BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1300|
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THIRD READING
Bill No: SB 1300
Author: Correa (D)
Amended: 6/1/10
Vote: 21
SENATE EDUCATION COMMITTEE : 6-1, 4/21/10
AYES: Romero, Alquist, Hancock, Liu, Price, Simitian
NOES: Huff
NO VOTE RECORDED: Maldonado, Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SUBJECT : Teen dating violence prevention
SOURCE : Author
DIGEST : This bill authorizes schools to provide teen
dating violence prevention education and requires the State
Board of Education to incorporate teen dating violence and
sexual violence curriculum into the health curriculum
framework.
ANALYSIS :
Existing Law
1.Authorizes schools to offer health education. Current
CONTINUED
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law defines "comprehensive health education programs" to
include activities designed to ensure that, among other
things, pupils will receive instruction to aid them in
making decisions and school district will voluntarily
provide pupils with instruction on preventative health
care.
2.Authorizes schools to offer comprehensive sexual health
education. Current law provides that one of the purposes
of the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act is to encourage a pupil
to develop health attitudes concerning dating, among
other things.
3.Authorizes schools to use School Safety Block Grant funds
to, among other things, provide age-appropriate
instruction in domestic violence prevention, dating
violence prevention, and interpersonal violence
prevention. This funding is included in the categorical
flexibility pursuant to SBX3 4 (Ducheny), Chapter 12,
Statutes of 2009, Third Extraordinary Session, whereby
schools are authorized to u se funding from 43
categorical programs for any educational purpose.
This bill authorizes schools to provide teen dating
violence prevention education and requires the State Board
of Education (SBE) to incorporate teen dating violence and
sexual violence curriculum into the health curriculum
framework. Specifically, this bill:
1.Authorizes a school district to provide teen dating
violence prevention education consisting of
age-appropriate instruction, as developed by the SBE, as
part of the sexual health and health education program
it provides to pupils in grades 7-12.
2.Requires the SBE to incorporate teen dating violence and
sexual violence curriculum into the health curriculum
framework at its next revision.
3.Requires the SBE to consult with the Department of
Public Health, the Attorney General, and domestic
violence and sexual assault prevention advocates for
advice on the development of grade-level concepts and
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content guidelines to be incorporated into the sexual
health and health education program currently taught in
grades 7-12.
4.Requires a school district that elects to offer teen
dating violence prevention education to include
instruction and materials regarding teen dating violence
that include methods for doing all of the following:
A. Recognizing what constitutes a healthy
relationship.
B. Identifying teen dating violence, verbal abuse,
nonverbal abuse, physical intimidation, stalking,
physical abuse, inappropriate sexual behavior, sexual
harassment, sexual violence, sexual assault, and
Internet abuse and cyber bullying.
C. Locating sources for legal, medical, mental
health, and other supportive services regarding teen
dating violence.
5.Requires a school district that elects to offer teen
dating violence prevention education to satisfy criteria
that is consistent with current law regarding sex
education, including the information must be medically
accurate and objective, age appropriate, available to
English learners, encourage communication with parents,
and teach respect for marriage and committed
relationships.
6.Requires each school district that provides teen dating
violence prevention education to notify the parent or
guardian of each pupil about instruction planned for the
coming year and research on pupil health behaviors and
risks. The notice must include all of the following,
which is consistent with current law regarding sex
education and HIV/AIDS prevention education:
A. Educational materials are available for
inspection.
B. Whether the prevention education will be taught by
school personnel or by outside consultants (if by
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consultants, the date of instruction, name of
organization of each speaker, and statement of the
right of parents to request a copy of this section of
law).
C. Explanation of the right to request a copy of this
section of law.
D. The parent may request, in writing, that his or
her child not receive teen dating violence prevention
education.
E. Upon written request to the school principal, a
parent shall be allowed to examine the instruction
materials at the school in which the child is
enrolled.
7.Authorizes anonymous, voluntary and confidential
research and evaluation tools to measure pupils' health
behaviors and risks, including questionnaires and
surveys containing age-appropriate questions about the
pupil's attitudes concerning teen dating violence to be
administered to any pupil in grades 7-12. The
questionnaire or survey may be given only if the parent
is first notified, in writing, that it is going to be
administered and the pupil's parent is given the
opportunity to review the questionnaire or survey and to
request, in writing, that his or her child not
participate. This is consistent with the current law
regarding sex education.
8.Prohibits a pupil from attending any class in teen
dating violence prevention education, or participating
in any questionnaire or survey, if the school has
received a written request from the pupil's parent
excusing the pupil from participation. This bill also
prohibits a pupil from being subject to disciplinary
action, academic penalty or other sanction if the
pupil's parent declines to permit the pupil to receive
teen dating violence prevention education or to
participate in a questionnaire or survey. This bill
requires schools to provide an alternative educational
activity to pupils who are not participating in teen
dating violence prevention education or the
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questionnaire or survey. All are consistent with
current law regarding sex education and HIV/AIDS
prevention education.
9.Authorizes schools to use school district personnel or
outside consultants who are trained in the appropriate
courses, which is consistent with current law regarding
sexual education and HIV/AIDS prevention education
10.Defines the following terms:
A. Abuse of property.
B. Dating partner.
C. Healthy relationship.
D. Inappropriate sexual behavior.
E. Internet abuse or cyber bullying.
F. Nonverbal abuse.
G. Obscene materials.
H. Physical abuse.
I. Physical intimidation.
J. Reproductive control.
K. Sexual assault.
L. Sexual harassment.
M. Sexual violence.
N. Stalking.
O. Teen dating Violence
P. Use of weapons.
Q. Written materials.
Comments
Parental Opt-Out . This bill requires schools that choose
to provide teen dating violence prevention education to
notify parents prior to this instruction, and allows
parents to request that their child not receive teen dating
violence prevention education, which is consistent with
current law relative to sex education and HIV/AIDS
prevention education.
Already in Health Framework and Standards ? The SBE adopted
the health education framework in 2002, and adopted the
health content standards in March 2008. The content
standards and framework currently include some references
to dating violence, characteristics of health
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relationships, and recognizing harmful or abusive dating
relationships. However, neither the standards nor the
framework include the level of detail about teen dating
violence prevention that would be incorporated into the
curriculum pursuant to this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-12 Fund
Curriculum develop- $450, whenever the health
curriculum General
ment is revised
SUPPORT : (Verified 6/1/10)
American Congress of Obstetricians and Gynecologists
California Association of School Psychologists
California Medical Association
California Parent-Teacher Association
California State Sheriffs' Association
California Teachers Association
Crime Victims United of California
Junior League of California, State Public Affairs Committee
Junior League of Oakland - East Bay
Los Angeles County District Attorneys Office
Physicians for Reproductive Choice and Health
San Francisco Unified School District
The American Congress of Obstetricians and Gynecologists
OPPOSITION : (Verified 6/1/10)
Break the Cycle
California Partnership to End Domestic Violence
Peace Over Violence
ARGUMENTS IN SUPPORT : According to the author's office,
"public schools currently do not have to educate employees
and pupils about dating violence, nor do they have to have
a response policy and protocol for complaints of teen
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dating violence. SB 1300 would provide guidelines for
dating and sexual violence prevention on campus and aid in
preventing dating violence by spreading awareness."
The Junior Leagues of California, in support, write that
"Teen dating violence is a pervasive problem among youth,
and it is precursor for violence in adult intimate
relationships. This type of violence is impacting the
safety of school campuses and the academic success of
students: victims of teen dating violence are more likely
to be truant, have lower grades, and are more likely to
bring a weapon onto campus."
ARGUMENTS IN OPPOSITION : Peace Over Violence, in
opposition, contends that this bill is unnecessary,
restrictive, costly and burdensome. They believe that it
will likely decrease the amount of teen dating violence
prevention education pupils receive. They further contend
that teen dating violence prevention education is not sex
education and would like to see all references to human
sexuality removed from the language of the bill.
CPM:cm 6/1/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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