BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1471|
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UNFINISHED BUSINESS
Bill No: SB 1471
Author: Kuehl (D)
Amended: 8/21/06
Vote: 21
SENATE HEALTH COMMITTEE : 5-2, 4/26/06
AYES: Ortiz, Alquist, Chesbro, Figueroa, Kuehl
NOES: Runner, Cox
NO VOTE RECORDED: Aanestad, Maldonado
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SENATE FLOOR : 24-14, 5/30/06
AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny,
Dunn, Escutia, Figueroa, Kehoe, Kuehl, Lowenthal,
Machado, Migden, Murray, Ortiz, Perata, Romero, Scott,
Simitian, Soto, Speier, Torlakson, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Cox, Denham,
Dutton, Hollingsworth, Maldonado, Margett, McClintock,
Morrow, Poochigian, Runner
NO VOTE RECORDED: Florez, Vacancy
ASSEMBLY FLOOR : 49-30, 8/28/06 - See last page for vote
SUBJECT : Sex education programs: requirements
SOURCE : American Civil Liberties Union
Planned Parenthood Affiliates of California
CONTINUED
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DIGEST : This bill enacts the California Community Sexual
Health
Education Act.
Assembly Amendments (1) specify that the bill shall not
apply retroactively to any grant that has been funded
pursuant to a contract that is entered into before January
1, 2007, and that monitoring of compliance with the bill
shall be integrated into the current monitoring and
compliance procedures for grants; (2) requires the agency
if it knows or should have known that a grantee is not in
compliance with this section to terminate the contract or
take other appropriate action; (3) specifies that if the
program consists of instruction or information that is
delivered in a single session or in multiple sessions to
persons under age 12 years, it shall satisfy specified
criteria; and (4) exempts publicly funded schools receiving
only general educations funds to provide comprehensive
sexual health instruction or HIV/AIDS prevention
instruction, from complying with the funding conditions
required by the bill.
ANALYSIS :
Existing Law
1.Establishes requirements for the provision of sex
education under the California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act, authorizes
school districts to provide comprehensive sexual health
education, as defined, in any kindergarten to grade 12,
inclusive, and ensures that all pupils in grades 7 to 12,
inclusive, receive HIV/AIDS prevention education, as
defined.
2.Enumerates various requirements for comprehensive sexual
health education and HIV/AIDS prevention education.
3.Requires a school district to notify the parent or
guardian of a pupil about instruction in comprehensive
sexual health education and HIV/AIDS prevention and
empowers a parent or guardian to excuse his or her pupil
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from all or part of that instruction.
This bill:
1.Requires any program that provides instruction or
information to prevent adolescent or unintended
pregnancy, or to prevent sexually transmitted diseases
(STDs), including HIV, that is conducted, operated, or
administered by any state agency or is funded directly or
indirectly by the state, or receives any financial
assistance from state funds or funds administered by a
state agency to satisfy the following:
A. All information is required to be medically
accurate, current, and objective.
B. Individuals providing instruction or information on
pregnancy, sexuality, and sexually transmitted
diseases are required to know and use the most current
scientific data on human sexuality, human development,
pregnancy, and STDs.
C. The program content is required to be age
appropriate for its targeted population.
D. The program is prohibited from teaching or
promoting religious doctrine.
E. The program is required to be culturally and
linguistically appropriate for its targeted
populations.
F. The program is prohibited from reflecting or
promoting bias against any person on the basis of
disability, gender, nationality, race or ethnicity,
religion, or sexual orientation, as defined in current
law.
2.Requires the program, if it consists of instruction or
information that is delivered in a single session, to
satisfy all of the criteria in #1) above and:
A. If it is directed towards minors and addresses
STDs, include information that the only certain way to
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prevent STDs is to abstain from activities that have
been proven to transmit STDs.
B. If it is directed toward minors and addresses
pregnancy prevention, include information that the
only certain way to prevent unintended pregnancy is to
abstain from sexual intercourse.
C. If it addresses sexually transmitted diseases,
provide information about the effectiveness and safety
of one or more drugs or devices approved by the
federal Food and Drug Administration (FDA) for
reducing the risk of contracting STDs.
D. If it addresses pregnancy prevention, provide
information about the effectiveness and safety of one
or more drugs or devices approved by the FDA for
preventing pregnancy.
3.Requires the program, if it consists of instruction or
information that is delivered in multiple sessions, to
satisfy all of the criteria in subdivision #1) above and
paragraphs a) and b) of #2) above and: provide
information about skills for refusing unwanted sexual
activity and communicating with sexual partners; and,
provide information about the effectiveness and safety of
all drugs and devices approved by the FDA for reducing
the risk of contracting STDs, and information on local
resources for testing and treatment of STDs. Requires the
program, if it addresses pregnancy prevention, to provide
information about the effectiveness and safety of all
drugs and devices approved by the FDA for preventing
pregnancy, including, but not limited to, emergency
contraception.
4.Defines "age appropriate" as topics, messages, and
teaching methods suitable to particular ages or age
groups of children and adolescents, based on developing
cognitive, emotional, and behavioral capacity typical for
the age or age group.
5.Defines "single session" program as a single
presentation or contact designed to provide awareness and
information about preventing pregnancy, or sexually
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transmitted diseases, including outreach activities in
which educators, outreach workers, or youth peer
educators provide oral or written information to
individuals during a single encounter.
6.Defines "multiple session" program as instruction or an
informational presentation about preventing pregnancy or
sexually transmitted diseases that is provided to the
same audience over more than one session.
7.Defines "medically accurate" as verified or supported by
research conducted in compliance with scientific methods
and published in peer review journals, where appropriate,
and recognized as accurate and objective by professional
organizations and agencies with expertise in the relevant
field, including, but not limited to, the federal Centers
for Disease Control and Prevention (CDC), the American
Public Health Association (APHA), the Society for
Adolescent Medicine (SAM), the American Academy of
Pediatrics (AAP), and the American College of
Obstetricians and Gynecologists (ACOG).
8.Requires an applicant, with the exception of publicly
funded schools receiving only general education funds to
provide comprehensive sexual health instruction or
HIV/AIDS prevention instruction, as a condition of
receiving state funds or state-administered funds for any
program or activity described in subdivisions # 1), # 2),
and # 3) above to attest in writing that its program
complies with all conditions of funding, including those
enumerated in this bill.
9.Requires the applicant, if the program is conducted at a
publicly funded school, including charter schools, to
indicate in writing how the program fits in with the
school's plan to comply fully with the requirements of
the California Comprehensive Sexual Health and HIV/AIDS
Prevention Education Act.
10.Prohibits anything in this bill from being construed to
limit the requirements of the California Comprehensive
Sexual Health and HIV/AIDS Prevention Education Act, as
specified.
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11.Prohibits anything in this bill from applying to
one-on-one interactions between a health practitioner and
his or her patient in a clinical setting.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee
analysis, annual General Fund administrative costs, likely
$200,000 to $500,000, for DHS to monitor programs. To the
extent DHS can consolidate the program monitoring and/or
technical assistance it currently provides to include the
information proposed in this measure, this cost may be
reduced.
SUPPORT : (Verified 5/25/06)
American Civil Liberties Union (co-source)
Planned Parenthood Affiliates of California (co-source)
ACCESS/Women's Health Rights Coalition
American Association of University Women CA
American College of Obstetricians and Gynecologists,
District IX
California Commission on the Status of Women
California Family Health Council
California Latinas for Reproductive Justice
California Medical Association
California School Nurses Organization
Latino Issues Forum
NARAL Pro-Choice California
National Association of Social Workers, California Chapter
Pharmacy Access Partnership
Planned Parenthood Los Angeles
Planned Parenthood Orange and San Bernardino Counties
Southern California HIV Advocacy Coalition
OPPOSITION : (Verified 5/25/06)
California Family Council
Capitol Resource Institute
Concerned Women of America of California
ARGUMENTS IN SUPPORT : Proponents argue that this bill
expands on state law that requires sexual health and
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HIV/AIDS prevention education taught in public schools be
medically accurate, bias-free, and age appropriate, also
applying these standards to community-based organizations
that provide sexuality education programs. They state that
the bill provides needed guidance to state agencies that
fund or administer community-based programs or public
education campaigns, in order to ensure that California has
a consistent and effective approach for preventing
unintended pregnancy and STDs. Proponents cite the PPIC
survey and its findings and further state that to
effectively reduce existing reproductive health disparities
and promote access to sexual health information and
services, state funds should be used to support only
programs that provide medically accurate information with
current and unbiased data, in our communities as well as in
our public schools.
ARGUMENTS IN OPPOSITION : Opponents object to the
expansion of these requirements in law. Concerned Women
for America (CWA) states that this bill does not require
that programs teach respect for marriage, an important
component in encouraging healthy sexual behavior. The CWA
and the Capitol Resource Institute both cite criteria in
the bill that prohibits a program from reflecting or
promoting bias against a person on the basis of, among
other factors, gender and sexual orientation. The CWA
states that this presents a clear problem since current
research identifies increased health risks for certain
individuals.
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,
Dymally, Evans, Frommer, Goldberg, Hancock, Jerome
Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno,
Levine, Lieber, Lieu, Liu, Matthews, Montanez, Mullin,
Nation, Nava, Negrete McLeod, Oropeza, Parra, Pavley,
Richman, Ridley-Thomas, Ruskin, Saldana, Salinas,
Torrico, Umberg, Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, DeVore, Emmerson, Garcia, Haynes, Shirley
Horton, Houston, Huff, Keene, La Malfa, La Suer, Leslie,
Maze, McCarthy, Mountjoy, Nakanishi, Niello, Plescia,
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Sharon Runner, Spitzer, Strickland, Tran, Villines,
Walters, Wyland
NO VOTE RECORDED: Vacancy
CTW:do 8/29/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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