Amended in Senate April 3, 2014

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 amended, Mitchell. Pupil instruction: begin delete dating violence, sexual abuse, end delete begin insert sexual abuse end insert 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 begin delete dating violence, sexual abuse, end delete begin insert sexual abuse end insert 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 begin delete dating violence, sexual abuse, end delete begin insert sexual abuse end insert 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 begin delete dating violence, sexual abuse, end delete begin insert sexual abuse end insert 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
begin delete dating violence, sexual abuse, end delete begin insert sexual abuse end insert and sex trafficking
prevention education that includes, but is not limited to, all of the
following:

(a) Information on begin delete dating violence and sexual abuse, and end delete
begin insert different forms of sexual abuse and assault; end insert discussion of
prevention begin delete strategies end delete begin insert strategies; how to report sexual abuse or
suspected sexual abuse; end insert and local resources for begin delete potential end delete begin delete victims,
including how to report an incident. end delete begin insert victims. end insert

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

(c) Information on sex begin delete trafficking, and end delete begin insert trafficking and risk
factors; end insert the recruiting tactics of begin insert sex end insert traffickers and peer recruiters,
including recruitment through the begin delete Internet. end delete begin insert Internet; how to report
sex trafficking or suspected sex trafficking; and local resources
for victims. end insert

(d) Discussion of legal aspects of sexual begin delete violence end delete begin insert abuse end insert and
sex trafficking under state and federal laws.

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

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.

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

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.

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

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

(e) “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 purposes
of this chapter, “HIV/AIDS prevention education” is not
comprehensive sexual health education.

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

(g) “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.

(h) “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.  begin delete Dating Violence, end delete Sexual begin delete Abuse, end delete begin insert Abuse end insert and Sex
Trafficking Prevention Education

 

51934.5.  

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

(b) If a school district provides begin delete dating violence, end delete sexual begin delete abuse, end delete
begin insert abuse end insert 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)  begin delete Dating violence, sexual abuse, end delete begin insert Sexual abuse end insert 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) begin delete through end delete begin insert to end insert (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 begin delete on dating violence and sexual abuse, and end delete begin insert on
different forms of sexual abuse and assault; end insert discussion of
prevention begin delete strategies end delete begin insert strategies; how to report sexual abuse or
suspected sexual abuse; end insert and local resources for begin delete potential end delete begin delete victims,
including how to report an incident. end delete begin insert victims. end insert

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

(3) Information on sex begin delete trafficking, and end delete begin insert trafficking and risk
factors; end insert the recruiting tactics of begin insert sex end insert traffickers and peer recruiters,
including recruitment through the begin delete Internet. end delete begin insert Internet; how to report
sex trafficking or suspected sex trafficking; and local resources
for victims. end insert

(4) Discussion of legal aspects of sexual begin delete violence end delete begin insert abuse end insert and
sex trafficking under state and federal laws.

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

(e) The department may develop model curricula on begin delete dating
violence, end delete sexual begin delete abuse, end delete begin insert abuse end insert and sex trafficking prevention
education available to school districts on the department’s Internet
Web site. begin insert The department may include a guide for parents on its
Internet Web site. end insert

51934.6.  

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

SEC. 5.  

Section 51936 of the Education Code is amended to
read:

51936.  

A school district may contract with outside consultants
with expertise in comprehensive sexual health education,
HIV/AIDS prevention education, or begin delete dating violence, sexual abuse, end delete
begin insert sexual abuse end insert and sex trafficking prevention education, 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
sexuality, HIV/AIDS, begin delete and dating violence, end delete sexual abuse, and sex
trafficking, 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 education, HIV/AIDS
prevention education, and begin delete dating violence, end delete sexual begin delete abuse, end delete begin insert abuse end insert
and sex trafficking prevention education, 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 delete dating violence, end delete sexual
begin delete abuse, end delete begin insert abuse end insert and sex trafficking prevention education, 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 education, HIV/AIDS prevention
education, and begin delete dating violence, sexual abuse, end delete begin insert sexual abuse end insert and
sex trafficking prevention education, 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 the written and audiovisual
educational materials used are available for inspection.

(2) Advise the parent or guardian whether the comprehensive
sexual health education, HIV/AIDS prevention education, or begin delete dating
violence, sexual abuse, end delete begin insert sexual abuse end insert and sex trafficking prevention
education will be taught by school district personnel or by outside
consultants. A school district may provide this instruction through
outside consultants, and may hold an assembly to deliver this
instruction by guest speakers, but if the school district elects to
provide this instruction in any 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,
begin delete Section 51933, Section end delete begin insert and Sections 51933, end insert 51934, and begin delete Section end delete
51934.5. 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 instruction
pursuant to this chapter.

(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 education, HIV/AIDS prevention education, or begin delete dating
violence, sexual abuse, end delete begin insert sexual abuse end insert and sex trafficking prevention
education, 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 instruction pursuant to this chapter,
or to participate in anonymous, voluntary, and confidential tests,
questionnaires, or surveys on pupil health behaviors and risks.

(c) While instruction pursuant to this chapter, 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.