Bill Text: CA SB1165 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil instruction: sexual abuse and sex trafficking prevention education.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 713, Statutes of 2014. [SB1165 Detail]

Download: California-2013-SB1165-Amended.html

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BILL NUMBER: SB 1165	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 3, 2014

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:  dating
violence, sexual abuse,   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,   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,   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,
  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,   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
  different forms of sexual abuse and assault; 
discussion of prevention  strategies  
strategies; how to report sexual abuse or suspected sexual abuse;
 and local resources for  potential  
victims, including how to report an incident.   victims.

   (b) Discussion of healthy boundaries for  familial and
dating  relationships; how to recognize potentially harmful
and abusive  relationships or dangerous dating situations;
development of   relationships; and  refusal skills
to overcome peer  pressure; and effective decisionmaking
skills   pressure and  to avoid high-risk
activities.
   (c) Information on sex  trafficking, and  
trafficking and risk factors;  the recruiting tactics of 
sex  traffickers and peer recruiters, including recruitment
through the  Internet.   Internet; how to report
sex trafficking or suspected sex trafficking; and local resources
for victims. 
   (d) Discussion of legal aspects of sexual  violence
  abuse  and sex trafficking under state and
federal laws.
   (e) Discussion of how  culture, mass media, and other
people   culture and mass medi   a 
influence and desensitize our perceptions of  dating
violence,  sexual  abuse,   abuse 
and sex trafficking, including, but not limited to, stereotypes and
myths  regarding persons who have been abused or trafficked.
  about the victims and abusers, victim blaming, and the
role of language.  This instruction shall emphasize compassion
for  persons   people  who have suffered
from  sexual  abuse or  sex  trafficking, and
 encourage   support  positive reentry
experiences for survivors returning to  the school system.
  school. 
  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  dating violence, 
sexual  abuse,   abuse  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)  "Dating violence, sexual abuse,  
"Sexual   abuse  and sex trafficking prevention
education" means instruction on the prevalence and nature of 
dating violence,  sexual  abuse,  
abuse  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
 dating violence,  sexual  abuse, 
 abuse  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.   Dating Violence,  Sexual
 Abuse,   Abuse  and Sex Trafficking
Prevention Education


   51934.5.  (a) A school district may provide  dating
violence,  sexual  abuse,   abuse 
and sex trafficking prevention education.
   (b) If a school district provides  dating violence,
 sexual  abuse,   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,   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
  to  (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
  on differe   nt forms of sexual abuse and
assault;  discussion of prevention  strategies 
 strategies; how to report sexual abuse or suspected sexual
abuse;  and local resources for potential 
 victims, including how to report an incident.  
victims. 
   (2) Discussion of healthy boundaries for  familial and
dating  relationships; how to recognize potentially harmful
and abusive  relationships or dangerous dating situations;
development of   relationships; and  refusal skills
to overcome peer  pressure; and effective decisionmaking
skills   pressure and  to avoid high-risk
activities.
   (3) Information on sex  trafficking, and  
trafficking and risk factors;  the recruiting tactics of 
sex  traffickers and peer recruiters, including recruitment
through the  Internet.   Internet; how to report
sex trafficking or suspected sex trafficking; and local resources
for victims. 
   (4) Discussion of legal aspects of sexual  violence
  abuse  and sex trafficking under state and
federal laws.
   (5) Discussion of how  culture, mass media, and other
people   culture and mass media  influence and
desensitize our perceptions of  dating violence, 
sexual  abuse,   abuse  and sex
trafficking, including, but not limited to, stereotypes and myths
 regarding persons who have been abused or trafficked.
  about the victims and abusers, victim blaming, and the
role of language.  This instruction shall emphasize compassion
for  persons   people who have suffered
from  sexual  abuse or  sex  trafficking, and
 encourage  support  positive reentry
experiences for survivors returning to  the school system.
  school. 
   (e) The department may develop model curricula on  dating
violence,  sexual  abuse,   abuse 
and sex trafficking prevention education available to school
districts on the department's Internet Web site.  The department
may include a guide for parents on its Internet Web site. 
   51934.6.  (a) A school district is encouraged to collaborate with
outside consultants with expertise in  dating violence,
sexual abuse,   sexual abuse  and sex trafficking
prevention education in order to create a school safety plan to
address the threat of  dating violence, sexual abuse,
  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,   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,   abuse  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  dating violence, sexual abuse,
  sexual abuse  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,  and dating violence,  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  dating violence,  sexual 
abuse,   abuse  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,  dating violence,
 sexual  abuse,   abuse  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  dating violence, sexual abuse,   sexual
abuse  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  dating
violence, sexual abuse,   sexual abuse  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,  Section 51933, Section  
and Sections 51933,  51934, and Section 
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  dating
violence, sexual abuse,   sexual abuse  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.