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