BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 695


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          SENATE THIRD READING


          SB  
          695 (De León and Jackson)


          As Amended  August 31, 2015


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |6-0  |O'Donnell, Chávez,    |                    |
          |                |     |Kim, McCarty,         |                    |
          |                |     |Santiago, Thurmond    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Nazarian, Eggman,     |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









                                                                     SB 695


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          SUMMARY:  Requires the Instructional Quality Commission (IQC) to  
          consider adding content to the health curriculum framework for  
          grades 9-12 on sexual harassment and violence, including the  
          affirmative consent standard, and requires school districts  
          which require a health course for graduation to provide  
          instruction on these topics.  Specifically, this bill:  


          1)Requires that, when the health curriculum framework is next  
            revised, the IQC consider including comprehensive information  
            on sexual harassment and violence for grades 9 to 12  that  
            includes:


             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 pupils report sexual harassment and  
               violence, and potential resources victims can access


             b)   Discussion of the affirmative consent standard and  
               skills pupils use to establish boundaries in peer and  
               dating relationships


             c)   Discussion of legal aspects of sexual harassment and  
               violence under state and federal law


          1)Requires that if the IQC includes comprehensive information on  
            sexual harassment and violence in the health framework, the  
            IQC:


             a)   Ensure that information included in the framework is  
               research-based and appropriate for pupils of all races,  
               genders, sexual orientations, gender identities, and ethnic  








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               and cultural backgrounds.  States that this activity may  
               include reviewing other states' curricula.


             b)   Consult with secondary health teachers and experts in  
               sexual harassment and violence curricula


          1)Requires that, if a school district requires a course in  
            health education for graduation from high school, the school  
            board:


             a)   Include instruction in sexual harassment and violence,  
               including information on the affirmative consent standard


             b)   Ensure that teachers consult information related to  
               sexual harassment and violence in the health framework when  
               delivering health instruction


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)General Fund administrative costs to the California Department  
            of Education (CDE) of approximately $65,000 for the IQC to  
            contract with at least two experts to advise the IQC on issues  
            of sexual harassment and violence for incorporation into the  
            health framework.  This represents total costs over a three to  
            four year period.  The health framework is currently scheduled  
            for revision in 2018. 


          2)Proposition 98 (1988)/General Fund cost pressure, potentially  
            in excess of $700,000, for school districts that currently  
            require health education as a graduation requirement to  
            provide instructional materials and associated professional  








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            development for this new instruction. Additional unknown costs  
            for school districts to ensure that teachers consult the  
            health framework when delivering health instruction. 


          EXISTING LAW:   


          1)Requires the IQC, during the next revision of the health  
            curriculum framework, to consider including content on sexual  
            abuse and sex trafficking prevention, 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.  


          2)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.  


          3)Defines "affirmative consent" as affirmative, conscious, and  
            voluntary agreement to engage in sexual activity.  States that  
            is the responsibility of each person involved in the sexual  
            activity to ensure that he/she has the affirmative consent of  
            the others to engage in the sexual activity, that lack of  
            protest or resistance does not mean consent, nor does silence  
            mean consent, and that affirmative consent must be ongoing  
            throughout the sexual activity and can be revoked at any time.  
             


          COMMENTS:  


          Need for this bill.  The author's office states:  "Given the  
          statistics regarding the victimization of women between the ages  








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          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."  


          Adolescence as a 'window of opportunity' for preventing sexual  
          violence.  According to the National Conference of State  
          Legislatures (NCSL), 22 states had laws pertaining to teen  
          dating violence (physical and sexual) as of 2014.  Many of these  
          laws require or encourage instruction in violence prevention as  
          part of health education, or require the development of  
          curriculum on this topic.  NCSL notes that destructive  
          relationships during the teen years are associated with lifelong  
          unhealthy relationship practices and other risk factors, and  
          that "adolescence is a 'window of opportunity' for prevention"  
          of sexual and physical violence.


          How many districts require a health course for graduation?   
          Based on information provided on school district Web sites, five  
          of the 10 largest school districts require a course in health  
          for graduation.  This includes the Los Angeles Unified School  
          District, the largest district in the state, which graduated  
          27,000 students in the 2013-14 school year.


          Current schedule for health framework revision.  California's  
          public school curriculum is based on content standards in  
          various subjects, including health.  These standards are  








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          developed by the IQC through a public process, and adopted by  
          the State Board of Education.  The content standards are the  
          basis for California's curriculum frameworks, documents which  
          guide the implementation of these standards and establish  
          criteria used to evaluate instructional materials. Curriculum  
          frameworks are revised and adopted on an eight-year cycle, and  
          instructional materials adoptions take place after new  
          frameworks are adopted.  Standards adoptions generally precede  
          the development of the frameworks.  According to the CDE, the  
          next revision of the health framework will be in 2018.  




          Analysis Prepared by:                                             
                          Tanya Lieberman / ED. / (916) 319-2087  FN:  
          0001874