This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 14, 2024 at 3:59 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 16, 2024 at 11:43 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments (CORRECTED) incorporated into the bill on Tue, Feb 20, 2024 at 8:49 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends the options to provide instruction on child sexual abuse and human
10 trafficking.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the options to provide instruction on child sexual abuse and human
14 trafficking including:
15 • allowing a local education agency (LEA) to create instructional materials;
16 • requiring the state board to contract with a provider for child sexual abuse and
17 human trafficking instruction and training; and
18 • establishing a grant for an LEA to use an alternative provider; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 This bill appropriates in fiscal year 2025:
22 ▸ to State Board of Education - Contracted Initiatives and Grants - Child sexual abuse
23 prevention as an ongoing appropriation:
24 • from the Income Tax Fund, $1,000,000
25 ▸ to State Board of Education - Contracted Initiatives and Grants - Child sexual abuse
26 prevention grant program as an ongoing appropriation:
27 • from the Income Tax Fund, $500,000
28 Other Special Clauses:
29 This bill provides a special effective date.
30 Utah Code Sections Affected:
31 AMENDS:
32 53G-9-207, as last amended by Laws of Utah 2022, Chapter 335
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53G-9-207 is amended to read:
36 53G-9-207. Child sexual abuse prevention.
37 (1) As used in this section[
38 (a) (i) "Age-appropriate instructional material" means material that provide instruction
39 on:
40 (A) the responsibility of adults for the safety of children;
41 (B) how to recognize uncomfortable inner feelings;
42 (C) how to say no and leave an uncomfortable situation;
43 (D) how to set clear boundaries; and
44 (E) the importance of discussing uncomfortable situations with parents and other
45 trusted adults.
46 (ii) "Age-appropriate instructional material" does not include material that:
47 (A) invites a student to share personal experiences about abuse during instruction;
48 (B) gives instruction regarding consent as described in Section 76-5-406; or
49 (C) includes sexually explicit language or depictions.
50 (b) "Alternative provider" means a provider other than the provider selected by the
51 state board under Subsection (8) that provides the training and instruction described in
52 Ŝ→ [
52a1 under
52a Subsection (2).
53 (c) [
54 53G-9-203.
55 (2) The state board shall approve, in partnership with the Department of Ŝ→ Health and
55a ←Ŝ Human
56 Services, age-appropriate instructional materials for the training and instruction described in
57 Subsections (3)(a) and (4).
58 (3) (a) [
59 training and instruction on child sexual abuse and human trafficking prevention and awareness
60 to:
61 (i) school personnel in elementary and secondary schools on:
62 (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
63 manner;
64 (B) identifying children who are victims or may be at risk of becoming victims of
65 human trafficking or commercial sexual exploitation; and
66 (C) the mandatory reporting requirements described in Sections 53E-6-701 and
67 80-2-602; and
68 (ii) parents of elementary school students on:
69 (A) recognizing warning signs of a child who is being sexually abused or who is a
70 victim or may be at risk of becoming a victim of human trafficking or commercial sexual
71 exploitation; and
72 (B) effective, age-appropriate methods for discussing the topic of child sexual abuse
73 with a child.
74 (b) [
75 (i) shall use the instructional materials approved by the state board under Subsection
76 (2) to provide the training and instruction Ŝ→ [
76a [
77 Subsections (3)(a)[
78 (ii) may use instructional materials the LEA creates to provide the instruction and
79 training described in Subsections (3)(a) and (4), if the LEA's instructional materials are
80 approved by the state board under Subsection (2).
81 (4) (a) In accordance with Subsections (4)(b) and (5), [
82
83 prevention and awareness to elementary school students using age-appropriate curriculum.
84 (b) [
85 in Subsection (4)(a) shall use the instructional materials approved by the state board under
86 Subsection (2) to provide the instruction.
87 (5) (a) An elementary school student may not be given the instruction described in
88 Subsection (4) unless the parent of the student is:
89 (i) notified in advance of the:
90 (A) instruction and the content of the instruction; and
91 (B) parent's right to have the student excused from the instruction;
92 (ii) given an opportunity to review the instructional materials before the instruction
93 occurs; and
94 (iii) allowed to be present when the instruction is delivered.
95 (b) Upon the written request of the parent of an elementary school student, the student
96 shall be excused from the instruction described in Subsection (4).
97 (c) Participation of a student requires compliance with Sections 53E-9-202 and
98 53E-9-203.
99 (6) [
100 for the training and instruction described in Subsections (3) and (4).
101 (7) Upon request of the state board, [
102 provide evidence of compliance with this section.
103 (8) The state board shall select a provider to provide the training and instruction
104 described in Ŝ→ [
104a selected to:
105 (a) engage in outreach efforts to support more schools to participate in the training and
106 instruction;
107 (b) Ŝ→ [
107a with
108 Subsection (4);
109 (c) provide an outline of how many LEAs, schools, and students the provider could
110 service; and
111 (d) submit a report to the state board that includes:
112 (i) information on the LEAs the provider engaged with in the outreach efforts,
113 including:
114 (A) how many schools within an LEA increased instructional offerings for training and
115 instruction; and
116 (B) the reasons why an LEA chose to participate or not in the offered training or
117 instruction;
118 (ii) the number of schools and students that received the training and instruction;
119 (iii) budgetary information regarding how the provider utilized any funds the state
120 board allocated; and
121 (iv) additional information the board requests.
122 (9) Subject to legislative appropriation, there is created a grant program to support an
123 LEA that chooses to use an alternative provider other than the provider selected by the state
124 board under Subsection (8) to provide the training and instruction described in Ŝ→ [
125 (3)(a) and
126 (10) The state board shall:
127 (a) establish a process to select alternative providers for an LEA to use, including:
128 (i) an application process for a provider to become an alternative provider;
129 (ii) required criteria for a provider to become an alternative provider; and
130 (iii) relevant timelines;
131 (b) create a process for an LEA to receive a grant award described in Subsection (9),
132 including:
133 (i) an application process;
134 (ii) relevant timelines; and
135 (iii) a scoring rubric and corresponding formula for determining a grant amount; and
136 (c) make grant awards on a first come first served basis until the state board distributes
137 all appropriated funds.
138 (11) An LEA that receives a grant award described in Subsection (10)(b) shall:
139 (a) use the grant award to cover the costs needed for implementation of the training or
140 instruction described in Ŝ→ [
141 (b) upon request of the state board, provide an itemized list of the uses of the grant
142 award.
143 Section 2. FY 2025 Appropriation.
144 The following sums of money are appropriated for the fiscal year beginning July 1,
145 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
146 fiscal year 2025.
147 Subsection 2(a). Operating and Capital Budgets.
148 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
149 Legislature appropriates the following sums of money from the funds or accounts indicated for
150 the use and support of the government of the state of Utah.
151
ITEM 1
To State Board of Education - Contracted Initiatives and Grants| 152 | From Income Tax Fund | $1,500,000 | |||
| 153 | Schedule of Programs: | ||||
| 154 | Child sexual abuse prevention grant program | $500,000 | |||
| 155 | Child sexual abuse prevention | $1,000,000 | |||
156 Section 3. Effective date.
157 This bill takes effect on July 1, 2024.