BILL ANALYSIS �
SCR 73
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Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SCR 73 (Yee) - As Amended: May 25, 2012
SENATE VOTE : 25-12
SUBJECT : School districts: child sexual abuse curriculum
SUMMARY : Encourages school districts to include age-appropriate
instruction related to child sexual abuse in the curriculum.
Specifically, this bill :
1)Stipulates that the purpose of including this instruction is
to help pupils understand the difference between appropriate
and inappropriate conduct in situations where child sexual
abuse could occur.
2)Encourages school districts to provide pupils with resources
on how to handle these potentially dangerous situations.
3)Makes various findings and declarations relative to child
sexual abuse and its harmful effects.
EXISTING LAW :
1)Requires the course of study in grades 1-6, inclusive to
include instruction in health, including instruction in the
principles and practices of individual, family, and community
health.
2)Defines "comprehensive health education programs" as
educational programs offered in kindergarten and grades 1-12,
inclusive, in the public schools including in-class or
out-of-class 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, and to include specified subjects.
3)Establishes the Carl Washington School Safety and Violence
Prevention Act and expresses intent that school sites
receiving funds, among other things, provide age-appropriate
instruction in domestic violence prevention, dating violence
prevention, and interpersonal violence prevention.
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4)Establishes the School/Law Enforcement Partnership between the
Superintendent of Public Instruction (SPI) and the Attorney
General and requires the partnership to sponsor at least two
regional conferences for school districts, county offices of
education and others. Stipulates that the conference may
include information on a series of topics including child
abuse prevention, detection and reporting.
5)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.
FISCAL EFFECT : This resolution has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS : This resolution encourages school districts to
include age-appropriate instruction related to child sexual
abuse in the curriculum.
According to the author, "Child sexual abuse has been reported
up to 80,000 times a year, but the number of unreported
instances is far greater because the children are afraid to tell
anyone what has happened, and the legal procedure for validating
an episode is difficult. Child sexual abuse can take place
within the home, by a parent, stepparent, sibling, or other
relative, as well as outside of the home by a friend, neighbor,
child care person, teacher, or stranger."
The Centers for Disease Control and Prevention (CDC) finds that
about one in five women and nearly one in seven men who ever
experienced rape, physical violence, and/or stalking by an
intimate partner, first experienced some form of partner
violence between 11 and 17 years of age. 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."
Health framework : The State Board of Education (SBE) adopted
the Health Framework for California Schools in 2002, which
provides guidance on topics to cover in health education in
kindergarten and grades 1-12, inclusive. The framework includes
content on child abuse, including sexual exploitation and
outlines relevant grade-level concepts and expectations that may
be introduced. Some examples of the concepts and expectations
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in the various grade levels include:
a) In kindergarten and grades 1-3: Develop and use
communication skills to tell others when touching is
unwanted.
b) In grades 4-6: Identify ways of obtaining help to seek
assistance if worried, abused, or neglected, information on
how to resist sexual abuse or exploitation may also be
presented.
c) In middle school: Avoid, recognize and respond to
negative social influences and pressure to become sexually
active, including applying refusal skills when appropriate.
d) In high school: Develop and use assertiveness skills and
learn self-defense techniques. Be aware of and be able to
obtain help provided for those who have been sexually
abused, molested, or assaulted.
School districts are not required to follow the health content
standards nor the frameworks, and the Education Code is
permissive and school districts may already provide such
instruction. Therefore, the approach taken by the author in
introducing a resolution to encourage this type of instruction
is appropriate.
Prevention: Several previous legislative efforts have centered
on teen dating violence/abuse (TDV/A) awareness and prevention
and including within the curriculum instruction on TDV/A
prevention and the promotion of healthy relationships.
The language in this resolution focuses on instruction related
to child abuse and on providing pupils with resources on how to
handle potential child abuse situations, but this resolution
does not mention resources for purposes of prevention.
Age-appropriate information on how to prevent potential
situations may also be helpful.
Arguments in support : The author states, "This measure would
declare that the Legislature encourages school districts to
include instruction related to child sexual abuse in their
curriculum in order to help pupils understand the difference
between appropriate and inappropriate conduct in situations
where child sexual abuse could occur, and to provide pupils with
resources on how to handle these potentially dangerous
situations."
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Related legislation : AB 1857 (Fong) authorizes school districts
to provide education programs that promote healthy relationships
and prevent teen dating abuse through curricular,
extracurricular, and school climate improvement activities, as
specified, and requires the Superintendent of Public Instruction
to post information about model curriculum programs on the
California Department of Education's Internet Web site. AB 1857
was held in the Assembly Appropriations Committee.
Previous legislation : AB 1373 (Fong) of 2011 authorizes school
districts to provide education programs that promote healthy
relationships and prevent TDV through curricular,
extracurricular, and school climate improvement activities, as
specified, and requires the SPI to post information about model
curriculum programs on the CDE's Internet Web site. AB 1373 was
held in the Assembly Appropriations Committee.
SB 13 (Correa) of 2011 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 failed
passage in the Senate Education Committee.
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 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.
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REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087