BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 695| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 695 Author: De León (D) and Jackson (D) Amended: 8/31/15Vote: 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. SB 695 Page 2 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, SB 695 Page 3 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) SB 695 Page 4 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) SB 695 Page 5 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 SB 695 Page 6 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. SB 695 Page 7 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, SB 695 Page 8 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 **** END ****