Bill Text: HI SB2232 | 2016 | Regular Session | Amended


Bill Title: Education; Sexual Abuse Prevention; Erin's Law Task Force; Appropriation ($)

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2016-03-24 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Kawakami, Kong, Oshiro, Tokioka, Tupola, Woodson excused (6). [SB2232 Detail]

Download: Hawaii-2016-SB2232-Amended.html

THE SENATE

S.B. NO.

2232

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Children's Advocacy Centers of Illinois, Illinois Coalition Against Sexual Assault, and Prevent Child Abuse Illinois collaborated to create "Erin's Law".  Erin Merryn was raped and molested for six and a half years by a neighbor and a family member.  Erin began a crusade during her senior year of high school in 2004 to end the silence and shame around sexual abuse.  Erin's Law has been passed in twenty-six states and has been introduced in the legislative bodies of an additional seventeen states.  Erin's mission is to shatter the silence and stigma around sexual abuse and to educate children and empower them to recognize and to report abuse.

     The legislature finds that schools fail to give young students awareness of sexual abuse issues and a voice to report if someone is violating them.  Unfortunately, without such education, most children who experience sexual abuse will be repeatedly abused for years because often the only message they receive comes from the abuser who is threatening them into silence.

     The purpose of this Act is to form a task force to guide the establishment of a program to educate public school students on sexual abuse prevention through use of age-appropriate curricula; provide relevant training to school teachers and staff; and inform parents about important child sexual abuse topics.

     SECTION 2.  (a)  There is established the Erin's Law task force to be convened by the legislature to review current policies, programs, and curricula for educating students in the public school system about sexual abuse prevention, and to make a report of recommendations for the establishment of a program to educate all children in grades pre-kindergarten through twelve in public schools on sexual abuse prevention through age appropriate curricula.

     (b)  The task force shall comprise:

     (1)  The superintendent of education, who shall serve as the chair of the task force, or the superintendent's designee;

     (2)  The director of health, or the director's designee;

     (3)  The director of human services, or the director's designee;

     (4)  The attorney general, or the attorney general's designee;

     (5)  The executive director of the Hawaii Youth Services Network, or the executive director's designee;

     (6)  The executive director of the Sex Abuse Treatment Center, or the executive director's designee;

     (7)  A member of the keiki caucus of the legislature, to be designated by the caucus;

     (8)  A member of the board of education, to be designated by the chairperson of the board;

     (9)  The executive director of the state public charter school commission, or the executive director's designee;

    (10)  The director of the executive office on early learning, or the director's designee;

    (11)  An elementary school principal and a secondary school principal, to be designated by the superintendent of education; and

    (12)  A teacher, to be designated by the superintendent of education.

     (c)  The department of education may expand the task force to include members of community organizations involved in providing direct services addressing sexual abuse in elementary, middle, intermediate, and high school aged children and youth in Hawaii.

     (d)  Members of the task force shall serve without compensation.  No member shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.

     (e)  An initial meeting of the task force shall be held no later than August 12, 2016.

     (f)  The task force shall review current policies, programs, and curricula, and make recommendations for the establishment of a program that:

     (1)  Educates children in grades pre-kindergarten through twelve in public schools on sexual abuse prevention through age-appropriate curriculum through role plays, discussions, activities, and books;

     (2)  Gives children the tools to speak up and tell others if anyone has ever touched them inappropriately, rather than keep it a secret;

     (3)  Educates children on safe touch, unsafe touch, safe secrets, and unsafe secrets, how to get away, and reporting an incident immediately; and

     (4)  Provides strategies to identify victims of sex trafficking in public schools and to assist in the prevention of the sex trafficking of children.

     (g)  The task force shall consider the following concepts and resources when reviewing current policies, programs, and curricula and making recommendations for the establishment of the program:

     (1)  Current resources available in the State for educating students in the public school system about sexual abuse prevention;

     (2)  Existing gaps in child sexual abuse prevention education, including education, training, and information, as needed, for students, school teachers and staff, and parents and guardians;

     (3)  The Hawaii content and performance standards;

     (4)  Required elements for an instructional program for students in grades pre-kindergarten through twelve, including but not limited to:

         (A)  Techniques to teach children to recognize sexual abuse, equip them with skills to reduce their vulnerability, and encourage them to report the abuse;

         (B)  At least four sessions of instruction to reinforce the concepts learned in the program;

         (C)  Sessions conducted annually, building on skills and knowledge learned in previous years;

         (D)  Developmentally appropriate instruction for each grade level;

         (E)  Involvement of students as active learning participants through methods such as discussion, modeling, and role playing;

         (F)  Capacity to be delivered by a range of personnel and professionals, including but not limited to teachers, school counselors, and outside agency prevention educators; provided that the personnel and professionals should have a thorough knowledge of child sexual abuse, including how to respond appropriately to sexual abuse disclosures;

         (G)  An evaluation component with measurable outcomes;

         (H)  Instruction that is culturally sensitive and adaptable for use within varying school contexts, including age, race, and special needs;

         (I)  The use of evidence-based, age-appropriate curricula that uses discussions, role plays, activities, books, or other appropriate educational materials and methods;

         (J)  A professional training component for administrators, teachers, and other school personnel on talking to students about child sexual abuse prevention, effects of child sexual abuse on children, handling of sexual abuse disclosures, and mandated reporting; and

         (K)  A component that encourages parent or guardian  involvement within the child sexual abuse program, which should inform parents or guardians about child sexual abuse topics, including discussion of child sexual abuse myths, characteristics of offenders, grooming behaviors, and how to discuss this topic with children;

     (5)  Title IX and any other federal and state laws and policies concerning public school systems' handling of sexual violence issues, to the extent that they relate to sexual abuse prevention education;

     (6)  Resources needed to implement a system-wide program for child sexual abuse prevention education; and

     (7)  Updates to laws or policies that would assist in the implementation of a statewide program for child sexual abuse prevention education.

     (h)  The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2017.  The task force shall also submit its report directly to the chairs of the senate committee with primary jurisdiction over education, house of representatives committee with primary jurisdiction over education, senate committee with primary jurisdiction over human services, and house of representatives committee with primary jurisdiction over human services.

     (i)  The department of education shall implement the recommendations of the task force in the 2017-2018 school year; provided that if the department of education determines that implementation is not possible in the 2017-2018 school year, the department of education shall immediately notify the chairs of the senate committee with primary jurisdiction over education, house of representatives committee with primary jurisdiction over education, senate committee with primary jurisdiction over human services, and house of representatives committee with primary jurisdiction over human services.

     (j)  The task force shall cease to exist on June 30, 2018.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2016-2017 for the operation of the Erin's Law task force.

     The sum appropriated shall be expended by the legislature for the purposes of this Act.

     SECTION 4.  This Act shall take effect on January 7, 2059.



Report Title:

Education; Sexual Abuse Prevention; Erin's Law Task Force; Appropriation

 

Description:

Creates and appropriates funds for the Erin's Law Task Force to guide the establishment of a program to educate public school students on sexual abuse prevention through use of age appropriate curricula, provide relevant training to school teachers and staff, and inform parents about important child sexual abuse topics.  Sets out guidelines of instruction.  (SB2232 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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