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