Utah child sexual abuse prevention training and instruction in public schools bill passes house

Second Substitute H.B. 286

This document includes House Floor Amendments incorporated into the bill on Thu, Feb 27, 2014 at 12:34 PM by lerror. –> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 12, 2014 at 11:14 AM by lpoole. –> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 12, 2014 at 11:53 AM by lpoole. –>

Representative Angela Romero proposes the following substitute bill:

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CHILD SEXUAL ABUSE PREVENTION

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2014 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Angela Romero

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Senate Sponsor: J. Stuart Adams

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7      LONG TITLE
8      General Description:
9          This bill enacts provisions relating to child sexual abuse prevention training and
10      instruction in public schools.
11      Highlighted Provisions:
12          This bill:
13          .    adopts certain recommendations of Illinois’s Erin’s Law Task Force;
14          .    requires the State Board of Education, in partnership with H. [ certain entities ] the
14a      Department of Human Services .H , to
15      approve instructional materials for child sexual abuse prevention and awareness
16      training and instruction;
17          .    requires a school district or charter school to use the instructional materials
18      approved by the State Board of Education to provide child sexual abuse prevention
19      and awareness training and instruction to:
20              .    school personnel; and
21              .    the parents or guardians of elementary school students;
22          .    provides that a school district or charter school may provide child sexual abuse
23      prevention and awareness instruction to elementary school students subject to
24      certain requirements; and
25          .    requires the State Board of Education to report to the Education Interim Committee.

 


26      Money Appropriated in this Bill:
27          None
28      Other Special Clauses:
29          None
30      Utah Code Sections Affected:
31      ENACTS:
32           53A-13-112 , Utah Code Annotated 1953
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34      Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53A-13-112 is enacted to read:
36          53A-13-112. Child sexual abuse prevention.
37          (1) As used in this section, “school personnel” is as defined in 53A-11-605 .
38          (2) On or before July 1, 2015, the State Board of Education shall approve, in
39      partnership with the Department of Human Services H. [ and nonprofit organizations specializing in
40      child sexual abuse prevention
 ] .H
 , age-appropriate instructional materials for the training and
41      instruction described in Subsections (3)(a) and (4).
42          (3) (a) Beginning in the 2016-17 school year, a school district or charter school shall
43      provide training and instruction on child sexual abuse prevention and awareness to:
44          (i) school personnel in elementary and secondary schools on:
45          (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
46      manner; and
47          (B) the mandatory reporting requirements described in Sections 53A-6-502 and
48      62A-4a-403 ; and
49          (ii) parents or guardians of elementary school students on:
50          (A) recognizing warning signs of a child who is being sexually abused; and
51          (B) effective, age-appropriate methods for discussing the topic of child sexual abuse
52      with a child.
53          (b) A school district or charter school shall use the instructional materials approved by
54      the State Board of Education under Subsection (2) to provide the training and instruction to
55      school personnel and parents or guardians under Subsection (3)(a).
56          (4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school

 


57      may provide instruction on child sexual abuse prevention and awareness to elementary school
58      students using age-appropriate curriculum.
59          (b) Beginning in the 2016-17 school year, a school district or charter school that
60      provides the instruction described in Subsection (4)(a) shall use the instructional materials
61      approved by the board under Subsection (2) to provide the instruction.
62          (5) (a) An elementary school student may not be given the instruction described in
63      Subsection (4) unless the parent or guardian of the student is:
64          (i) notified in advance of the:
65          (A) instruction and the content of the instruction; and
66          (B) parent or guardian’s right to have the student excused from the instruction;
67          (ii) given an opportunity to review the instructional materials before the instruction
68      occurs; and
69          (iii) allowed to be present when the instruction is delivered.
70          (b) Upon the written request of the parent or guardian of an elementary school student,
71      the student shall be excused from the instruction described in Subsection (4).
71a      S. (c) Participation of a student requires compliance with Sections 53A-13-301 and
71b      53A-13-302. .S
72          (6) A school district or charter school may H. [ :
73          (a)
 ] .H
 determine the mode of delivery for the training and instruction described in
74      Subsections (3) and (4) H. [ ; and
75          (b) partner with a nonprofit organization to provide the training and instruction
 ] .H
 .
76          (7) (a) The State Board of Education shall report to the Education Interim Committee
77      on the progress of the provisions of this section by the committee’s November 2017 meeting.
78          (b) Upon request of the State Board of Education, a school district or charter school
79      shall provide to the State Board of Education information that is necessary for the report
80      required under Subsection (7)(a).