Hawaii-2018-SB2308-Introduced

SECTION 1. The legislature finds that sexual abuse remains a serious and ongoing threat to the safety, health, and well-being of children and young people in the State.

Although programs and department of education-approved curricula currently exist in the State to provide training to school teachers and staff and sexual abuse prevention education to students, implementation is not consistent systemwide and resources for the provision of training and education are limited.

Consequently, students in Hawaii may not receive regular, consistent child abuse prevention education, nor are parents informed about child sexual abuse topics. In addition, many school teachers and staff do not receive sufficient training on talking to students about child sexual abuse prevention, the effects of child sexual abuse on children, handling sexual abuse disclosures, and mandated reporting.

Laws requiring that public school systems implement a program of regular, consistent sexual abuse prevention education for students, teacher and staff training, and parental involvement have passed in twenty-eight states and the Territory of Guam and have been introduced in the legislatures of eighteen others. These laws represent a national trend in safety, health, and well-being education and are collectively referred to as "Erin's Law" after Erin Merryn, an Illinois survivor of child sexual abuse, who has led the national movement for required programs for child sexual abuse prevention education.

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 report 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 be composed of the following individuals:

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

(6) The chairperson of the senate standing committee with primary jurisdiction over education, or the chairperson's designee;

(7) The chairperson of the house of representatives standing committee with primary jurisdiction over education, or the chairperson's designee;

(8) An elementary school principal, to be designated by the superintendent of education;

(9) A secondary school principal, to be designated by the superintendent of education; and

(10) A representative from a charter school, to be designated by the executive director of the state public charter school commission.

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

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

(3) A representative of Planned Parenthood.

(d) The superintendent of education or the superintendent's designee shall serve as the chairperson of the task force.

(e) Members of the task force shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in relation to the performance of duties required pursuant to this Act.

(f) The initial meeting of the task force shall be held no later than August 11, 2018.

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

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

(2) Existing gaps in addressing sex trafficking and sexual abuse, including prevention, education, training, and awareness, 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:

(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) Sessions of instruction to reinforce the concepts learned in the program;

(D) Developmentally-appropriate instruction for each grade level;

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

(F) Capacity to be delivered by a range of personnel and professionals, including 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 use 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 parental 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 a public school system's handling of sexual violence issues, to the extent that they relate to sexual abuse prevention education;

(6) Resources needed to implement a systemwide program for child sexual abuse prevention education;

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

(8) The prevention of sex trafficking.

(h) The task force shall be subject to chapter 92, Hawaii Revised Statutes; provided that, for the purposes of:

(1) Compliance with the Health Insurance Portability and Accountability Act;

(2) Protecting minors;

(3) Preventing interference with any ongoing or potential investigation; or

(4) Complying with any state or federal law, the testimony of any minor before the task force shall be taken during an executive meeting closed to the public.

(i) Following the testimony of a minor presented pursuant to subsection (h), the chairperson shall summarize the testimony of the minor at an open meeting without:

(1) Disclosing personal identifying information of the minor;

(2) Disclosing protected health information;

(3) Violating any state or federal law; and

(4) Providing any information that may interfere with any ongoing or potential investigation.

(j) The department of education shall provide administrative support to the task force.

(k) 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 2019, and a follow-up report, including any additional proposed legislation, no later than twenty days prior to the convening of the regular session of 2020.

(l) The task force shall cease to exist on June 30, 2020.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $25,000 or so much thereof as may be necessary for fiscal year 2018-2019 for the operations of the Erin's Law task force.

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

SECTION 4. This Act shall take effect on July 1, 2018.

INTRODUCED BY:

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THE SENATE	S.B. NO.	2308
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII