1     
CHILD SEXUAL ABUSE PREVENTION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: Karianne Lisonbee

6     

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     Subsections (3)(a) and (4) with instructional materials approved under Subsection (2).
53          (c) ["school] "School personnel" means the same as that term is defined in Section
54     53G-9-203.
55          (2) The state board shall approve, in partnership with the Department of Human
56     Services, age-appropriate instructional materials for the training and instruction described in
57     Subsections (3)(a) and (4).
58          (3) (a) [A school district or charter school] An LEA shall provide, every other year,

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) [A school district or charter school] An LEA:
75          (i) shall use the instructional materials approved by the state board under Subsection
76     (2) to provide the training and instruction to school personnel and parents under [Subsection]
77     Subsections (3)(a)[.] and (4); or
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), [a school district or charter
82     school] an LEA may provide instruction on child sexual abuse and human trafficking
83     prevention and awareness to elementary school students using age-appropriate curriculum.
84          (b) [A school district or charter school] An LEA that provides the instruction described
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) [A school district or charter school] An LEA may determine the mode of delivery
100     for the training and instruction described in Subsections (3) and (4).
101          (7) Upon request of the state board, [a school district or charter school] an LEA shall
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 Subsections (3)(a) and (4), including requiring the provider selected to:
105          (a) engage in outreach efforts to support more schools to participate in the training and
106     instruction;
107          (b) develop materials for the instruction involving students in accordance 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 Subsections
125     (3)(a) and (4).
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 Subsections (3)(a) and (4); and
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.