the additional content in the next revision of the health framework. SB 695 (De León) Page 1 of ? Local costs: To the extent school districts require completion of a health education course to graduate, these school districts are required to include instruction in sexual harassment and violence and ensure that teachers consult the health framework when delivering this instruction, which could drive significant additional Proposition 98 General Fund costs. Additional unknown costs will be incurred for the school district to ensure that teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction. Background: Current law requires the Commission, during the next revision of the health curricular framework, to consider including a distinct category on sexual abuse and sex trafficking prevention education that includes content on prevention and reporting strategies, 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. (Education Code § 33545) Current law 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. The policy must include, among other things, an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. "Affirmative consent" is defined under current law as affirmative, conscious, and voluntary agreement to engage in sexual activity. (Education Code § 67386) Current law establishes minimum requirements for graduation from the state's public high schools. Some of these requirements include passing the California High School Exit Exam and completing courses in various subject areas for a specified length of time, such as three years of English and two years of mathematics. Current law also authorizes school districts to impose additional coursework requirements as a condition of graduation from high school. (Education Code § 60851, § 51225.3, and § 51224.5) Academic content standards define the knowledge, concepts and skills that pupils should learn at each grade level. Curriculum SB 695 (De León) Page 2 of ? frameworks serve as a blueprint for how to implement the standards and provide guidance to publishers, along with evaluation criteria, for the development of instructional materials. The role of the Commission is to recommend curriculum frameworks to the State Board of Education (SBE); develop criteria for evaluating instructional materials; study, evaluate and recommend to the SBE instructional materials for adoption; and make recommendations to the SBE regarding the use of frameworks and model curriculum, and alignment with the academic content standards. Proposed Law: This bill requires that when the health curriculum framework is next revised, the Commission consider including a distinct category for grades 9 through 12 on sexual harassment and violence that includes various components, including: (1) information on different forms of sexual harassment and violence, preventative strategies, reporting strategies for students, and resources students can access; (2) the affirmative consent standard and skills students can use to set boundaries in relationships; and (3) legal aspects under state and federal law. If the Commission includes this category in the framework, this bill requires the Commission to ensure that the 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. In addition, if a school district requires a course in health education for graduation, the school district must include instruction in sexual harassment and violence, including information on the affirmative consent standard. Finally, the school district must ensure teachers consult information related to sexual harassment and violence in the health framework when delivering health instruction. Related Legislation:1. SB 592 (Leyva) requires, among other things, school districts to provide educational programs that promote healthy relationships and prevent adolescent relationship abuse to students in grades 6 through 12 and requires CDE to provide information for use by schools. SB 592 is pending in this committee. AB 1857 (Fong, 2012), AB 1880 (Lara, 2012), and AB 1373 (Fong, 2011) all relate to either providing education programs to promote SB 695 (De León) Page 3 of ? healthy relationships and to prevent teen dating violence or including related information in school safety plans. These bills were held in the Assembly Appropriations Committee. Staff Comments: 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 harassment and violence, as specified. Because completion of a health education course is not a state requirement for graduation, additional costs at the local level imposed by this bill would not be reimbursable under state mandate law. -- END --