Amended IN Senate April 10, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 334Introduced by Senator ReyesFebruary 12, 2025 An act to amend Sections 33315 and Section 51934 of, and to add Sections 221.62, 33546.6, 48900.01, and 49057 and 48900.1 to, and to add Article 9 (commencing with Section 49398) to Chapter 8 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.LEGISLATIVE COUNSEL'S DIGESTSB 334, as amended, Reyes. Pupil instruction: sexual harassment: Title IX harassment, sexual assault, and sexual abuse prevention: safety.(1) Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Existing state law, the Sex Equity in Education Act, requires public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their internet websites specified information relating to Title IX.Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided.This bill would, upon approval by the Attorney General, would require the department State Department of Education to make available on a certain internet website and update, as necessary, (A) review specified training materials related to sexual harassment that were developed for use by pupils and pupils parents or guardians by the Redlands Unified School District pursuant to a stipulated judgment, as provided. (B) revise the training materials, as necessary, to make them appropriate for a statewide audience, and (C) make the revised training materials available on its internet website. The bill would require the department to, on or before January 1, 2028, (A) review the existing California School Climate, Health, and Learning Surveys system to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated, as provided, and (B) evaluate and assess the regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation. provided.The bill would declare the first 2 full weeks in April and the first 2 full weeks in September as Title IX Sexual Harassment Safety Weeks, during which time the bill would require all public schools, including charter schools, to focus on fostering a safe and secure environment for all members of the school community with and place an emphasis on Title IX safety, resources, and awareness. preventing sexual harassment, sexual assault, and sexual abuse, as provided. By imposing new duties on schools, the bill would impose a state-mandated local program. The bill would encourage public schools to host interactive activities that cover school policies related to Title IX preventing sexual harassment, sexual assault, and sexual abuse, and prominently post specified resources and information about Title IX safety preventing those acts on the schools digital platform, as provided. The bill would encourage school districts, county offices of education, and charter schools to, in coordination with their Title IX coordinator, specified personnel, send a written notice to the school community highlighting the Title IX Sexual Harassment Safety Weeks.(2) Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education. Existing law, the California Healthy Youth Act, requires school districts, charter schools, county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind 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. The act requires that instruction to include, among other things, information about sexual assault, sexual harassment, sexual abuse, and human trafficking, as provided. This bill would require the commission, when the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve is next revised on or after January 1, 2026, to consider including in that curriculum framework information related to, among other things, the Uniform Complaint Procedures, Title IX, and what a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, as provided. The bill would encourage the same information to also be provided as part of the instruction required under the comprehensive sexual health education and HIV prevention education provisions.(3) Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts, including acts of sexual harassment and sexual assault, as provided.This bill would require school districts, county offices of education, and charter schools to, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences that the local educational agency may impose on a pupil for carrying out acts of (A) committing or attempting to commit a sexual assault or committing a sexual battery, (B) cyber sexual bullying, or (C) sexual harassment, as provided. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.(4) 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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 221.62 is added to the Education Code, to read:221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.SEC. 2.Section 33315 of the Education Code is amended to read:33315.(a)The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:(1)The Uniform Complaint Procedures shall apply to all of the following:(A)Adult education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.(B)Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.(C)Migrant child education established pursuant to Sections 54440 to 54445, inclusive.(D)Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.(E)Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.(F)The filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a persons association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.(G)Lactation accommodations pursuant to Section 222.(H)Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements for foster youth, homeless youth, and other youth pursuant to Section 51225.1.(I)Pupil fees pursuant to Sections 49010 to 49013, inclusive.(J)Courses of study pursuant to Section 51228.3.(K)Instructional minutes for physical education pursuant to Section 51223.(L)Local control and accountability plans pursuant to Section 52075.(M)Juvenile court schools pursuant to Section 48645.7.(N)School safety plans pursuant to Section 32289.(O)Deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 8212.(P)School or athletic team names, mascots, or nicknames pursuant to Section 221.3.(Q)Any other state or federal educational program the Superintendent deems appropriate.(2)As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the California Code of Regulations.(3)The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the departments internet website.(4)Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the departments receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.(5)Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.(6)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.(7)Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.(b)The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.(c)The department shall, on or before January 1, 2028, evaluate and assess the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation.(d)Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.(e)For purposes of this section, local educational agency has the same meaning as in Section 4600 of Title 5 of the California Code of Regulations.SEC. 3.SEC. 2. Section 33546.6 is added to the Education Code, immediately following Section 33546.4, to read:33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(c) The definition of sexual harassment and any legal prohibitions regarding that term.(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(3) Sexual harassment, as described in Section 48900.2.SEC. 4.SEC. 3. Section 48900.01 is added to the Education Code, immediately following Section 48900, to read:48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(c) Sexual harassment, as described in Section 48900.2.SEC. 5.Section 49057 is added to the Education Code, immediately following Section 49056, to read:49057.(a)The first two full weeks in April and the first two full weeks in September shall be known as Title IX Safety Weeks, during which time all public schools, including charter schools, shall focus on fostering a safe and secure environment for all members of the school community with an emphasis on Title IX safety, resources, and awareness.(b)Public schools are encouraged to do both of the following during the Title IX Safety Weeks:(1)Host interactive activities that cover school policies related to Title IX, which may include any of following:(A)A meeting or listening session between pupils and administrators to facilitate conversation on Title IX culture and policy on campus.(B)Guest speaker events in collaboration with experts in the subject of Title IX, school staff, and trusted community leaders and organizations.(C)Title IX pupil assemblies or guided classroom presentations with Title IX representatives and school resource officers.(D)Engagement with parents or guardians and providing a space for feedback, such as a Title IX community oversight committee or a school climate advisory committee.(2)Prominently post resources and information about Title IX safety throughout the campus and on the schools digital platform, which may include any of the following:(A)The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B)The name of the Title IX coordinator for the local educational agency of the public school and how to contact the coordinator.(C)The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(D)The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(E)The definition of sexual harassment and any legal prohibitions regarding that term.(F)(i)What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator.(ii)The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii)Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(G)Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i)Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii)Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii)Sexual harassment, as described in Section 48900.2.(c)Local educational agencies are encouraged to, in coordination with their Title IX coordinator, send a written notice to the school community highlighting the Title IX Safety Weeks.(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 4. Article 9 (commencing with Section 49398) is added to Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 9. Sexual Harassment Safety Weeks49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:(1) Focus on fostering a safe and secure environment for all members of the school community.(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B) The name of the Title IX coordinator and how to contact the coordinator.(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii) Sexual harassment, as described in Section 48900.2.(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 6.SEC. 5. Section 51934 of the Education Code is amended to read:51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.(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 websites, computer networks, or other digital media.(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(3) The definition of sexual harassment and any legal prohibitions regarding that term.(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(C) Sexual harassment, as described in Section 48900.2.(d) 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).SEC. 7.SEC. 6. 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.
Amended IN Senate April 10, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 334Introduced by Senator ReyesFebruary 12, 2025 An act to amend Sections 33315 and Section 51934 of, and to add Sections 221.62, 33546.6, 48900.01, and 49057 and 48900.1 to, and to add Article 9 (commencing with Section 49398) to Chapter 8 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.LEGISLATIVE COUNSEL'S DIGESTSB 334, as amended, Reyes. Pupil instruction: sexual harassment: Title IX harassment, sexual assault, and sexual abuse prevention: safety.(1) Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Existing state law, the Sex Equity in Education Act, requires public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their internet websites specified information relating to Title IX.Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided.This bill would, upon approval by the Attorney General, would require the department State Department of Education to make available on a certain internet website and update, as necessary, (A) review specified training materials related to sexual harassment that were developed for use by pupils and pupils parents or guardians by the Redlands Unified School District pursuant to a stipulated judgment, as provided. (B) revise the training materials, as necessary, to make them appropriate for a statewide audience, and (C) make the revised training materials available on its internet website. The bill would require the department to, on or before January 1, 2028, (A) review the existing California School Climate, Health, and Learning Surveys system to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated, as provided, and (B) evaluate and assess the regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation. provided.The bill would declare the first 2 full weeks in April and the first 2 full weeks in September as Title IX Sexual Harassment Safety Weeks, during which time the bill would require all public schools, including charter schools, to focus on fostering a safe and secure environment for all members of the school community with and place an emphasis on Title IX safety, resources, and awareness. preventing sexual harassment, sexual assault, and sexual abuse, as provided. By imposing new duties on schools, the bill would impose a state-mandated local program. The bill would encourage public schools to host interactive activities that cover school policies related to Title IX preventing sexual harassment, sexual assault, and sexual abuse, and prominently post specified resources and information about Title IX safety preventing those acts on the schools digital platform, as provided. The bill would encourage school districts, county offices of education, and charter schools to, in coordination with their Title IX coordinator, specified personnel, send a written notice to the school community highlighting the Title IX Sexual Harassment Safety Weeks.(2) Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education. Existing law, the California Healthy Youth Act, requires school districts, charter schools, county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind 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. The act requires that instruction to include, among other things, information about sexual assault, sexual harassment, sexual abuse, and human trafficking, as provided. This bill would require the commission, when the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve is next revised on or after January 1, 2026, to consider including in that curriculum framework information related to, among other things, the Uniform Complaint Procedures, Title IX, and what a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, as provided. The bill would encourage the same information to also be provided as part of the instruction required under the comprehensive sexual health education and HIV prevention education provisions.(3) Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts, including acts of sexual harassment and sexual assault, as provided.This bill would require school districts, county offices of education, and charter schools to, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences that the local educational agency may impose on a pupil for carrying out acts of (A) committing or attempting to commit a sexual assault or committing a sexual battery, (B) cyber sexual bullying, or (C) sexual harassment, as provided. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.(4) 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: YES
Amended IN Senate April 10, 2025 Amended IN Senate March 24, 2025
Amended IN Senate April 10, 2025
Amended IN Senate March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 334
Introduced by Senator ReyesFebruary 12, 2025
Introduced by Senator Reyes
February 12, 2025
An act to amend Sections 33315 and Section 51934 of, and to add Sections 221.62, 33546.6, 48900.01, and 49057 and 48900.1 to, and to add Article 9 (commencing with Section 49398) to Chapter 8 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 334, as amended, Reyes. Pupil instruction: sexual harassment: Title IX harassment, sexual assault, and sexual abuse prevention: safety.
(1) Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Existing state law, the Sex Equity in Education Act, requires public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their internet websites specified information relating to Title IX.Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided.This bill would, upon approval by the Attorney General, would require the department State Department of Education to make available on a certain internet website and update, as necessary, (A) review specified training materials related to sexual harassment that were developed for use by pupils and pupils parents or guardians by the Redlands Unified School District pursuant to a stipulated judgment, as provided. (B) revise the training materials, as necessary, to make them appropriate for a statewide audience, and (C) make the revised training materials available on its internet website. The bill would require the department to, on or before January 1, 2028, (A) review the existing California School Climate, Health, and Learning Surveys system to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated, as provided, and (B) evaluate and assess the regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation. provided.The bill would declare the first 2 full weeks in April and the first 2 full weeks in September as Title IX Sexual Harassment Safety Weeks, during which time the bill would require all public schools, including charter schools, to focus on fostering a safe and secure environment for all members of the school community with and place an emphasis on Title IX safety, resources, and awareness. preventing sexual harassment, sexual assault, and sexual abuse, as provided. By imposing new duties on schools, the bill would impose a state-mandated local program. The bill would encourage public schools to host interactive activities that cover school policies related to Title IX preventing sexual harassment, sexual assault, and sexual abuse, and prominently post specified resources and information about Title IX safety preventing those acts on the schools digital platform, as provided. The bill would encourage school districts, county offices of education, and charter schools to, in coordination with their Title IX coordinator, specified personnel, send a written notice to the school community highlighting the Title IX Sexual Harassment Safety Weeks.(2) Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education. Existing law, the California Healthy Youth Act, requires school districts, charter schools, county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind 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. The act requires that instruction to include, among other things, information about sexual assault, sexual harassment, sexual abuse, and human trafficking, as provided. This bill would require the commission, when the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve is next revised on or after January 1, 2026, to consider including in that curriculum framework information related to, among other things, the Uniform Complaint Procedures, Title IX, and what a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, as provided. The bill would encourage the same information to also be provided as part of the instruction required under the comprehensive sexual health education and HIV prevention education provisions.(3) Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts, including acts of sexual harassment and sexual assault, as provided.This bill would require school districts, county offices of education, and charter schools to, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences that the local educational agency may impose on a pupil for carrying out acts of (A) committing or attempting to commit a sexual assault or committing a sexual battery, (B) cyber sexual bullying, or (C) sexual harassment, as provided. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.(4) 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.
(1) Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Existing state law, the Sex Equity in Education Act, requires public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their internet websites specified information relating to Title IX.
Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided.
This bill would, upon approval by the Attorney General, would require the department State Department of Education to make available on a certain internet website and update, as necessary, (A) review specified training materials related to sexual harassment that were developed for use by pupils and pupils parents or guardians by the Redlands Unified School District pursuant to a stipulated judgment, as provided. (B) revise the training materials, as necessary, to make them appropriate for a statewide audience, and (C) make the revised training materials available on its internet website. The bill would require the department to, on or before January 1, 2028, (A) review the existing California School Climate, Health, and Learning Surveys system to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated, as provided, and (B) evaluate and assess the regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation. provided.
The bill would declare the first 2 full weeks in April and the first 2 full weeks in September as Title IX Sexual Harassment Safety Weeks, during which time the bill would require all public schools, including charter schools, to focus on fostering a safe and secure environment for all members of the school community with and place an emphasis on Title IX safety, resources, and awareness. preventing sexual harassment, sexual assault, and sexual abuse, as provided. By imposing new duties on schools, the bill would impose a state-mandated local program. The bill would encourage public schools to host interactive activities that cover school policies related to Title IX preventing sexual harassment, sexual assault, and sexual abuse, and prominently post specified resources and information about Title IX safety preventing those acts on the schools digital platform, as provided. The bill would encourage school districts, county offices of education, and charter schools to, in coordination with their Title IX coordinator, specified personnel, send a written notice to the school community highlighting the Title IX Sexual Harassment Safety Weeks.
(2) Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education. Existing law, the California Healthy Youth Act, requires school districts, charter schools, county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind 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. The act requires that instruction to include, among other things, information about sexual assault, sexual harassment, sexual abuse, and human trafficking, as provided.
This bill would require the commission, when the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve is next revised on or after January 1, 2026, to consider including in that curriculum framework information related to, among other things, the Uniform Complaint Procedures, Title IX, and what a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, as provided. The bill would encourage the same information to also be provided as part of the instruction required under the comprehensive sexual health education and HIV prevention education provisions.
(3) Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts, including acts of sexual harassment and sexual assault, as provided.
This bill would require school districts, county offices of education, and charter schools to, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences that the local educational agency may impose on a pupil for carrying out acts of (A) committing or attempting to commit a sexual assault or committing a sexual battery, (B) cyber sexual bullying, or (C) sexual harassment, as provided. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4) 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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 221.62 is added to the Education Code, to read:221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.SEC. 2.Section 33315 of the Education Code is amended to read:33315.(a)The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:(1)The Uniform Complaint Procedures shall apply to all of the following:(A)Adult education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.(B)Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.(C)Migrant child education established pursuant to Sections 54440 to 54445, inclusive.(D)Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.(E)Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.(F)The filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a persons association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.(G)Lactation accommodations pursuant to Section 222.(H)Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements for foster youth, homeless youth, and other youth pursuant to Section 51225.1.(I)Pupil fees pursuant to Sections 49010 to 49013, inclusive.(J)Courses of study pursuant to Section 51228.3.(K)Instructional minutes for physical education pursuant to Section 51223.(L)Local control and accountability plans pursuant to Section 52075.(M)Juvenile court schools pursuant to Section 48645.7.(N)School safety plans pursuant to Section 32289.(O)Deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 8212.(P)School or athletic team names, mascots, or nicknames pursuant to Section 221.3.(Q)Any other state or federal educational program the Superintendent deems appropriate.(2)As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the California Code of Regulations.(3)The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the departments internet website.(4)Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the departments receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.(5)Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.(6)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.(7)Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.(b)The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.(c)The department shall, on or before January 1, 2028, evaluate and assess the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation.(d)Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.(e)For purposes of this section, local educational agency has the same meaning as in Section 4600 of Title 5 of the California Code of Regulations.SEC. 3.SEC. 2. Section 33546.6 is added to the Education Code, immediately following Section 33546.4, to read:33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(c) The definition of sexual harassment and any legal prohibitions regarding that term.(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(3) Sexual harassment, as described in Section 48900.2.SEC. 4.SEC. 3. Section 48900.01 is added to the Education Code, immediately following Section 48900, to read:48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(c) Sexual harassment, as described in Section 48900.2.SEC. 5.Section 49057 is added to the Education Code, immediately following Section 49056, to read:49057.(a)The first two full weeks in April and the first two full weeks in September shall be known as Title IX Safety Weeks, during which time all public schools, including charter schools, shall focus on fostering a safe and secure environment for all members of the school community with an emphasis on Title IX safety, resources, and awareness.(b)Public schools are encouraged to do both of the following during the Title IX Safety Weeks:(1)Host interactive activities that cover school policies related to Title IX, which may include any of following:(A)A meeting or listening session between pupils and administrators to facilitate conversation on Title IX culture and policy on campus.(B)Guest speaker events in collaboration with experts in the subject of Title IX, school staff, and trusted community leaders and organizations.(C)Title IX pupil assemblies or guided classroom presentations with Title IX representatives and school resource officers.(D)Engagement with parents or guardians and providing a space for feedback, such as a Title IX community oversight committee or a school climate advisory committee.(2)Prominently post resources and information about Title IX safety throughout the campus and on the schools digital platform, which may include any of the following:(A)The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B)The name of the Title IX coordinator for the local educational agency of the public school and how to contact the coordinator.(C)The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(D)The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(E)The definition of sexual harassment and any legal prohibitions regarding that term.(F)(i)What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator.(ii)The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii)Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(G)Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i)Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii)Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii)Sexual harassment, as described in Section 48900.2.(c)Local educational agencies are encouraged to, in coordination with their Title IX coordinator, send a written notice to the school community highlighting the Title IX Safety Weeks.(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 4. Article 9 (commencing with Section 49398) is added to Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 9. Sexual Harassment Safety Weeks49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:(1) Focus on fostering a safe and secure environment for all members of the school community.(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B) The name of the Title IX coordinator and how to contact the coordinator.(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii) Sexual harassment, as described in Section 48900.2.(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 6.SEC. 5. Section 51934 of the Education Code is amended to read:51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.(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 websites, computer networks, or other digital media.(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(3) The definition of sexual harassment and any legal prohibitions regarding that term.(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(C) Sexual harassment, as described in Section 48900.2.(d) 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).SEC. 7.SEC. 6. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 221.62 is added to the Education Code, to read:221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.
SECTION 1. Section 221.62 is added to the Education Code, to read:
### SECTION 1.
221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.
221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.
221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.
221.62. (a) (1) (A) Upon approval by the Attorney General, the The department shall make available on its internet website related to gender equity and Title IX review the public training materials that were developed by the Redlands Unified School District pursuant to the stipulated judgment entered into on June 10, 2024, between the Attorney General and the Redlands Unified School District that required the district to provide draft training materials that are age-appropriate and related to sexual harassment for use by pupils and pupils parents or guardians. guardians. After review, the department shall revise the training materials, as necessary, to make them appropriate for a statewide audience and make the revised training materials available on its internet website.
(B) The department shall, as necessary, update the training materials specified in subparagraph (A) to ensure the materials are up to date and reflect changes in law.
(2) It is the intent of the Legislature that every high school in the state provide an annual training for high school pupils that is based on the training materials specified in subparagraph (A) of paragraph (1).
(b) The department shall, on or before January 1, 2028, review the existing California School Climate, Health, and Learning Surveys system, also known as the CalSCHLS system, which includes the California Healthy Kids Survey, the California School Staff Survey, and the California School Parent Survey, to identify areas of the surveys where age-appropriate questions related to Title IX sexual harassment, sexual assault, and sexual abuse safety can be incorporated in order to ensure a safe campus climate.
(a)The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:
(1)The Uniform Complaint Procedures shall apply to all of the following:
(A)Adult education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.
(B)Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.
(C)Migrant child education established pursuant to Sections 54440 to 54445, inclusive.
(D)Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.
(E)Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.
(F)The filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a persons association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.
(G)Lactation accommodations pursuant to Section 222.
(H)Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements for foster youth, homeless youth, and other youth pursuant to Section 51225.1.
(I)Pupil fees pursuant to Sections 49010 to 49013, inclusive.
(J)Courses of study pursuant to Section 51228.3.
(K)Instructional minutes for physical education pursuant to Section 51223.
(L)Local control and accountability plans pursuant to Section 52075.
(M)Juvenile court schools pursuant to Section 48645.7.
(N)School safety plans pursuant to Section 32289.
(O)Deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 8212.
(P)School or athletic team names, mascots, or nicknames pursuant to Section 221.3.
(Q)Any other state or federal educational program the Superintendent deems appropriate.
(2)As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the California Code of Regulations.
(3)The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the departments internet website.
(4)Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the departments receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.
(5)Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.
(6)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.
(7)Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(b)The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(c)The department shall, on or before January 1, 2028, evaluate and assess the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures to ensure the regulations provide for efficient and transparent processes for whistleblowers to elevate Title IX concerns to the department for investigation.
(d)Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.
(e)For purposes of this section, local educational agency has the same meaning as in Section 4600 of Title 5 of the California Code of Regulations.
SEC. 3.SEC. 2. Section 33546.6 is added to the Education Code, immediately following Section 33546.4, to read:33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(c) The definition of sexual harassment and any legal prohibitions regarding that term.(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(3) Sexual harassment, as described in Section 48900.2.
SEC. 3.SEC. 2. Section 33546.6 is added to the Education Code, immediately following Section 33546.4, to read:
### SEC. 3.SEC. 2.
33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(c) The definition of sexual harassment and any legal prohibitions regarding that term.(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(3) Sexual harassment, as described in Section 48900.2.
33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(c) The definition of sexual harassment and any legal prohibitions regarding that term.(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(3) Sexual harassment, as described in Section 48900.2.
33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(c) The definition of sexual harassment and any legal prohibitions regarding that term.(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(3) Sexual harassment, as described in Section 48900.2.
33546.6. When the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve (health framework) is next revised, on or after January 1, 2026, the commission shall consider including in that curriculum framework all of the following information:
(a) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(b) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.
(c) The definition of sexual harassment and any legal prohibitions regarding that term.
(d) (1) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and report, how to file a complaint with a local educational agencys Title IX coordinator. coordinator, and how to file a complaint through a local educational agencys Uniform Complaint Procedures process with the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.
(2) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.
(3) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.
(e) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:
(1) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.
(2) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.
(3) Sexual harassment, as described in Section 48900.2.
SEC. 4.SEC. 3. Section 48900.01 is added to the Education Code, immediately following Section 48900, to read:48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(c) Sexual harassment, as described in Section 48900.2.
SEC. 4.SEC. 3. Section 48900.01 is added to the Education Code, immediately following Section 48900, to read:
### SEC. 4.SEC. 3.
48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(c) Sexual harassment, as described in Section 48900.2.
48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(c) Sexual harassment, as described in Section 48900.2.
48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(c) Sexual harassment, as described in Section 48900.2.
48900.01. School districts, county offices of education, and charter schools shall, in order to identify ways to achieve rehabilitative outcomes, periodically review consequences, including suspensions and alternatives to suspensions, that the local educational agency may impose on a pupil for carrying out any of the following acts:
(a) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.
(b) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.
(c) Sexual harassment, as described in Section 48900.2.
(a)The first two full weeks in April and the first two full weeks in September shall be known as Title IX Safety Weeks, during which time all public schools, including charter schools, shall focus on fostering a safe and secure environment for all members of the school community with an emphasis on Title IX safety, resources, and awareness.
(b)Public schools are encouraged to do both of the following during the Title IX Safety Weeks:
(1)Host interactive activities that cover school policies related to Title IX, which may include any of following:
(A)A meeting or listening session between pupils and administrators to facilitate conversation on Title IX culture and policy on campus.
(B)Guest speaker events in collaboration with experts in the subject of Title IX, school staff, and trusted community leaders and organizations.
(C)Title IX pupil assemblies or guided classroom presentations with Title IX representatives and school resource officers.
(D)Engagement with parents or guardians and providing a space for feedback, such as a Title IX community oversight committee or a school climate advisory committee.
(2)Prominently post resources and information about Title IX safety throughout the campus and on the schools digital platform, which may include any of the following:
(A)The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.
(B)The name of the Title IX coordinator for the local educational agency of the public school and how to contact the coordinator.
(C)The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(D)The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.
(E)The definition of sexual harassment and any legal prohibitions regarding that term.
(F)(i)What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator.
(ii)The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.
(iii)Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.
(G)Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:
(i)Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.
(ii)Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.
(iii)Sexual harassment, as described in Section 48900.2.
(c)Local educational agencies are encouraged to, in coordination with their Title IX coordinator, send a written notice to the school community highlighting the Title IX Safety Weeks.
(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SEC. 4. Article 9 (commencing with Section 49398) is added to Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 9. Sexual Harassment Safety Weeks49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:(1) Focus on fostering a safe and secure environment for all members of the school community.(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B) The name of the Title IX coordinator and how to contact the coordinator.(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii) Sexual harassment, as described in Section 48900.2.(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SEC. 4. Article 9 (commencing with Section 49398) is added to Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
### SEC. 4.
Article 9. Sexual Harassment Safety Weeks49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:(1) Focus on fostering a safe and secure environment for all members of the school community.(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B) The name of the Title IX coordinator and how to contact the coordinator.(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii) Sexual harassment, as described in Section 48900.2.(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
Article 9. Sexual Harassment Safety Weeks49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:(1) Focus on fostering a safe and secure environment for all members of the school community.(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B) The name of the Title IX coordinator and how to contact the coordinator.(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii) Sexual harassment, as described in Section 48900.2.(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
Article 9. Sexual Harassment Safety Weeks
Article 9. Sexual Harassment Safety Weeks
49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:(1) Focus on fostering a safe and secure environment for all members of the school community.(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.(B) The name of the Title IX coordinator and how to contact the coordinator.(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(iii) Sexual harassment, as described in Section 48900.2.(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
49398. (a) The first two full weeks in April and the first two full weeks in September shall be known as Sexual Harassment Safety Weeks, during which time all public schools, including charter schools, shall do all of the following:
(1) Focus on fostering a safe and secure environment for all members of the school community.
(2) Place an emphasis on preventing sexual harassment, sexual assault, and sexual abuse.
(3) Relate paragraphs (1) and (2) to school safety, resources, and awareness.
(b) Public schools are encouraged to do both of the following during the Sexual Harassment Safety Weeks:
(1) Host interactive activities that cover school policies related to preventing sexual harassment, sexual assault, and sexual abuse, which may include any of following:
(A) A meeting or listening session between pupils and administrators to facilitate conversation on the prevention of sexual harassment, sexual assault, and sexual abuse, including how to prevent grooming, reviewing the schools sexual harassment, sexual assault, and sexual abuse prevention policies, and reviewing the schools Uniform Complaint Procedures and Title IX complaint procedures.
(B) Guest speaker events in collaboration with experts in the subject of the prevention of sexual harassment, sexual assault, and sexual abuse, school staff, and trusted community leaders and organizations.
(C) Pupil assemblies or guided classroom presentations with compliance and Title IX coordinators, and, regarding sexual abuse, school resource officers.
(D) Engagement with parents or guardians and providing a space for feedback, such as through a sexual harassment, sexual assault, and sexual abuse prevention community oversight committee or a school climate advisory committee.
(2) Prominently post resources and information about preventing sexual harassment, sexual assault, and sexual abuse throughout the campus and on the schools digital platform, which may include any of the following:
(A) The information required to be posted on the public schools local educational agencys internet website pursuant to Section 234.6.
(B) The name of the Title IX coordinator and how to contact the coordinator.
(C) The person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints and how to contact the responsible entity.
(D) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and Title IX regulations (34 C.F.R. Part 106).
(E) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.
(F) The definition of sexual harassment pursuant to state and federal law, including any differences and prohibitions regarding that term.
(G) (i) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the public schools local educational agencys Title IX coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.
(ii) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.
(iii) Any interim and supportive measures available to pupils who report sexual harassment, the protections against retaliation when reporting an incident, and the remedies available to them following a finding of sexual harassment or retaliation.
(H) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:
(i) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.
(ii) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.
(iii) Sexual harassment, as described in Section 48900.2.
(I) Information about the range of disciplinary consequences that may be imposed on a staff member for committing or attempting to commit a sexual assault or committing a sexual battery, cyber sexual bullying, or sexual harassment.
(c) Local educational agencies are encouraged to, in coordination with their Title IX coordinator and the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints, send a written notice to the school community highlighting the Sexual Harassment Safety Weeks.
(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SEC. 6.SEC. 5. Section 51934 of the Education Code is amended to read:51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.(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 websites, computer networks, or other digital media.(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(3) The definition of sexual harassment and any legal prohibitions regarding that term.(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(C) Sexual harassment, as described in Section 48900.2.(d) 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).
SEC. 6.SEC. 5. Section 51934 of the Education Code is amended to read:
### SEC. 6.SEC. 5.
51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.(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 websites, computer networks, or other digital media.(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(3) The definition of sexual harassment and any legal prohibitions regarding that term.(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(C) Sexual harassment, as described in Section 48900.2.(d) 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).
51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.(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 websites, computer networks, or other digital media.(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(3) The definition of sexual harassment and any legal prohibitions regarding that term.(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(C) Sexual harassment, as described in Section 48900.2.(d) 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).
51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.(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 websites, computer networks, or other digital media.(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.(3) The definition of sexual harassment and any legal prohibitions regarding that term.(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.(C) Sexual harassment, as described in Section 48900.2.(d) 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).
51934. (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 assault, sexual harassment, sexual abuse, 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, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day.
(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 websites, computer networks, or other digital media.
(c) School districts are encouraged to provide, as part of comprehensive sexual health education and HIV prevention education, instruction that includes all of the following information:
(1) The Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), and any policy regarding adult-pupil boundaries, including where to locate the relevant procedures on the local educational agencys internet website.
(2) The authority of the department and the United States Department of Educations Office for Civil Rights to investigate and enforce the Uniform Complaint Procedures and Title IX, respectively.
(3) The definition of sexual harassment and any legal prohibitions regarding that term.
(4) (A) What a pupil should do if they believe another pupil has been subjected to sexual abuse, sexual assault, sexual harassment, or retaliation, including how to make a report and how to file a complaint with the local educational agencys Title IX coordinator. coordinator or the person, employee, agency position, or unit that is responsible for receiving Uniform Complaint Procedures complaints.
(B) The positive outcomes associated with reporting incidents, including creating a safer school environment and changing the school culture.
(C) Any interim and supportive measures available to pupils who report sexual harassment or retaliation for reporting an incident and the remedies available to them following a finding of sexual harassment or retaliation.
(5) Information about the range of disciplinary consequences that may be imposed on a pupil for carrying out any of the following acts in order to deter such behavior:
(A) Committing or attempting to commit a sexual assault or committing a sexual battery, as described in subdivision (n) of Section 48900.
(B) Cyber sexual bullying, as described in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (r) of Section 48900.
(C) Sexual harassment, as described in Section 48900.2.
(d) 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).
SEC. 7.SEC. 6. 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.
SEC. 7.SEC. 6. 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.
SEC. 7.SEC. 6. 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.
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