BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 695|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 695
Author: De León (D) and Jackson (D)
Amended: 4/22/15
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 4/15/15
AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: School curriculum: health education: sexual
harassment and violence instruction
SOURCE: Author
DIGEST: 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, during the next revision of the Health framework, to
consider including a distinct category for grades 9-12 on sexual
harassment and violence.
ANALYSIS:
Existing law:
Sexual harassment
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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.
(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)
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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 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. 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 (IQC), 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. 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)
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High school graduation requirements
8) Requires a student to pass both the English language 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. (EC § 60851, §
51225.3, and § 51224.5)
9) Authorizes school districts to impose additional coursework
requirements as a condition of graduation from high school.
(EC § 51225.3 and § 51224.5)
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 harassment
and violence, including but not limited to, information on the
affirmative consent standard.
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.
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3)Requires the 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 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.
Comments
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. Existing
law authorizes sexual abuse and sex trafficking prevention
education, but existing law is silent with regard to instruction
in sexual harassment and violence.
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
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to either sexual harassment or sexual violence.
This bill requires the IQC, 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
existing 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 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.
Parental opt-out. Existing 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. Existing 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. Existing 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
1)To include sexual harassment and violence in the health
framework, the California Department of Education 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
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health framework.
2)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.
SUPPORT: (Verified5/28/15)
Association of California School Administrators
Berkeley City Council
California State PTA
California Teachers Association
National Association of Social Workers, California Chapter
Peace Officers Research Association of California
OPPOSITION: (Verified5/28/15)
California Right to Life Committee
ARGUMENT IN SUPPORT:According to the Association of California
School Administrators, "it is important to educate and inform
our youth about healthy relationships and address the underlying
problems that lead to sexual assault and violence. We fully
support any initiative that provides tools and best practices to
help our students and believe that all students should have
access to this type of instruction to ensure that they are all
well-informed."
ARGUMENTS IN OPPOSITION: According to the California Right
to Life Committee, "this bill purports to counter sexual attacks
by students with appropriate training for high school pupils.
This is another non-academic subject forced on teachers and
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their students in an effort to mitigate a cultural problem. We
believe much of this sexual assault in today's culture is a lack
of respect for the individual which is a direct consequence of
the abortion culture. Young people have received, as from
osmosis, an understanding that one's individual life has little
value when one's own mother can destroy it."
Prepared by:Lynn Lorber / ED. / (916) 651-4105
5/31/15 12:42:19
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