BILL NUMBER: SB 161 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2005
AMENDED IN SENATE MARCH 14, 2005
INTRODUCED BY Senator Soto
FEBRUARY 8, 2005
An act to add Article 9 (commencing with Section 49055) to Chapter
6 of Part 27 of the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 161, as amended, Soto. California Youth Access to Information
Act.
Existing law establishes certain rights relating to a child's
ability to consent to certain medical care, rights relating to
adoption procedures, and rights relating to criminal procedure.
Existing law also provides pupils with certain rights relating to the
attendance of safe schools, and the right to be free from
discrimination in schools.
This bill would require the State Department of Education to
develop and post on its Internet Web site a statement of these
rights. The bill would authorize a school district to display this
statement to pupils, with certain requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 9 (commencing with Section 49055) is added to
Chapter 6 of Part 27 of the Education Code , to read:
Article 9. California Youth Access To Information Act
49055. This article shall be known and may be cited as the
California Youth Access to Information Act.
49056. (a) The Legislature finds and declares all of the
following:
(1) California has the second highest rate in the nation of
pregnancies among adolescents between 15 and 19 years of age.
(2) Eighty percent of adolescents who become pregnant drop out of
school due to the pregnancy.
(1) Every year, the total cost to the state for teen births is
three billion three hundred million dollars ($3,300,000,000).
(3)
(2) Thirty‑three percent of pupils in
the state will not finish high school, resulting in 24 percent of
California's adults being at the lowest literacy level.
(4)
(3) In a single year in California, nearly
6,000 young people are hospitalized for some form of violent injury,
including assault, child abuse, domestic violence, and rape.
(5)
(4) Adolescents are nearly five times more
likely to be victims of crime than adults over 35 years of age.
(6)
(5) Early formal and social education can
increase the success rate of pupils, thereby promoting efficient use
of resources and financial savings to the state.
(7)
(6) Access to information, resources, and
support from parents and school staff can help reduce the rates of
pregnancy, illiteracy, and violence among adolescents.
(b) It is the intent of the Legislature to enact legislation to
ensure that the information required by the California Youth Access
to Information Act is provided to pupils between 12 and 17 years of
age, with the understanding the California's youth have a
responsibility to themselves, to their peers, and to the state.
49057. (a) The department shall prepare a statement of pupil
rights in both English and Spanish that shall include all of the
following statements:
(1) You have the right to consent to medical care related to the
prevention or treatment of pregnancy, pursuant to Section 6925 of the
Family Code.
(2) If you may have come into contact with an infectious,
contagious, or communicable disease, you have the right to consent to
medical care related to the diagnosis or treatment of that disease
if you are 12 years of age or older, pursuant to Section 6926 of the
Family Code.
(3) You may consent to medical care related to the diagnosis and
treatment of an alleged sexual assault and the collection of medical
evidence with regard to the alleged sexual assault, pursuant to
Section 6928 of the Family Code.
(4) You may consent to medical care and counseling relating to the
diagnosis and treatment of a drug- or alcohol-related problem if you
are 12 years of age or older, pursuant to Section 6929 of the Family
Code.
(5) You may consent to mental health treatment or counseling on an
outpatient basis if you are 12 years of age or older, pursuant to
Section 6924 of the Family Code.
(6) You have the inalienable right to attend classes on school
campuses that are safe, secure, and peaceful, pursuant to Section
32261.
(7) You have the right to be free from discrimination on the basis
of sex, ethnic group identification, race, national origin,
religion, color, mental or physical disability, or any actual or
perceived characteristic that is contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code, pursuant to
Section 220.
(8) You have the right to surrender your newborn child to a
hospital or a fire station within 72 hours of giving birth without
being asked any questions, pursuant to Section 271.5 of the Penal
Code.
(9) You have the right to change your mind about giving your baby
up for adoption, and to rescind the adoption, within 30 days of
relinquishing your child to the State Department of Social Services
or to a licensed adoption agency, pursuant to Section 8700 of the
Family Code.
(10) You have the right to be read Miranda warnings prior to any
interrogation if you are taken into custody.
(b) The department may alter the statements contained in
subdivision (a) with regard to the reading and comprehension level of
pupils. The department shall not include additional information
intended to persuade pupils to make specific decisions or remove any
references to specific provisions of law contained in the statements.
(c) The department shall post the statement developed pursuant to
subdivision (a) on its Internet Web site.
(d) A school district may display this statement at school
facilities. This statement shall be printed in no less than 12-point
bold type and shall be titled "California Youth Access to Information
Act."