Bill Text: CA AB2932 | 2023-2024 | Regular Session | Amended
Bill Title: Pupil instruction: sextortion prevention.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed) 2024-05-02 - In Senate. Read first time. To Com. on RLS. for assignment. [AB2932 Detail]
Download: California-2023-AB2932-Amended.html
|
Amended
IN
Assembly
April 08, 2024 |
| Introduced by Assembly Member Joe Patterson (Coauthors: Assembly Members Alanis and Mathis) |
February 15, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
(1)The California Healthy Youth Act requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, sexual abuse, and human trafficking, from instructors trained in the appropriate courses.
This bill would require the comprehensive sexual health education and HIV prevention education to also include information about sextortion, as defined. By imposing additional duties on local educational agencies,
the bill would impose a state-mandated local program.
(2)Existing law authorizes a school district to provide abuse, including sexual abuse, and human trafficking prevention education, as provided.
This bill would authorize a school district to also provide sextortion prevention education, as provided.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 33546.2 is added to the Education Code, to read:33546.2.
(a) When the health curriculum framework is next revised, on or after January 1, 2025, the Instructional Quality Commission shall consider providing for inclusion, in that curriculum framework, content on sextortion.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, contraception, and sexually transmitted infections.
(c)“English learner” means a pupil as described in subdivision (a) of Section 306.
(d)“HIV prevention
education” means instruction on the nature of human immunodeficiency virus (HIV) and AIDS, methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS.
(e)“Instructors trained in the appropriate courses” means instructors with knowledge of the most recent medically accurate research on human sexuality, healthy relationships, pregnancy, and HIV and other sexually transmitted infections.
(f)“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.
(g)“Sextortion” means the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
(h)(1)“School district” includes
a county board of education, a
county superintendent of schools, the California School for the Deaf, and the California School for the Blind.
(2)Commencing with the 2019–20 school year, “school district” also includes a charter school.
(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific
behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. This instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on
the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, sexual abuse, sextortion, and human trafficking. Information on human trafficking shall include both of the following:
(A) Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(B)Information on how social media and mobile device applications are used for human
trafficking.
(11)Information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof.
(b)A school district may provide optional instruction, as part of comprehensive sexual health education and HIV prevention education, regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking Internet Web sites, computer networks, or other digital media.
(c)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education
earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (11), inclusive, of subdivision (a).
(a)A school district may provide abuse, including sexual abuse, sextortion, and human trafficking prevention education.
(b)(1)For purposes of this section, “abuse, including sexual abuse, sextortion, and human trafficking prevention education” means instruction on the prevalence and nature of abuse, including sexual abuse, sextortion,
and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(2)For purposes of this section, “sextortion” means the threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
(c)A parent or guardian of a pupil shall have the right to excuse their child from all or part of abuse, including sexual abuse,
sextortion, and human trafficking prevention education, and assessments related to that education, consistent with Section 51938.
(d)The department may make available on the department’s internet website information about the education described in this section, resources on abuse, including sexual abuse,
sextortion, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its county’s child welfare probation, mental health, public health, and sheriff’s departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse,
sextortion, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, sextortion, and human trafficking of pupils and other minors.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
