BILL NUMBER: AB 506 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Montanez
FEBRUARY 16, 2005
An act to amend Section 32282 of, to add Section 51210.5 to, and
to add Article 3.7 (commencing with Section 32239) to Chapter 2 of
Part 19 of, the Education Code, relating to teen dating violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 506, as introduced, Montanez. Teen dating violence:
prevention and education.
Existing law establishes various school safety programs,
including, among others, the Carl Washington School Safety and
Violence Prevention Act, which requires the Superintendent of Public
Instruction to provide funds to school districts serving pupils in
any of grades 8 to 12, inclusive, for the purpose of promoting school
safety and reducing schoolsite violence.
This bill would establish the Teen Dating Violence Prevention
Program and would require each school district, by an unspecified
date, to establish a policy and protocol, including reporting
procedures and response requirements, for dealing with teen dating
violence, as defined, in middle schools and in high schools.
The bill would also require the State Department of Education to
incorporate teen dating violence education curriculum into the health
curriculum framework at its next revision.
The bill would provide that the program or the incorporation of
the teen dating violence education curriculum into the health
education framework may not result in any redirection of funding from
core academic programs.
Because this bill would require school districts to establish a
policy and protocol, including reporting procedures and response
requirements, for dealing with incidents of teen dating violence, it
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following: (1) The Harvard School of Public Health reported in 2001
that 20 percent of all female pupils in grades 9 to 12, inclusive,
reported that they had experienced physical or sexual violence, or
both, perpetrated by a dating partner.
(2) The 2003-04 California Student Survey found that 8.2 percent
of pupils in 11th grade, both male and female, said that they have
been "hit, slapped, or physically hurt on purpose" by their partner
in the last 12 months.
(3) Victims of teen dating violence are at a considerably higher
risk of using drugs and alcohol, of becoming pregnant, and of
considering or attempting suicide, according to a study in the
Journal of the American Medical Association.
(4) When a pupil is a victim of teen dating violence, his or her
academic life suffers and his or her safety at school is jeopardized.
(5) In order for pupils to be able to focus on academic
achievement, they must feel safe.
(b) The Legislature encourages school districts to educate pupils,
counselors, and administrators regarding teen dating violence, and
to work with local law enforcement agencies, domestic violence
shelters, and rape crisis centers that are trained to provide
domestic violence prevention training, in order to prevent teen
dating violence and to address situations involving teen dating
violence.
(c) It is the intent of the Legislature to enact legislation that
would require each school district to establish a policy and protocol
for responding to incidents of teen dating violence in high schools
and in middle schools, and that would require that each school's
comprehensive safety plan include teen dating violence reporting
procedures and response requirements.
SEC. 2. Article 3.7 (commencing with Section 32239) is added to
Chapter 2 of Part 19 of the Education Code , to read:
Article 3.7. Teen Dating Violence Prevention Program
32239. For purposes of this article, "teen dating violence" means
a pattern of behavior where one person uses threats of, or actually
uses, physical, sexual, verbal, or emotional abuse to control his or
her dating partner, where one or both of the partners is a teenager.
32239.1. Each school district shall, by ________, establish a
policy and protocol, which shall include reporting procedures and
response requirements, for dealing with incidents of teen dating
violence involving pupils enrolled in middle schools and in high
schools.
32239.2. (a) The Legislature recommends that each school district
provide teen dating violence prevention instruction that is
age-appropriate to pupils in grades 7 to 12, inclusive. (b) Each
school district that provides instruction recommended in subdivision
(a) shall allow a pupil's parent or guardian to exempt his or her
child from receiving instruction in teen dating violence prevention.
32239.3. (a) The Legislature recommends that each school
district provide training to school counselors and administrators
with respect to teen dating violence dynamics and the available
resources in order to ensure that school counselors and
administrators are able to respond appropriately to incidents of teen
dating violence that occur on campus or that involve pupils. (b) The
Legislature also recommends that school districts use existing
resources within organizations such as domestic violence shelters or
rape crisis centers, which are trained to provide domestic violence
prevention training to the community at no cost.
32239.4. The program established pursuant to this article shall
not result in any redirection of funding from core academic programs.
SEC. 3. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:(1) Assessing the
current status of school crime committed on school campuses and at
school-related functions.
(2) 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 shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Title 1 of Part 4 of the Penal
Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.). The disaster procedures shall also include, but not be limited
to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the Office of Emergency Services and the Seismic Safety
Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For the purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(J) Hate crime reporting procedures pursuant to Chapter 1.2
(commencing with Section 628) of Title 15 of Part 1 of the Penal
Code.
(K) Teen dating violence reporting procedures and response
requirements, pursuant to Article 3.7 (commencing with Section
32239).
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
(f) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.
SEC. 4. Section 51210.5 is added to the Education Code , to read:
51210.5. (a) Subject to subdivision (b), the department shall
incorporate teen dating violence education curriculum into the health
curriculum framework at its next revision. This curriculum shall
focus on educating pupils regarding teen dating violence, as
described in Article 3.7 (commencing with Section 32239) of Part 19.
(b) The requirements of subdivision (a) shall be implemented only if
implementation will not result in any redirection of money from core
academic programs.
SEC. 5.
If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.