BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                            John Vasconcellos, Chair
                           2001-2002 Regular Session
                                        

          BILL NO:       AB 819
          AUTHOR:        Jackson
          AMENDED:       April 30, 2001
          FISCAL COMM:   No             HEARING DATE:  July 11, 2001
          URGENCY:       No             CONSULTANT:Scott P. Plotkin


           SUBJECT  :  School Safety
          
           SUMMARY  

          This bill amends the Carl Washington School Safety and  
          Violence Prevention Act to add that schoolsites receiving  
          funds pursuant to the Act provide age-appropriate  
          instruction in domestic violence prevention, dating  
          violence prevention, and interpersonal violence prevention.

           NEED FOR THE BILL  

          The author notes that there is an ever-increasing need to  
          break the cycle of violence at an early age, and that  
          addressing the various aspects of domestic violence is an  
          important strategy in this regard.  Adding these elements  
          to the goals that must be met by schools that receive  
          School Safety funds will help meet this objective.

           BACKGROUND  

          1)   Existing law requires the State Department of  
               Education (SDE), through its Healthy Kids Resources  
               Center, to identify and distribute information to  
               public schools about programs or curricula on  
               self-reliance and safety that are designed to teach  
               students the skills and to help them develop the  
               self-esteem necessary to recognize and prevent child  
               endangerment, such as abduction, abuse, and neglect. 

          2)   Existing law requires that all California public  
               schools, in kindergarten, and grades one to twelve,  
               inclusive, develop a comprehensive school safety plan  
               that includes, but is not limited to:




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               a)        Assessing the current status of school crime  
                    committed on school campuses and at  
                    school-related functions.

               b)        Identifying appropriate strategies and  
                    programs that will provide or maintain a high  
                    level of school safety and address the school's 


               procedures for complying with existing laws related to  
                    school safety, which will include the development  
                    of all of the following: 

               c)        Child abuse reporting procedures, 

               d)        Disaster procedures, routing and emergency, 

               e)        Policies for pupils who committed an act  
                    leading to suspension, expulsion, or mandatory  
                    expulsion recommendations, 

               f)        A sexual harassment policy, 

               g)        The provisions of any school-wide dress code  
                    that prohibits pupils from wearing "gang-related  
                    apparel," if the school has adopted such a dress  
                    code.  For those purposes, the comprehensive  
                    school safety plan shall define "gang-related  
                    apparel" and enforce the dress code on the school  
                    campus and at any school-sponsored activity,

               h)        Procedures for safe ingress and egress of  
                    pupils, parent and school employees to and from  
                    school,

               i)        A safe and orderly environment on school  
                    discipline, and 

               j)        Rules and procedures on school discipline. 

          3)   Existing law also provides for the Carl Washington  
               School Safety and Violence Prevention Act, which  
               provides for a funding scheme with certain objectives,  
               and an allocation formula for eligible schools.





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          Funded with over $70 million in the current year and in the  
               proposed 2001 Budget Act, funds under the Carl  
               Washington Act are allocated to schools on the basis  
               of enrollment in grades 8 to 12, although they may be  
               distributed amongst any grade within the school  
               district.  However, because of the enrollment  
               allocation, elementary school districts that serve  
               grades K-7 do  not  receive any of these funds.  For two  
               straight years, the Legislature has attempted to  
               remedy this deficiency, but the extended allocation  
               for grades below grade 8 has been vetoed by the  
               Governor.

           ANALYSIS  

           This bill  amends the Carl Washington School Safety and  
          Violence Prevention Act to add that schoolsites receiving  
          funds pursuant to the Act provide age-appropriate  
          instruction in domestic violence prevention, dating  
          violence prevention, and interpersonal violence prevention.



           STAFF COMMENTS  

           1)   Need for the bill  .  The author contends, "Over the  
               past few years we have started to recognize and  
               address the problem of domestic violence as a public  
               health crisis.  While we have begun to recognize the  
               need to more severely punish those who commit violence  
               against women, we must also try to effect societal  
               change to reduce the incidence of domestic violence.   
               If we can reach children at an early age with the  
               message that domestic violence is never acceptable, we  
               will be able to break the cycle and greatly decrease  
               the number of families affected."

          "Domestic violence is a crime that endangers individuals  
               and families, causes injury or sometimes death and has  
               a devastating emotional, economic and societal cost.   
               As many as six million women are victims of domestic  
               violence in this country each year.  Millions of  
               children grow up in homes where they witness domestic  
               violence.  Many of these children believe that  
               domestic violence is the norm and either grow up to  
               become perpetrators or new victims themselves.  AB 819  




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               will bring domestic violence prevention education into  
               our school classrooms so that children learn from an  
               early age that domestic violence is a crime and that  
               there is no place for it in our society for such  
               unacceptable behavior.  This is particularly important  
               given the prevalence of teen dating violence.  Studies  
               show that one in four high school and college students  
               surveyed said that they had experienced violence in a  
               dating relationship." 

           2)   Legislation with similar language vetoed last session  .  
                AB 558 (Jackson), which contained similar language to  
               this bill was vetoed by the Governor in 1999.  In his  
               veto message the Governor stated:

          "While I am supportive of efforts to reduce domestic  
               violence, I cannot support this bill for the following  
               reasons. Existing law already requires instruction in  
               the principles and practices of individual, family,  
               and community health.  In addition, if districts chose  
               to provide such instruction this bill could result in  
               redirections of up to $7 million away from core  
               academic programs. Any such issues should be addressed  
               through the annual Budget Act.  Finally, this bill  
               contains no provision for parents to exempt their  
               children from this instruction if they so choose."

          "I would support a requirement that the state's health  
               curriculum framework, as adopted by the State Board of  
               Education, include sections on domestic violence.   
               This revision would be included as part of the regular  
               curriculum framework adoption process.  Any such  
               legislation should also include a provision allowing  
               for parents to exempt their children from instruction  
               in this area." 
          
           3)   Related current legislation  .  On June 27 the Committee  
               approved AB 79 (Havice), which requires that  
               comprehensive school safety plans (NOT addressed in  
               this bill) include a policy for the prevention of  
               bullying and a conflict resolution program.

           SUPPORT  

          Los Angeles County Board of Supervisors
          National Organization for Women




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           OPPOSITION  

          None received