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
          
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          |Version: April 22, 2015         |Policy Vote: ED. 8 - 0          |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 4, 2015       |Consultant: Jillian Kissee      |
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          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. 








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           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  








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          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  








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          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.



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