BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 695|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 695
          Author:   De León (D) and Jackson (D)
          Amended:  8/31/15   
          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

           SENATE FLOOR:  39-0, 6/1/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Huff, Jackson, Lara,  
            Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,  
            Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Hueso

           ASSEMBLY FLOOR:  78-1, 9/2/15 - See last page for vote

           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 (IQC), during the next revision of the health  
          framework, to consider including comprehensive information for  
          grades 9-12 on sexual harassment and violence.








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          Assembly Amendments modify the requirement regarding the IQC, by  
          requiring the IQC to consider the inclusion of comprehensive  
          information rather than inclusion of a distinct category.

          ANALYSIS: 
          
          Existing 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.   
             (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,  








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                programs, or activities available at or through the  
                educational institution.  (EC § 212.5)

          Instruction

           4) 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)

           5) 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)

           6) 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)

           7) 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

           8) Requires the 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) 









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          Affirmative Consent

           9) 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)

           10)Defines "affirmative consent" as affirmative, conscious, and  
             voluntary agreement to engage in sexual activity.  (EC §  
             67386)

          High School Graduation Requirements

           11)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)









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           12)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.

           3) Requires the IQC, when next reviewing the health framework,  
             to consider including comprehensive information 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 comprehensive information  
             regarding sexual harassment and violence 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  








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                be limited to reviewing other state curriculum.  

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

          Background
          
          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  
          to either sexual harassment or sexual violence.  

          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.









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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Assembly Appropriations Committee:

           General Fund administrative costs to the California Department  
            of Education 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.

           Proposition 98/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  
            development for this new instruction.  Additional unknown  
            costs for school districts to ensure that teachers consult the  
            health framework when delivering health instruction. 


          SUPPORT:   (Verified9/2/15)


          None received


          OPPOSITION:   (Verified9/2/15)


          None received


           ASSEMBLY FLOOR:  78-1, 9/2/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,  
            Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley,  
            Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  








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            O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
           NOES: Gallagher
           NO VOTE RECORDED: Beth Gaines




          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          9/2/15 15:57:05


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