BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 161|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
VETO
Bill No: SB 161
Author: Soto (D)
Amended: 6/30/05
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
SENATE FLOOR : 21-12, 8/25/05
AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Dunn,
Florez, Kehoe, Kuehl, Lowenthal, Machado, Migden, Ortiz,
Perata, Romero, Scott, Simitian, Soto, Speier, Torlakson,
Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Campbell, Cox,
Denham, Dutton, Maldonado, Margett, McClintock,
Poochigian
NO VOTE RECORDED: Ducheny, Escutia, Figueroa,
Hollingsworth, Morrow, Murray, Runner
ASSEMBLY FLOOR : 47-25, 8/18/05 See last page for vote
SUBJECT : California Youth Access to Information Act
SOURCE : Author
CONTINUED
SB 161
Page
2
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.
Assembly Amendment requires the California Department of
Education (CDE) to notify school districts of the
statement's availability on the web site and encourage
districts to include a link to the CDE web page.
ANALYSIS :
Current law provides a variety of rights to students and
minors. Current law CDEs not identify a single source for
promulgating these rights.
This bill establishes the CA Youth Access to Information
Act (CYAIA) which:
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
CONTINUED
SB 161
Page
3
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
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.
6. Requires, once the statement is available on the CDE
Web site, CDE to notify school districts as to the
availability of the information and to encourage school
CONTINUED
SB 161
Page
4
districts to include a link to the CDE web page on the
district's web site.
7. 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."
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.
Comments
According to the author, in 2003, it was revealed that the
32nd Senatorial district has the fourth 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 live which
would allow them to become more responsible 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/19/05)
32nd Senatorial District Teen Pregnancy Prevention
Consortium
CONTINUED
SB 161
Page
5
Buenanueva Foundation, Inc.
California Alliance Concerned with School Age Parenting
and Pregnancy Prevention
California Association of Student Councils
City of Huntington Park
Council on Child Abuse and Neglect
East Valley Community Health Center
Eco Smart Environmental Technologies
El Nido Family Centers
Helping Other People Excel
Los Angeles County Inter-agency
MAHEC
Marin County Youth Commission
Net Check Investigations
New Harvest Church
Oneighty 2 Youth Services
Pomona Valley Youth Employment Services, Inc.
Reproductive Rights Network of Santa Cruz County
Soledad Enrichment Action, Inc.
Teen Parent Program, Alta Vista High School
Teen Parent Program, Vista High School
Youth Leadership Institute
OPPOSITION : (Verified 8/19/05)
California Family Alliance
Capitol Resource Institute
Concerned Women for America
GOVERNOR'S VETO MESSAGE:
"While I am supportive of providing students with
information that affects their rights, this bill is
unnecessary. Under current law, the
Superintendent of Public Instruction (SPI) can and
should be posting
information on the Department of Education website to
assist students in understanding their rights and
helping them with important issues. Furthermore,
this bill is not inclusive enough of all the rights
and issues important to our students welfare, such as
a students right t o request confidentiality when
reporting whether he or she has been abused or
CONTINUED
SB 161
Page
6
sexually assaulted.
"I encourage the Legislature and any other interested
parties to work with Superintendent OConnell to
ensure that he provides as much information to
students and parents to maintain the health and
welfare of children in schools.
"For these reasons, I am unable to sign this bill."
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,
Dymally, Frommer, Garcia, Goldberg, Hancock, Jerome
Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno,
Levine, Lieber, Liu, Matthews, Montanez, Mullin, Nation,
Nava, Negrete McLeod, Oropeza, Parra, Pavley, Richman,
Ruskin, Saldana, Salinas, Torrico, Umberg, Vargas, Wolk,
Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, DeVore, Haynes, Houston, Huff, Keene, La Malfa,
Leslie, Maze, McCarthy, Mountjoy, Nakanishi, Niello,
Plescia, Spitzer, Strickland, Tran, Villines, Walters,
Wyland
NO VOTE RECORDED: Emmerson, Evans, Harman, Shirley Horton,
La Suer, Ridley-Thomas, Sharon Runner, Vacancy
NC:do 1/3/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED