BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2005-2006 Regular Session
BILL NO: SB 161
AUTHOR: Soto
AMENDED: March 29, 2005
FISCAL COMM: Yes HEARING DATE: April 13, 2005
URGENCY: No CONSULTANT:Lynn Lorber
NOTE: This bill has been referred to both the Education
Committee and the Judiciary Committee. A "Do Pass" motion
should include referral to the Senate Judiciary Committee.
SUBJECT : California Youth Access to Information Act
SUMMARY
This bill requires the California Department of Education
(CDE) to post on its web site, a statement in English and
Spanish that delineates certain rights of students relative
to health and safety issues.
BACKGROUND
Current law provides a variety of rights to students and
minors. Current law does not identify a single source for
promulgating these rights.
ANALYSIS
This bill :
1) Requires the CDE to prepare a statement of pupil
rights in both English and Spanish that must include
all of the following declarations:
a) You have the right to consent to medical
care related to the prevention or treatment of
pregnancy.
b) If you may have come into contact with an
infectious, contagious, or communicable disease,
you have the right to consent to medical care
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related to the diagnosis or treatment of that
disease if you are 12 years of age or older.
c) 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.
d) 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.
e) You may consent to mental health treatment
or counseling on an outpatient basis if you are
12 years of age or older.
f) You have the inalienable right to attend
classes on school campuses that are safe, secure,
and peaceful.
g) 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 statutory definition of hate
crimes.
h) 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.
i) 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 Department of Social Services
or to a licensed adoption agency.
j) You have the right to be read Miranda
warnings prior to any interrogation if you are
taken into custody.
2) Allows the CDE to alter the statements to make them
more easily understood by pupils. Prohibits the CDE
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from including additional information intended to
persuade pupils to make certain decisions or remove
any portion of the statements.
3) Requires the CDE to post the statement on its web
site. Allows school districts to display the
statement at school facilities. Requires the
statement to be printed in at least 12-point bold type
and be titled "California Youth Access to Information
Act."
STAFF COMMENTS
1) What will this bill accomplish ? The intent of this
bill is to have one document that lists various
student rights. If a student is not familiar with any
of these rights, is it likely that he or she will know
to look for them on the CDE's website? Is it more
appropriate for this information to be provided by
teen centers, youth commissions, or local public
health or social services agencies? For example,
Girls Incorporated of Alameda County and Planned
Parenthood Gold Gate recently sponsored an event where
teens were provided with much of this information.
2) Finding more information . This bill requires a
statement to list various rights of students with a
statutory reference. Students who are unaware of
these rights may also be unaware of how to look up
statutes to get further information. Staff recommends
this bill be amended to require the statement to
direct students to their local health services
department, school nurse, or school counselor for
further information.
3) Deadline and posting of statement . This bill does not
provide a date by which the CDE is to have the
statement developed and posted on its web site. Staff
recommends this bill be amended to include a deadline.
This bill allows schools to display the statement,
but does not specify in what area of the school the
statement should be posted. Should this be clarified?
4) Keeping current . This bill requires the statement to
include information about the safe surrender of
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newborns. The safe surrender law is scheduled to
sunset January 1, 2006. Other rights may be modified
via legislative action. Staff recommends this bill be
amended to require the CDE to annually review the
statement to ensure each student right is current and
accurate.
5) Technical amendment needed . On page 2, line 35, the
second "the" should be "that."
SUPPORT
32nd Senatorial District Teen Pregnancy Prevention
Consortium
Buenanueva Foundation, Inc.
California Alliance Concerned with School Age Parenting
and Pregnancy Prevention
East Valley Community Health Center
Helping Other People Excel
MAHEC
Marin County Youth Commission
New Harvest Church
Oneighty 2 Youth Services
Soledad Enrichment Action, Inc.
Teen Parent Program, Alta Vista High School
Teen Parent Program, Vista High School
Youth Leadership Institute
OPPOSITION
California Family Alliance
Capitol Resource Institute