BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 161|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 161
Author: Soto (D)
Amended: 4/21/05
Vote: 21
SENATE EDUCATION COMMITTEE : 7-2, 4/13/05
AYES: Scott, Alquist, Lowenthal, Romero, Simitian, Soto,
Torlakson
NOES: Denham, Morrow
NO VOTE RECORDED: Maldonado, Dutton, Speier
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Youth Access to Information Act
SOURCE : Author
DIGEST : This bill requires the California Department of
Education to post on its web site, a statement in English
and Spanish that delineates certain rights of students
relative to health and safety issues.
ANALYSIS :
Current law provides a variety of rights to students and
minors. Current law does not identify a single source for
promulgating these rights.
This bill
CONTINUED
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1. Requires the CDE, on or before July 1, 2006, 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 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 you 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
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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
from including additional information intended to
persuade pupils to make certain decisions or remove any
portion of the statements.
3. Requires the statement to direct students to their
local health services department, school nurse, or
school counselor for further information.
4. Requires CDE to annually review the statement for
accuracy.
5. Requires the CDE to post the statement on its web site
on or before July 1, 2006. 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/9/05)
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
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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 : (Verified 5/9/05)
California Family Alliance
Capitol Resource Institute
NC:do 5/11/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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