Second Substitute H.B. 286
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 certain entities, 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:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 53A-13-112 , Utah Code Annotated 1953
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 and nonprofit organizations specializing in
40 child sexual abuse prevention, 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).
72 (6) A school district or charter school may:
73 (a) determine the mode of delivery for the training and instruction described in
74 Subsections (3) and (4); and
75 (b) partner with a nonprofit organization to provide the training and instruction.
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).
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