BILL ANALYSIS �
AB 1373
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Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1373 (Fong) - As Amended: March 30, 2011
SUBJECT : Healthy relationships promotion and teen dating
violence prevention
SUMMARY : Authorizes school districts to provide education
programs that promote healthy relationships and prevent teen
dating violence (TDV) through curricular, extracurricular, and
school climate improvement activities, as specified, and
requires the Superintendent of Public Instruction (SPI) to post
information about model curriculum programs on the California
Department of Education's (CDE) Internet Web site.
Specifically, this bill :
1)Expresses the intent of the Legislature that the SPI
encourages districts to provide, to pupils in grades 7-12,
inclusive, programs that promote healthy relationships and
prevent TDV.
2)States the intent of the Legislature that public schools
serving pupils in grades 7 to 12, inclusive, have access to
model education programs and materials designed to promote
healthy relationships and prevent TDV among pupils.
3)Authorizes a school district to provide education programs to
promote healthy relationships and to prevent TDV to pupils in
grades 7 to 12, inclusive, through curricular,
extracurricular, and school climate-improvement activities,
and authorizes school districts to work in partnership with
parents, caregivers, and youth, domestic violence, sexual
assault, or other appropriate community-based organizations to
provide these education programs.
4)Requires school districts that choose to provide education
programs that promote healthy relationships and prevent TDV to
use research-based materials that are appropriate for pupils
of all races, genders, sexual orientations, gender identities,
and ethnic and cultural backgrounds, and for pupils with
disabilities.
5)Requires the SPI to post on the CDE's Internet Web site
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information about model education programs designed to promote
healthy relationships and prevent TDV among pupils.
6)Requires the information provided on the CDE's Internet Web
site to include, but not be limited to, all of the following:
a) The legal obligations of schools to respond to and
prevent TDV under existing federal and state law;
b) Model school TDV prevention policies; and,
c) Model school healthy relationships promotion and TDV
prevention curriculum and education programs.
7)Requires, in compiling the information to post on the CDE's
Internet Web site, the SPI to seek input from other public
agencies and private nonprofit organizations with experience
providing education programs that promote healthy
relationships and prevent TDV, and authorizes the SPI to
include appropriate materials developed by those agencies or
organizations on the CDE's Internet Web site.
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 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.
FISCAL EFFECT : Unknown
COMMENTS : This bill authorizes school districts to provide
education programs to promote healthy relationships and to
prevent TDV in grades 7 to 12, inclusive, through curricular,
extracurricular, and school climate-improvement activities, and
authorizes school districts to partner with parents, caregivers,
and youth, domestic violence, sexual assault, or other
appropriate community-based organizations to provide these
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programs. Additionally, this bill requires school districts
that choose to provide such education programs, to use
research-based materials that are appropriate for pupils of all
races, genders, sexual orientations, gender identities, and
ethnic and cultural backgrounds, and for pupils with
disabilities. This bill does not require school districts to
provide this type of instruction; and since the Education Code
is permissive, an argument can be made that districts can
already provide this type of instruction and/or activities and
that legislation is not necessary to provide such authorization
to school districts. However, the bill does establish basic
parameters to ensure the programs are research-based,
appropriate and accessible for all pupils, but leaves it up to
the districts to determine, if and how healthy relationships
education and TDV prevention programs should be provided.
The problem: The Centers for Disease Control and Prevention
(CDC) finds that one in four adolescents report verbal,
physical, emotional, or sexual abuse from a dating partner each
year, and according to the author, a substantial number of TDV
incidents occur in school buildings and on school grounds. A
2009 nationwide survey of the CDC further finds that, 9.8% of
high school students report being hit, slapped, or physically
hurt on purpose by their boyfriend or girlfriend in the 12
months prior to the survey. Unhealthy, abusive or violent
relationships can have short term and long term negative effects
or consequences on student victims. According to the CDC,
"Teens who are victims are more likely to be depressed and do
poorly in school. They may engage in unhealthy behaviors, like
using drugs and alcohol, and are more likely to have eating
disorders. Some teens even think about or attempt suicide." To
the extent that TDV affects pupil's academic achievement and
threatens school safety, an argument could be made that schools
have a responsibility to provide a safe learning environment for
all students and that might include providing education on how
to prevent TDV.
In 2008, the California Attorney General's Office published, "A
Guide to Addressing Teen Dating and Sexual Violence in a School
Setting," encouraging schools to integrate TDV prevention
education into existing curricula. The document notes, "It is
important to remember that violence prevention education can and
should be implemented not at the expense of academic
achievement, but as a means to ensuring it. Schools have the
opportunity to integrate teen dating violence prevention
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education into existing school curricula in many ways. Education
can be embedded in health or life skills classes and in other
academic electives such as psychology, peer counseling, and
sociology."
Healthy relationships and TDV prevention education : A policy
guide produced by the Family Violence Prevention Fund and Break
the Cycle entitled, "A School Policy to Increase Student Safety:
Promote Healthy Relationships and Prevent Teen Dating Violence
Through Improved School Climate," points out that prevention
education should address two core objectives: promoting healthy
teen relationships, and preventing and responding to teen dating
abuse. Education on promoting healthy teen relationships, may
include, but is not limited to:
1) Identifying characteristics of healthy and caring
relationships and how to promote them;
2) Modeling respectful behavior in daily life;
3) Recognizing gender equity and gender norms and their
effects on young people's ability to make and implement
decisions regarding their relationships;
4) Learning communication and other skills essential to
healthy relationships; and
5) Providing opportunities for youth-developed and
youth-led strategies to promote positive relationship
norms.
A 2008 document produced by the Crime and Violence Prevention
Center of the California Attorney General's Office, TDV
prevention education programs should, among other strategies:
1) Provide a definition of dating violence or relationship
abuse that include physical, sexual, verbal, and emotional
or psychological abuse;
2) Identify power and control issues as they relate to TDV;
3) Alter beliefs and attitudes that blame victims of
violence;
4) Be culturally competent and accessible;
5) Encourage bystander accountability and peer
interventions;
6) Encourage help-seeking behaviors;
7) Address gender role stereotypes; and,
8) Change social norms that permit or support abuse.
This bill does not prescribe specific programs for districts to
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use nor does it dictate what the programs should include.
Instead, this bill authorizes school districts to partner with
community-based organizations to provide instruction and
activities to promote healthy relationships and prevent TDV.
Additionally, this bill requires the SPI to provide information
via the CDE's website on model programs and requires the SPI to
seek input from public agencies and nonprofit organizations with
experience in providing such educational programs. The author
states that for over 15 years, using federal and state funds for
domestic violence intervention/prevention and private grants,
local domestic violence and sexual assault agencies have
partnered with schools to provide TDV prevention education. A
school can make a request to a local domestic violence
prevention organization to provide education sessions to fit the
school's needs and available time. The education sessions can
be provided during classes such as health, English, history,
social studies, civics, gym class and lunch. In consideration
of the reduction in resources that school districts have
experienced in recent years, partnerships with local domestic
violence or other appropriate community-based organizations may
provide opportunities for expanding access to violence
prevention education.
Suggested amendments : This bill authorizes school districts to
work in partnership with specified individuals, domestic
violence, sexual assault, or other "appropriate" community based
organizations. It is unclear, however as to who would make the
determination of appropriateness. Staff recommends an amendment
to clarify that other organizations as "deemed appropriate by
the school district" could be allowed to partner with the school
district.
Similarly, the bill requires the SPI to include on the CDE's
Internet Web site "appropriate materials" developed by agencies
that the SPI seeks input from for purposes of promoting healthy
relationships and preventing TDV. As currently written the bill
could possibly be interpreted to mean that if a particular
organization believes its program is appropriate, that it should
be included on the CDE's Web site, however the SPI should have
the ability to make the determination of which materials are
appropriate to include on the CDE's Internet Web site. Staff
recommends an amendment to clarify that the SPI has the
discretion to determine which programs or materials are
appropriate.
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Arguments in support : The Los Angeles Unified School District
writes, "Research indicates that students who perpetrate or are
victimized by teen dating violence at an early age are more
likely to be involved in such incidents in their adult lives.
An estimated 20% to 33% of teens report experiencing some form
of abuse in their dating and relationship experience.
Partnering with parents and community-based organizations will
enable us to develop well rounded, research-based programs and
strategies in the hopes of stemming this epidemic. The overall
safety of students in and out of the classroom is essential to
cultivating a constructive learning environment. Addressing
these prevalent issues will not only impact their emotional and
physical well-being, but should also lead to better overall
student achievement."
Related legislation : SB 13 (Correa) establishes the Teen Dating
Violence Prevention Education Act, 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 an
opportunity for parents to opt their children out of this
instruction. Requires the inclusion of TDV prevention education
in the heath curriculum framework, and codifies several
definitions. SB 13 is pending in the Senate Education
Committee.
Prior legislation : SB 1300 (Correa) of 2010 establishes the
Teen Dating Violence Prevention Education Act, 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 an
opportunity for parents to opt their children out of this
instruction. Requires the inclusion of TDV prevention education
in the heath curriculum framework, and codifies several
definitions relative to TDV. AB 1300 failed passage in the
Assembly Education Committee.
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 1373
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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
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
A Window Between Worlds
Break the Cycle
California Commission of the Status of Women
California Family Health Council
California Medical Association
California Nurses Association
California School Health Centers Association
California Teachers Association
Center for Domestic Peace
Central California Family Crisis Center
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Community Overcoming Relationship Abuse
Domestic Violence and Sexual Assault Coalition
Domestic Violence Center of the Santa Clarita Valley
Domestic Violence Center of the Santa Clarita Valley
Family Violence Law Center
Family Violence Prevention Fund
Haven Hills, Inc.
Jewish Family Service of Los Angeles
Laura's House
Los Angeles Unified School District
Mountain Crisis Services
New Testament Baptist Church
Next Door Solutions To Domestic Violence
Peace Over Violence
Planned Parenthood Advocacy Project Los Angeles County
Planned Parenthood Mar Monte
Planned Parenthood Shasta Pacific
Rainbow Services
Safe Alternatives to Violent Environments
Shasta Women's Refuge
STAND! For Families Free of Violence
Violence Prevention Coalition
Women Shelter of Long Beach
Youth Alive!
Many individuals
Opposition
None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087