Senate Bill No. 1165

Introduced by Senators Mitchell and Block

February 20, 2014

An act to amend Sections 51930, 51931, 51936, 51937, 51938, and 51939 of, to add Section 51902 to, and to add Article 3.5 (commencing with Section 51934.5) to Chapter 5.6 of Part 28 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 1165, as introduced, Mitchell. Pupil instruction: dating violence, sexual abuse, and sex trafficking prevention education.

Existing law requires the Instructional Quality Commission, during the next revision of the publication “Health Framework for California Public Schools,” to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health, as specified.

This bill would require the commission, during the next revision of that publication, to consider, develop, and recommend for adoption by the state board, a distinct category on dating violence, sexual abuse, and sex trafficking prevention education, as specified.

Existing law, the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act, authorizes school districts to provide comprehensive sexual health education, as defined, in kindergarten and grades 1 to 12, inclusive, and requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, unless the pupil is excused, as specified.

This bill would also authorize a school district to provide dating violence, sexual abuse, and sex trafficking prevention education, as defined, and would require a school district that elects to offer this instruction to ensure that each pupil receives the instruction at least once in junior high or middle school, and at least once in high school. The bill would encourage school districts to collaborate with outside consultants with expertise in dating violence, sexual abuse, and sex trafficking prevention education in order to create school safety plans to address these issues. The bill would make conforming and nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 51902 is added to the Education Code,
to read:

51902.  

During the next revision of the publication “Health
Framework for California Public Schools” (health framework) the
Instructional Quality Commission shall consider, develop, and
recommend for adoption by the state board, a distinct category on
dating violence, sexual abuse, and sex trafficking prevention
education that includes, but is not limited to, all of the following:

(a) Information on dating violence and sexual abuse, and
discussion of prevention strategies and local resources for potential
victims, including how to report an incident.

(b) Discussion of healthy boundaries for familial and dating
relationships; how to recognize potentially harmful and abusive
relationships or dangerous dating situations; development of refusal
skills to overcome peer pressure; and effective decisionmaking
skills to avoid high-risk activities.

(c) Information on sex trafficking, and the recruiting tactics of
traffickers and peer recruiters, including recruitment through the
Internet.

(d) Discussion of legal aspects of sexual violence and sex
trafficking under state and federal laws.

(e) Discussion of how culture, mass media, and other people
influence and desensitize our perceptions of dating violence, sexual
abuse, and sex trafficking, including, but not limited to, stereotypes
and myths regarding persons who have been abused or trafficked.
This instruction shall emphasize compassion for persons who have
suffered from abuse or trafficking, and encourage positive reentry
experiences for survivors returning to the school system.

SEC. 2.  

Section 51930 of the Education Code is amended to
read:

51930.  

(a) This chapter shall be known and may be cited as
the California Comprehensive Sexual Health and HIV/AIDS
Prevention Education Act.

(b) The purposes of this chapter are as follows:

(1) To provide a pupil with the knowledge and skills necessary
to protect his or her sexual and reproductive health from unintended
pregnancy and sexually transmitted diseases.

(2) To encourage a pupil to develop healthy attitudes concerning
adolescent growth and development, body image, gender roles,
sexual orientation, dating, marriage, and family.

begin insert

(3) To provide a pupil with the knowledge and skills necessary
to protect himself or herself from dating violence, sexual abuse,
and sex trafficking.

end insert

SEC. 3.  

Section 51931 of the Education Code is amended to
read:

51931.  

For the purposes of this chapter, the following
definitions apply:

(a) “Age appropriate” refers to 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.

(b) “Comprehensive sexual health education” means education
regarding human development and sexuality, including education
on pregnancy, family planning, and sexually transmitted diseases.

begin insert

(c) “Dating violence, sexual abuse, and sex trafficking
prevention education” means instruction on the prevalence and
nature of dating violence, sexual abuse, and sex trafficking,
strategies to reduce their risk, and how to safely report an incident.

end insert begin delete

(c)

end delete

begin insert (d) end insert  “English learner” means a pupil as described in subdivision
(a) of Section 306.

begin delete

(d)

end delete

begin insert (e) end insert  “HIV/AIDS prevention education” means instruction on the
nature of HIV/AIDS, methods of transmission, strategies to reduce
the risk of human immunodeficiency virus (HIV) infection, and
social and public health issues related to HIV/AIDS. For begin delete the end delete
purposes of this chapter, “HIV/AIDS prevention education” is not
comprehensive sexual health education.

begin delete

(e)

end delete

begin insert (f) end insert  “Instructors trained in the appropriate courses” means
instructors with knowledge of the most recent medically accurate
research on human sexuality, pregnancy, and sexually transmitted
begin delete diseases. end delete begin insert diseases, and the knowledge of essential concepts on
preventing dating violence, sexual abuse, and sex trafficking. end insert

begin delete

(f)

end delete

begin insert (g) end insert  “Medically accurate” means verified or supported by
research conducted in compliance with scientific methods and
published in peer-reviewed journals, where appropriate, and
recognized as accurate and objective by professional organizations
and agencies with expertise in the relevant field, such as the federal
Centers for Disease Control and Prevention, the American Public
Health Association, the American Academy of Pediatrics, and the
American College of Obstetricians and Gynecologists.

begin delete

(g)

end delete

begin insert (h) end insert  “School district” includes county boards of education, county
superintendents of schools, the California School for the Deaf, and
the California School for the Blind.

SEC. 4.  

Article 3.5 (commencing with Section 51934.5) is
added to Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Article 3.5.  Dating Violence, Sexual Abuse, and Sex Trafficking
Prevention Education

 

51934.5.  

(a) A school district may provide dating violence,
sexual abuse, and sex trafficking prevention education.

(b) If a school district provides dating violence, sexual abuse,
and sex trafficking prevention education, it shall ensure that the
education is from instructors trained in the appropriate courses.
The school district shall also ensure that each pupil receives this
instruction at least once in junior high or middle school, and at
least once in high school.

(c) Dating violence, sexual abuse, and sex trafficking prevention
education, whether taught by school district personnel or outside
consultants, shall satisfy all of the criteria set forth in paragraphs
(1) through (6), inclusive, of subdivision (b) of, and paragraphs
(1) and (2) of subdivision (d) of, Section 51933.

(d) Instruction and materials shall include the following:

(1) Information on dating violence and sexual abuse, and
discussion of prevention strategies and local resources for potential
victims, including how to report an incident.

(2) Discussion of healthy boundaries for familial and dating
relationships; how to recognize potentially harmful and abusive
relationships or dangerous dating situations; development of refusal
skills to overcome peer pressure; and effective decisionmaking
skills to avoid high-risk activities.

(3) Information on sex trafficking, and the recruiting tactics of
traffickers and peer recruiters, including recruitment through the
Internet.

(4) Discussion of legal aspects of sexual violence and sex
trafficking under state and federal laws.

(5) Discussion of how culture, mass media, and other people
influence and desensitize our perceptions of dating violence, sexual
abuse, and sex trafficking, including, but not limited to, stereotypes
and myths regarding persons who have been abused or trafficked.
This instruction shall emphasize compassion for persons who have
suffered from abuse or trafficking, and encourage positive reentry
experiences for survivors returning to the school system.

(e) The department may develop model curricula on dating
violence, sexual abuse, and sex trafficking prevention education
available to school districts on the department’s Internet Web site.

51934.6.  

(a) A school district is encouraged to collaborate
with outside consultants with expertise in dating violence, sexual
abuse, and sex trafficking prevention education in order to create
a school safety plan to address the threat of dating violence, sexual
abuse, and sex trafficking.

(b) A school district is encouraged to collaborate with law
enforcement on a referral protocol for high-risk pupils and minors.

(c) In-service training may be conducted periodically to enable
school district personnel to learn new developments in the
understanding of dating violence, sexual abuse, and sex trafficking,
and to receive instruction on current prevention efforts and
methods. A school district is encouraged to include training on
early identification and mandated reporting of dating violence,
sexual abuse, and sex trafficking of pupils and minors.

SEC. 5.  

Section 51936 of the Education Code is amended to
read:

51936.  

begin delete School districts end delete begin insert A school district end insert may contract with
outside consultants with expertise in comprehensive sexual health
begin delete education or end delete begin insert education, end insert HIV/AIDS prevention education, or begin delete both, end delete
begin insert dating violence, sexual abuse, and sex trafficking prevention
education, end insert including those who have developed multilingual
curricula or curricula accessible to persons with disabilities, to
deliver the instruction or to provide training for school district
personnel.

SEC. 6.  

Section 51937 of the Education Code is amended to
read:

51937.  

It is the intent of the Legislature to encourage pupils
to communicate with their parents or guardians about human
begin delete sexuality and end delete begin insert sexuality, end insert HIV/AIDS begin insert , and dating violence, sexual
abuse, and sex trafficking, end insert and to respect the rights of parents or
guardians to supervise their children’s education on these subjects.
The Legislature intends to create a streamlined process to make it
easier for parents and guardians to review materials and evaluation
tools related to comprehensive sexual health begin delete education and end delete
begin insert education, end insert HIV/AIDS prevention education, begin insert and dating violence,
sexual abuse, and sex trafficking prevention education, end insert and, if they
wish, to excuse their children from participation in all or part of
that instruction or evaluation. The Legislature recognizes that while
parents and guardians overwhelmingly support medically accurate,
comprehensive sex education, parents and guardians have the
ultimate responsibility for imparting values regarding human
sexuality to their children.

SEC. 7.  

Section 51938 of the Education Code is amended to
read:

51938.  

A parent or guardian of a pupil has the right to excuse
their child from all or part of comprehensive sexual health
education, HIV/AIDS prevention education, begin insert dating violence, sexual
abuse, and sex trafficking prevention education, end insert and assessments
related to that education, as follows:

(a) At the beginning of each school year, or, for a pupil who
enrolls in a school after the beginning of the school year, at the
time of that pupil’s enrollment, each school district shall notify
the parent or guardian of each pupil about instruction in
comprehensive sexual health begin delete education and end delete begin insert education, end insert HIV/AIDS
prevention education begin insert , and dating violence, sexual abuse, and sex
trafficking prevention education, end insert and research on pupil health
behaviors and risks planned for the coming year. The notice shall
do all of the following:

(1) Advise the parent or guardian that begin insert the end insert written and audiovisual
educational materials used begin delete in comprehensive sexual health
education and HIV/AIDS prevention education end delete are available for
inspection.

(2) Advise the parent or guardian whether the comprehensive
sexual health begin delete education or end delete begin insert education, end insert HIV/AIDS prevention
education begin insert , or dating violence, sexual abuse, and sex trafficking
prevention education end insert will be taught by school district personnel
or by outside consultants. A school district may provide
begin delete comprehensive sexual health education or HIV/AIDS prevention
education, to be taught by end delete begin insert this instruction through end insert outside
consultants, and may hold an assembly to deliver begin delete comprehensive
sexual health education or HIV/AIDS prevention education end delete begin insert this
instruction end insert by guest speakers, but if begin delete it end delete begin insert the school district end insert elects to
provide begin delete comprehensive sexual health education or HIV/AIDS
prevention education end delete begin insert this instruction end insert in begin delete either end delete begin insert any end insert of these manners,
the notice shall include the date of the instruction, the name of the
organization or affiliation of each guest speaker, and information
stating the right of the parent or guardian to request a copy of this
section, Section 51933, begin delete and end delete Section begin delete 51934. end delete begin insert 51934, and Section
51934.5. end insert If arrangements for this instruction are made after the
beginning of the school year, notice shall be made by mail or
another commonly used method of notification, no fewer than 14
days before the instruction is delivered.

(3) Include information explaining the parent’s or guardian’s
right to request a copy of this chapter.

(4) Advise the parent or guardian that the parent or guardian
may request in writing that his or her child not receive
begin delete comprehensive sexual health education or HIV/AIDS prevention
education end delete begin insert instruction pursuant to this chapter end insert .

(b) Notwithstanding Section 51513, anonymous, voluntary, and
confidential research and evaluation tools to measure pupils’ health
behaviors and risks, including tests, questionnaires, and surveys
containing age-appropriate questions about the pupil’s attitudes
concerning or practices relating to sex may be administered to any
pupil in grades 7 to 12, inclusive, if the parent or guardian is
notified in writing that this test, questionnaire, or survey is to be
administered and the pupil’s parent or guardian is given the
opportunity to review the test, questionnaire, or survey and to
request in writing that his or her child not participate.

(c) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (a) is within the discretion of the
school district.

SEC. 8.  

Section 51939 of the Education Code is amended to
read:

51939.  

(a) A pupil may not attend any class in comprehensive
sexual begin delete education or end delete begin insert education, end insert HIV/AIDS prevention education,
begin insert or dating violence, sexual abuse, and sex trafficking prevention
education, end insert or participate in any anonymous, voluntary, and
confidential test, questionnaire, or survey on pupil health behaviors
and risks, if the school has received a written request from the
pupil’s parent or guardian excusing the pupil from participation.

(b) A pupil may not be subject to disciplinary action, academic
penalty, or other sanction if the pupil’s parent or guardian declines
to permit the pupil to receive begin delete comprehensive sexual health
education or HIV/AIDS prevention education end delete begin insert instruction pursuant
to this chapter, end insert or to participate in anonymous, voluntary, and
confidential tests, questionnaires, or surveys on pupil health
behaviors and risks.

(c) While begin delete comprehensive sexual health education, HIV/AIDS
prevention education, end delete begin insert instruction pursuant to this chapter, end insert or
anonymous, voluntary, and confidential test, questionnaire, or
survey on pupil health behaviors and risks is being administered,
an alternative educational activity shall be made available to pupils
whose parents or guardians have requested that they not receive
the instruction or participate in the test, questionnaire, or survey.