BILL ANALYSIS
SB 161
Page 1
SENATE THIRD READING
SB 161 (Soto)
As Amended June 30, 2005
Majority vote
SENATE VOTE :22-15
EDUCATION 7-3 APPROPRIATIONS 13-5
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|Ayes:|Goldberg, Arambula, |Ayes:|Chu, Bass, Berg, |
| |Hancock, Liu, Mullin, | |Calderon, Karnette, |
| |Pavley, Umberg | |Klehs, Leno, Nation, |
| | | |Oropeza, Laird, Saldana, |
| | | |Yee, Mullin |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wyland, Huff, DeVore |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
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SUMMARY : Establishes the California Youth Access to Information
Act (CYAIA) which requires the State Department of Education
(SDE) to post on its Web site, a statement in English and
Spanish that delineates certain rights of students relative to
health and safety issues. Specifically, this bill :
1)Requires SDE, on or before July 1, 2006, to prepare a
statement of pupil rights in both English and Spanish that
shall include all of the following statements:
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
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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 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 State Department
of Social Services or to a licensed adoption agency; and,
j) You have the right to be read Miranda warnings prior to
any interrogation if you are taken into custody.
2)Authorizes SDE to alter the statements listed above with
regard to the reading and comprehension level of pupils.
3)Prohibits SDE from including additional information intended
to persuade pupils to make specific decisions or removing any
references to specific provisions of law contained in the
statements.
4)Requires the statement to also contain a statement that
directs pupils to the local department of health services,
local department of social services, school nurse, or school
counselor for further information.
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5)Requires SDE to annually review the statement for accuracy and
post the statement on its website on or before July 1, 2006.
6)Requires, once the statement is available on the SDE Web site,
SDE to notify school districts as to the availability of the
information and to encourage school districts to include a
link to the SDE Web page on the district's Web site.
7)Authorizes a school district to display the statement at
school facilities and requires the statement to be printed in
no less than 12-point bold type and requires the statement to
be titled "California Youth Access to Information Act."
8)Makes several legislative findings and declarations and states
legislative intent to enact legislation to ensure that the
information required by CYAIA is provided to pupils between 12
and 17 years of age, with the understanding that California's
youth have a responsibility to themselves, to their peers, and
to the state.
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
and also provides pupils with certain rights relating to the
attendance of safe schools, and the right to be free from
discrimination in schools.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown General Fund (GF) administrative costs,
likely in excess of $60,000, to SDE in order to post the CYAIA
in English and Spanish on its Internet Web site.
COMMENTS : According to the author, in 2003, it was revealed
that the 32nd Senatorial district has the 4th highest teen
pregnancy rate in California. In an effort to mitigate this
problem, Senator Soto created the 32nd Senatorial District Teen
Pregnancy Prevention Consortium, which is comprised of
stakeholders, community members and youth. The Consortium has
been meeting for the past two years, analyzing and researching
the core reasons for teen pregnancy. The conclusion of the
Consortium was that many of the barriers youth face come from a
lack of knowledge about resources available to them. They are
not exposed to many of the laws that are pertinent to their
lives which would allow them to become more responsible
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citizens. The author states that the bill is not intended to
remove parents' responsibilities or involvement in their
children's lives. Rather, it facilitates a more functional
relationship between students, their parents and their schools.
Analysis Prepared by : Misty Padilla / ED. / (916) 319-2087
FN: 0011730