BILL ANALYSIS
SB 1300
Page 1
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1300 (Correa) - As Amended: June 1, 2010
SENATE VOTE : 22-8
SUBJECT : Pupils: teen dating violence prevention
SUMMARY : Establishes the California Teen Dating Violence
Prevention Education Act and authorizes a school district to
provide teen dating violence (TDV) prevention education, as
specified. Specifically, this bill :
1)Makes findings and declarations relative to TDV and 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;
aa) Sexual assault;
bb) Sexual harassment;
cc) Sexual violence;
dd) Stalking;
ee) Teen dating violence;
ff) Use of weapons;
gg) Verbal abuse; and,
hh) Written materials.
2)Authorizes a school district to provide TDV prevention
education consisting of age-appropriate instruction, as
developed by the State Board of Education (SBE) as part of the
sexual health and health education program it provides to
pupils in grades 7 to 12, inclusive.
3)Stipulates that a school district may use school district
personnel or outside consultants who are trained in the
appropriate courses to provide such instruction.
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4)Requires a school district that elects to offer TDV prevention
education to include instruction and materials regarding TDV
and sexual violence that include methods for doing all of the
following:
a) Recognizing what constitutes a healthy relationship;
b) Identifying TDV, verbal abuse, nonverbal abuse, physical
intimidation, stalking, physical abuse, inappropriate
sexual behavior, sexual harassment, sexual violence, sexual
assault, and Internet abuse and cyber bullying; and,
c) Locating sources for legal, medical, mental health, and
other supportive services regarding TDV.
5)Requires a school district that elects to offer TDV prevention
education to satisfy all of the following criteria:
a) Instruction and materials shall be age appropriate;
b) Information presented shall be medically accurate and
objective;
c) Instruction shall be made available on an equal basis to
a pupil who is an English learner;
d) Instruction and materials shall be appropriate for use
with pupils of all races, genders, sexual orientations,
gender identities, and ethnic and cultural backgrounds and
with pupils with disabilities;
e) Instruction and materials shall be accessible to pupils
with disabilities, including, but not limited to, the
provision of a modified curriculum, materials and
instruction in alternative formats, and auxiliary aids;
f) Instruction and materials shall encourage a pupil to
communicate with his or her parents or guardians about
human sexuality, and should provide the skills to initiate
those discussions;
g) Instruction and materials shall teach respect for
marriage and committed relationships that are voluntary,
healthy, and safe;
h) Instruction and materials shall teach pupils the skills
to recognize and aspire to healthy, respectful
relationships including all of the following:
i) Communication skills that help them discuss and
resolve conflicts within intimate relationships with
respect and nonviolence;
ii) Critical thinking skills;
iii) Skills to negotiate with an intimate partner; and,
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iv) Skills for pupils to recognize and understand their
own individual boundaries, and recognize and respect the
boundaries of others.
i) Instruction and materials shall not teach or promote
religious doctrine; and,
j) Instruction and materials shall not reflect or promote
bias against any person on the basis of any category
protected under existing law.
6)Requires the instruction and materials teach pupils the skills
to recognize and aspire to healthy, respectful relationships
including communication skills that help them discuss and
resolve conflicts within intimate relationships with respect
and nonviolence; critical thinking skills; skills to negotiate
with an intimate partner; and skills for pupils to recognize
and understand their own individual boundaries, and recognize
and respect the boundaries of others.
7)Requires a school district that provides TDV prevention
education to notify, the parent or guardian of each pupil
about instruction in TDV prevention education and research on
pupil health behaviors and risks that the district plans to
provide for the coming year, and specifies that the
notification shall include all of the following:
a) Information about written and audiovisual educational
materials used in comprehensive TDV prevention education
that are available for inspection;
b) Whether the TDV prevention education will be taught by
school district personnel or by outside consultants or
guest speakers, and if the district delivers TDV prevention
education by guest speakers, requires the notice to include
the date of the instruction, and the name of the
organization or affiliation of each guest speaker;
c) Information explaining the right of a parent or guardian
to request a copy of this law and advice that a parent may
request in writing that his or her child not receive TDV
prevention education; and,
d) Information on the opportunity to make a written request
to examine the TDV education program instructional
materials at the school in which his or her child is
enrolled.
8)Authorizes anonymous, voluntary and confidential research and
evaluation tools to measure pupils' health behaviors and
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risks, including questionnaires and surveys containing
age-appropriate questions about the pupil's attitudes
concerning TDV to be administered to any pupil in grades 7-12,
and specifies that 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.
9)Prohibits a pupil from attending any class in TDV 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, and 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 TDV prevention education or to
participate in a questionnaire or survey.
10)Requires schools to provide an alternative educational
activity for pupils who are not participating in TDV
prevention education or the questionnaire or survey.
11)Requires the SBE to incorporate TDV and sexual violence
curriculum into the health curriculum framework at its next
revision, and to consult with the State Department of Public
Health, the Attorney General, and domestic violence and sexual
assault prevention advocates on the development of grade-level
concepts and content guidelines to be incorporated into the
sexual health and health education program currently taught at
secondary schools to pupils in grades 7 to 12, inclusive.
12)Requires TDV and sexual violence education to include, but
not be limited to, defining TDV and sexual violence, and
recognizing TDV warning signs, and characteristics of healthy
relationships, and information about legal, medical, and
mental health services.
13)Specifies that the curriculum shall focus on educating pupils
regarding TDV and sexual violence and shall be developed
through interagency collaborations with advocates who work in
the areas of domestic violence, TDV, and sexual violence.
14)Requires the SBE to incorporate TDV prevention education into
sexual health and health education programs currently taught
at secondary schools to pupils in any of grades 7 to 12,
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inclusive, and requires TDV prevention education to be an
independent section in the health curriculum.
EXISTING LAW :
1)Authorizes schools to offer health education, and 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 in
matters of personal, family, and community health.
2)Establishes the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act and authorizes schools
districts to offer comprehensive sexual health education
consisting of age-appropriate instruction in any kindergarten
to grade 12, inclusive.
3)Requires a school district to ensure that all pupils in grades
7-12, inclusive, receive HIV/AIDS prevention education from
instructors trained in the appropriate courses at least once
in junior high or middle school and at least once in high
school.
4)Establishes the Carl Washington School Safety and Violence
Prevention Act and allows districts to, among other things,
provide age-appropriate instruction in domestic violence
prevention, dating violence prevention, and interpersonal
violence prevention.
5)Prohibits the SBE from adopting instructional materials or
follow the procedures for the adoption of instructional
materials until the 2013-14 school year.
6)Requires local governing boards to provide standards-aligned
textbooks or basic instructional materials no later than 24
months after those materials are adopted by the SBE, except
that for the 2008-09 to the 2012-13 fiscal years, inclusive, a
governing board of a school district is not required to
provide pupils with instructional materials by the specified
period of time following adoption of those materials by the
SBE.
7)Requires, on or before March 1, 2008, the SBE to adopt content
standards in health education and specifies that school
districts are not required to follow the content standards.
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8)Stipulates that parents and guardians of pupils enrolled in
public schools have the right and should have the opportunity
to be informed by the school and to participate in the
education of their children, as specified, including by
examining curriculum materials of the class or classes in
which their child is enrolled.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the California Department of Education (CDE), citing
the costs of the recent revision of the physical education
curriculum framework, estimates costs of approximately $450,000
to incorporate teen dating violence prevention into the health
education curriculum. Given the suspension of framework
updates, it's not clear in what year these costs would be
incurred. The notification requirements in the bill would be
local costs, as there is no requirement that schools provide
this instruction.
COMMENTS : According to the Centers for Disease Control (CDC),
one in four adolescents report verbal, physical, emotional, or
sexual abuse from a dating partner each year, and about 10% of
students nationwide report being physically hurt by a boyfriend
or girlfriend in the past 12 months. The author states, "With
relationship violence so common among young people, it is
critical to focus education, prevention, and intervention
strategies on that age group. When young people are given the
tools to understand healthy versus unhealthy relationships, they
are better able to stop the cycle of violence, provide support
to their peers, and take a stand against domestic and sexual
violence." This bill establishes the Teen Dating Violence
Prevention Education Act and authorizes school districts to
provide TDV prevention education as part of sexual health
education programs and requires districts that choose to
implement such programs to follow specific guidelines and to
provide parental notification of such programs and to provide
parents the opportunity to opt their children out of this
instruction. Additionally, this bill requires the inclusion of
TDV prevention education in the heath curriculum framework, and
codifies several definitions relative to TDV.
TDV prevention education in schools : This bill authorizes
districts to provide TDV prevention education in grades 7-12,
inclusive, and while this explicit authority is not necessary
for districts to offer this type of instruction, because the
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Education Code is permissive, this bill does have very specific
criteria for districts that choose to provide this instruction.
For example, it requires districts to provide instruction and
materials that encourage pupils to communicate with their
parents about human sexuality and to provide the skills to
initiate those discussions. It also requires districts that
choose to provide TDV prevention education to provide
instruction and materials that include methods to meet very
specific goals. As currently drafted, this bill does not
provide any flexibility for districts to tailor their programs
according to the goals or needs of the district or the school.
This bill could potentially have the effect of discouraging
districts to include such instruction in the curriculum given
the prescriptive nature of the criteria in this bill.
Additionally, this raises questions as to whether districts that
already have programs in place would have to modify the programs
to comply with the provisions in this bill or whether some
districts would instead choose not to provide TDV prevention
instruction because their programs do not meet all the
requirements in this bill. This is particularly important given
the current fiscal environment in the state, which could put
districts in situations to have to discontinue programs if they
are not able to satisfy all of the required criteria of this
bill, even if their programs meet some of the criteria. Staff
recommends the bill be amended to narrow the criteria listed in
the bill and to specify that a program includes but not be
limited to the specified criteria.
Effect on existing programs : The School Safety Block Grant,
which includes programs such as the Carl Washington School
Safety and Violence Prevention Act allows districts 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 SB 4 3X, Chapter 12,
Statutes of 2009, whereby schools are authorized to use funding
from 43 categorical programs for any educational purpose. In
instances in which a school district may still be operating such
programs and providing TDV prevention instruction, this bill
could potentially have the effect of restricting the provision
of such instruction if such district does not meet the
requirements of this bill. Additionally, school districts that
currently collaborate with local domestic violence and/or sexual
assault victim services agencies to provide TDV prevention
education may also be affected by the requirements of this bill,
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if the curriculum that is being used does not comply with the
provisions of this bill.
Health curriculum framework : This bill requires the inclusion
of TDV prevention education into the health education curriculum
framework. The SBE adopted the health education framework in
2002, and adopted the health content standards in March 2008.
According to CDE, the new state-adopted health education
standards specifically cover TDV prevention and related topics
beginning in grade 5 and expand in grades 7-8 and 9-12. The
health education standards address issues and topics such as
characteristics of healthy relationships, establishing personal
boundaries, communication skills to support discussions between
students and their parents on a variety of subjects, sexual
harassment, sexual assault, the influence of drugs and alcohol
on sexual behaviors, healthy and respectful ways to express
attraction and affection, decision-making skills to avoid
dangerous situations such as violence in dating, and identifying
local resources of health services.
The health framework was scheduled for review in 2011 but the
SBE's authority to revise the frameworks and adopt instructional
materials has been suspended pursuant to AB 2 X4, Chapter 2,
Statutes of 2009-10, Fourth Extraordinary Session, until the
2013-14 school year. It is expected that the revised health
framework will incorporate the health education standards and
thus incorporate TDV prevention education.
This bill requires the SBE to consult with specified departments
and advocates on the development of grade-level concepts and
content guidelines to be incorporated into the sexual health and
health education program currently taught at secondary schools.
This is a requirement for an additional document other than the
curriculum framework to include grade-level concepts and
guidelines. It is unclear as to why a separate document would
be necessary when this bill already requires the framework to
include TDV prevention education. Staff recommends an amendment
to clarify that the consultation as required by this section of
the bill applies to the health education framework and does not
require the development of an additional and separate document.
This bill also includes a very lengthy list of definitions
relative to TDV, which may be appropriate to include in the
curriculum framework if the curriculum and content experts
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determine these definitions are widely recognized and contain
accurate content. While definitions may be helpful for
providing some guidance within the curriculum framework, it is
questionable as to whether these definitions should be codified.
Particularly acknowledging that content changes rapidly and
that current law provides for opportunities to revise curriculum
frameworks every eight years in "non-core" curricular content
areas, including health. This Committee may wish to consider
whether these definitions should be codified or whether the task
of determining how and what aspects of TDV prevention education
shall be included in the curriculum framework should be left up
to curriculum experts. Staff recommends this Committee consider
amending the bill to delete the definitions from the bill.
Sexual health education versus prevention education : This bill
authorizes a school district to provide TDV prevention education
as part of sexual health and health education programs. While
it may be appropriate for this instruction to be part of the
health education curriculum, it is questionable as to whether
TDV prevention education should be part of sexual health
education, when the curriculum of these two subjects is
different. The health education standards do not treat TDV
prevention as part of sexual health education. Advocacy
organizations have written numerous letters emphasizing that TDV
prevention education is not sexual health education and that TDV
prevention can be taught without teaching anatomy or human
sexuality concepts. In reviewing a sample TDV prevention
education lesson staff notes that the following concepts are
addressed in the sample lesson:
1)Helping students understand what constitutes healthy and
abusive relationships
2)Identifying and discussing dating abuse, its causes and
consequences
3)Providing students with the skills and resources to help
themselves or friends in abusive dating relationships
4)Providing students with the skills to develop healthy dating
relationships, including positive communication, anger
management, and conflict resolution.
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Staff recommends the bill be amended to authorize districts to
provide TDV prevention education as part of its health
curriculum and to delete provisions that make TDV prevention
education part of sexual health education and that restrict the
provision of such instruction within sexual health and health
education programs. As currently drafted, this bill could limit
the authority of providing this instruction only to districts
that provide sexual health education. Hence, a school district
that does not provide sexual health education would not be able
to provide TDV prevention education either.
Ambiguous language in the bill requires the SBE to incorporate
TDV prevention education into the sexual health and health
education program currently taught at secondary schools to
pupils in grades 7-12, inclusive. It is unclear as to whether
the intent behind this language is to reiterate that the SBE
shall incorporate TDV prevention education into the health
curriculum framework, or whether this language is requiring SBE
to get involved in a local district's curriculum. Sexual health
education is a permissive activity and school districts can
currently design their own curriculum or partner with
organizations to deliver this instruction. Staff recommends an
amendment to delete language requiring the SBE to incorporate
TDV prevention education into the sexual health and health
education program currently taught at secondary schools to
pupils in grades 7-12, inclusive.
Parental notification and opt-out : This bill requires schools
that choose to provide TDV prevention education to notify
parents prior to this instruction, and allows parents to request
that their child not receive TDV prevention education. While
the notification provisions are consistent with current law
relative to sex education and HIV/AIDS prevention education,
some groups have raised concerns that TDV prevention education
deals with personal safety issues and question whether parents
should be allowed to opt their children out of this important
instruction, particularly in consideration that the concepts
taught in TDV prevention instruction do not necessarily relate
to human sexuality.
An argument could be made that by requiring notification and
allowing parents to opt their children out of such important
instruction, this bill treats TDV prevention the same way as
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sexual health education, when it should instead be treated as
any other violence prevention instruction. According to the
health education standards, the TDV prevention education
concepts and topics include but are not limited to,
characteristics of healthy relationships, establishing personal
boundaries, communication skills, sexual harassment, sexual
assault, the influence of drugs and alcohol on sexual behaviors,
healthy and respectful ways to express attraction and affection,
decision-making skills to avoid dangerous situations such as
violence in dating, and identifying local resources of health
services.
The author argues that parents should have an opportunity to
exempt their children from participating in TDV prevention
education because some of the instruction will deal with sexual
violence and assault. Opponents would argue that it is possible
to teach sexual violence prevention without addressing human
anatomy or sexuality concepts and therefore TDV prevention
education should not be viewed as sexual health instruction. An
argument could also be made that the notification requirement
may be too burdensome for schools and that this may discourage
schools/districts from providing this instruction. Staff
recommends this Committee to consider whether this instruction
should require parental notification and whether it should
provide an opportunity for parental opt-out, or whether this
instruction should be treated similar to other prevention
education. Treating TDV prevention education similar to other
prevention education may increase the opportunities for pupils
to access and take advantage of this information and
instruction.
According to information provided by the author, a survey of
parents conducted by Women's Health shows that 81% of parents
surveyed either believe teen dating violence is not an issue or
admit they do not know if it is an issue. Additionally, a
survey commissioned by Liz Claiborne Inc. and the Family
Violence Prevention Fund, states, "For the first time, data also
shows that despite the fact that the majority of parents say
they are comfortable talking about these issues, parents are not
effective in educating their children about the dangers of
dating abuse. 74% for sons and 66% of daughters say they have
not had a conversation about dating abuse this past year."
Even though this bill is about TDV prevention, in various
sections, this bill makes references to "human sexuality." For
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example, this bill requires districts that offer TDV prevention
education to ensure that instruction and materials encourage
pupils to communicate with his or her parents or guardians about
human sexuality and to provide the skills to initiate those
discussions. These provisions already exists in the Education
Code (EC) as part of the sexual education provisions, therefore,
repeating some of these provisions in a section of the EC
relative to TDV prevention may appear irrelevant and
duplicative. In another section declaring legislative intent,
the bill states that "while parents overwhelmingly support
medically accurate, comprehensive sex education, parents and
guardians have the ultimate responsibility for impairing values
regarding human sexuality." Again, this language already exists
in the Education Code under the sex education provisions, so it
is unclear as to why this language should be duplicated,
particularly in a proposed section of the EC that does not deal
with sexual education but rather deals with violence prevention.
Staff recommends the author consider amending the bill to avoid
references to "human sexuality" and "sexual health education,"
so as to ensure that there is a clear distinction between TDV
prevention education and sexual health education.
According to the National Conference of State Legislatures
(NCSL), at least seven states have laws that urge or require
school boards to develop curriculum on teen dating violence, and
in 2009, at least five states, Delaware, Hawaii, New Jersey,
Pennsylvania and Utah, declared a prevention week or months in
February.
This bill seeks to address a very important safety issue that
pupils should have the opportunity to learn about. TDV is a
serious threat that can have immediate and long-lasting effects
on teens and one can argue that schools should provide an
opportunity for pupils to learn about the threats, the risks and
resources available to them. This bill seeks to address the
issue by authorizing school districts to provide information and
instruction about prevention of TDV, and formalizing the role of
schools in raising awareness of the issue. However, this
Committee may wish to consider whether in its current form, this
bill will yield the benefits that it seeks to offer pupils.
The author states, "Domestic violence is a social cancer that
corrodes our society at its very core without discrimination of
any kind. Families affected by domestic violence will continue
to struggle if we, as a community, fail to set a new path for
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our future generations. Teen dating violence is a limb of
domestic violence. It is up to us, as a community, to provide a
'domestic violence free' society to our future generations."
Arguments in support : The California Teachers Association
writes, "SB 1300 encourages students to develop healthy
relationships and behaviors and provides students with
information to prevent and respond to teen dating violence which
affects the quality of life of students including academic
performance and the safety of school campuses."
Arguments in opposition : The California Partnership to End
Domestic Violence, Peace Over Violence, and Break the Cycle
write a joint letter stating an "oppose unless amended" position
on this bill, and they write, "We are concerned that:
The references to sexual health education and the
parental notification/op-out provisions in SB 1300
inaccurately equate TDV prevention education with sexual
health education. They will likely have a chilling effect
among many school districts and result in a decrease in the
number of schools that elect to provide TDV prevention
education.
Sections 32232, 32233 (c) 6-8 and 32234 legislate TDV in
a manner that is inconsistent with other forms of violence
prevention education. These Sections silo TDV prevention
education from other forms of violence prevention education
while equating it with sex education."
Prior legislation : AB 589 (Levine) of 2007 requires school
districts to develop policies, procedures, and training for
school employees regarding the prevention of teen dating
violence and sexual violence. AB 589 was held in the Assembly
Appropriations Committee.
AB 506 (Monta?ez) of 2005 requires each school district to
establish a policy and protocol, as specified, for dealing with
incidents of teen dating violence involving middle school and
high school students. AB 506 was held in the Assembly
Appropriations Committee.
AB 558 (Jackson) of 2000 authorizes age-appropriate instruction
in domestic violence prevention in grades 1-12 and requires the
California Department of Education to identify and distribute
information and a model curriculum to school districts and
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county offices of education. AB 558 was vetoed by Governor
Davis, with the following veto message:
"While I am supportive of efforts to reduce domestic violence, I
cannot support this bill for the following reasons. Existing law
already requires instruction in the principles and practices of
individual, family, and community health. In addition, if
districts chose to provide such instruction this bill could
result in redirections of up to $7 million away from core
academic programs. Any such issues should be addressed through
the annual Budget Act. Finally, this bill contains no provision
for parents to exempt their children from this instruction if
they so choose."
AB 578 (Honda) of 2000 requires the Superintendent of Public
Instruction to develop training standards for teachers on
domestic violence and sexual assault recognition and appropriate
prevention responses, and stipulates that the use of these
standards as optional for school districts. AB 578 was held in
the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Congress of Obstetricians and Gynecologists
California State Sheriffs' Association
California Teachers Association
Crime Victims United
Junior Leagues of California State Public Affairs Committee
Physicians for Reproductive Choice and Health
Planned Parenthood Affiliates of California (If Amended)
Planned Parenthood Los Angeles Advocacy Project (If Amended)
Planned Parenthood Mar Monte (If Amended)
Planned Parenthood of Orange and San Bernardino Counties (If
Amended)
Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo
Counties (If Amended)
Planned Parenthood Shasta-Diablo Action Fund (If Amended)
San Francisco Unified School District
Six Rivers Planned Parenthood (If Amended)
Violence Prevention Coalition of Orange County
Individuals (If Amended)
Opposition
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Asian Women's Shelter (Unless Amended)
Break the Cycle (Unless Amended)
California Partnership to End Domestic Violence (Unless Amended)
Domestic Violence and Sexual Assault Coalition (Unless Amended)
Family Violence Law Center (Unless Amended)
Gay-Straight Alliance Network (Unless Amended)
Human Options (Unless Amended)
Human Options Center for Children and Families (Unless Amended)
Humbolt Domestic Violence Services (Unless Amended
Mental Health America of Northern California (Unless Amended)
Next Door Solutions to Domestic Violence (Unless Amended)
Option House Inc. (Unless Amended)
Our Family Coalition (Unless Amended)
Peace Over Violence (Unless Amended)
PreventionWORKS (Unless Amended
Su Casa Ending Domestic Violence (Unless Amended)
The Trevor Project (Unless Amended)
Tri-Valley Haven (Unless Amended)
Walnut Avenue Women's Center (Unless Amended)
Wild Iris (Unless Amended)
Woman Inc. (Unless Amended)
Women Shelter of Long Beach (Unless Amended)
Women's Law Center (Unless Amended)
Individuals (Unless Amended)
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087