BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1435


                                                                    Page  1





          SENATE THIRD READING


          SB  
          1435 (Jackson)


          As Amended  August 4, 2016


          Majority vote


          SENATE VOTE:  30-3


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |5-1  |O'Donnell, McCarty,   |Kim                 |
          |                |     |Santiago, Thurmond,   |                    |
          |                |     |Weber                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-5 |Gonzalez, Bloom,      |Bigelow, Gallagher, |
          |                |     |Bonilla, Bonta,       |Jones, Obernolte,   |
          |                |     |Calderon, Daly,       |Wagner              |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood, Chau     |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 










                                                                    SB 1435


                                                                    Page  2





          SUMMARY:  Requires that when the health framework is next  
          revised after January 1, 2017, the Instructional Quality  
          Commission (IQC) consider including comprehensive information  
          for grades K-8 on the development of healthy relationships.   
          Specifically, this bill:


          1)Requires that, when the state health framework is next revised  
            after January 1, 2017, the IQC consider including  
            comprehensive, and age and developmentally appropriate  
            information for kindergarten through grade eight on the  
            development of healthy relationships.  Requires that this  
            information be consistent with the health education standards  
            adopted by the State Board of Education (SBE).
          2)Requires the IQC, should it include this content in the health  
            framework, to:


             a)   Ensure that information included in the health framework  
               is research-based and appropriate for students of all  
               races, genders, sexual orientations, gender identities, and  
               ethnic and cultural backgrounds.  States that this may  
               include reviewing other states' curricula


             b)   Consult with health teachers and educators with  
               expertise in curriculum for developing healthy  
               relationships


          3)Defines, for purposes of this act, the "development of healthy  
            relationships" to include:


             a)   Understanding the principles of treating one another  
               with respect, dignity, and kindness


             b)   Demonstrating the ability to use interpersonal  








                                                                    SB 1435


                                                                    Page  3





               communication skills to address and resolve disagreement  
               and conflict


             c)   Recognizing when and how to respond to dangerous or  
               other situations that may result in the bullying,  
               harassment, harming, or hurting of another person


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor/absorbable costs to the California Department  
          of Education.  The Budget Act of 2016 includes $362,000 in  
          one-time funds for the revision of the health framework,  
          editorial charges associated with the development of the science  
          framework, and the operational expenses of the IQC.  According  
          to the California Department of Education (CDE), the healthy  
          relationship topics required by this bill are already covered in  
          the health education content standards which are the foundation  
          for the health framework.


          EXISTING LAW:   


          1)Establishes the IQC as an advisory body to the SBE, and  
            authorizes it to study problems of courses of study in the  
            schools of the state, and, upon request of the SBE, recommend  
            the adoption of minimum standards for courses of study in  
            preschool, kindergarten, elementary, and secondary schools. 


          2)Requires the 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 include this content.  


          3)Requires the IQC, during the next revision of the health  








                                                                    SB 1435


                                                                    Page  4





            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.  


          COMMENTS:  


          Need for the bill.  The author's office states:  


               SB 1435 is the third in a series of measures to help  
               proactively address incidence of sexual harassment and  
               assault among children, adolescent teens, and young  
               adults. 


               In 2014, Senators de León and Jackson jointly authored SB  
               967 [Chapter 748] to establish an affirmative consent  
               standard at California's colleges and universities.  In  
               response to a growing number of reports and disturbing  
               statistics on sexual harassment and assault among young  
               adults, SB 967 was pursued to address the challenges  
               facing the state's college and universities in providing  
               safe learning environments. 


               In 2015, the state adopted SB 695 (De León /Jackson),  
               [Chapter 424] which required that the topic of sexual  
               harassment and sexual assault be taught in high schools  
               that require health as a requirement for graduation.   
               Recognizing that increasing awareness at the collegiate  
               level among young adults, although helpful, was only the  
               first step, SB 695 acknowledged that sexual harassment  
               and assault education and awareness had to be taught in  
               high school as a proactive effort to prevent these  
               incidents from occurring later in life. 








                                                                    SB 1435


                                                                    Page  5







               However, in the development of SB 695 it became clear  
               that starting earlier by providing opportunities in  
               elementary and middle school is needed to help children  
               learn how to develop healthy relationships, to help them  
               understand the virtue of treating one another with  
               respect and dignity.


          Health framework revision suspended due to recession, now  
          expected to be adopted in 2019.   The state's health framework  
          was last revised in 2003.  It does not reflect the state's  
          health content standards, which were adopted in 2008.  The CDE's  
          Web site notes that the sections on family living are  
          inconsistent with current law.


          Work on revising of the health framework was initiated in 2008.   
          In 2009 the state's fiscal emergency halted all work on  
          instructional materials adoptions and framework revisions until  
          the 2013-14 school year by AB 2 X4 (Evans) Chapter 2, Statutes  
          of 2009-10 Fourth Extraordinary Session.  That suspension was  
          later extended until the 2015-16 school year by SB 70 (Budget  
          and Fiscal Review Committee), Chapter 7, Statutes of 2011.  CDE  
          reports that the framework is now scheduled for adoption by the  
          SBE in 2019.


          The Budget Act of 2016 includes $362,000 in one-time funds for  
          the revision of the health framework, editorial charges  
          associated with the development of the science framework, and  
          the operational expenses of the IQC.  The Budget also includes  
          $135,000 for the CDE to contract with a researcher/writer with  
          expertise in sex trafficking and sexual abuse to draft a section  
          of the health framework for consideration by the IQC.  This  
          appropriation is related to SB 1165 (Mitchell), Chapter 713,  
          Statutes of 2014, which requires the IQC to consider including  
          sexual abuse and sex trafficking prevention education in the  








                                                                    SB 1435


                                                                    Page  6





          health framework when it is next revised.




          Analysis Prepared by:                                             
                          Tanya Lieberman / ED. / (916) 319-2087  FN:  
          0003955