Hawaii-2018-SB2368-Amended

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 of Hawaii.

Sadly, one in four girls and one in six boys will be the victim of child sexual abuse by their eighteenth birthday. There are more than forty-two million survivors of child sexual abuse in the United States. This is a matter that is often kept silent and as a result, is left unaddressed. Most people do not even realize that this is a significant issue or that they are a victim. In almost every case, the only witnesses to this crime are the perpetrator and the victim. Perpetrators often tell the child this is a secret and no one will believe them. Children rarely report abuse and are meant to feel that the abuse was their fault. Most victims never tell anyone until several years after the abuse, if they ever tell at all.

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 system wide, 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 been passed in thirty-one states and the Territory of Guam, and have been introduced in the legislatures of fifteen others. These laws represent a national trend in safety, health, and well-being education and are collectively referred to as "Erin's Law" after an Illinois survivor of child sexual abuse, Erin Merryn, who has led the national movement for required programs for child sexual abuse prevention education.

The purpose of this Act is to require the department of education to establish and implement a program to:

(1) Educate public school students on sexual abuse prevention;

(2) Provide relevant training to school teachers and staff; and

(3) Inform parents and guardians about important child sexual abuse topics.

SECTION 2. (a) The department of education shall establish a sexual abuse prevention education program to be implemented beginning with the 2019-2020 school year. Implementation of the program shall include:

(1) A child abuse and child sexual abuse education program in pre-kindergarten through grade twelve that includes:

(A) Developmentally appropriate and evidence-based instruction for each grade level;

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

(D) Instruction that provides students with the knowledge and tools to communicate incidents of sexual abuse;

(E) Techniques to teach students to recognize child sexual abuse, equip them with skills to reduce their vulnerability, and encourage them to report sexual abuse;

(F) 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 child sexual abuse reports and disclosures, and mandated reporting; and

(G) A component that encourages parental or guardian involvement that informs parents and guardians about child sexual abuse topics, including characteristics of offenders, grooming behaviors, and methods to discuss child sexual abuse prevention with their children;

(2) Child abuse and child sexual abuse response and reporting policies;

(3) 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 shall have a thorough knowledge of child sexual abuse, including how to respond appropriately to sexual abuse disclosures;

(4) An evaluation component with measurable outcomes; and

(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.

(b) The department of education may contract with eligible nonprofit or charitable organizations, private entities, or public entities to carry out the purposes of this Act.

(c) The board of education shall adopt board policies to effectuate the sexual abuse prevention education program established pursuant to this section, which the department of education shall be required to implement.

(d) The department of education 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 sessions of 2019, 2020, and 2021 on the status of the implementation of and nature of the child sexual abuse prevention education program.

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 2018-2019 for implementation of the sexual abuse prevention education program.

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, 2050.

Report Title:

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

Description:

Requires the Department of Education to establish and implement a Sexual Abuse Prevention Education Program to educate public school students on sexual abuse prevention, provide relevant training to school teachers and staff, and inform parents and guardians about important child sexual abuse topics. Requires the Board of Education to adopt policies to effectuate the Program. Requires the DOE to submit reports of its findings and recommendations to the Legislature on prior to the 2019, 2020, and 2021 Regular Sessions on the status of implementing the Program. Appropriates funds. (SB2368 HD1)

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

THE SENATE	S.B. NO.	2368
TWENTY-NINTH LEGISLATURE, 2018		S.D. 2
STATE OF HAWAII		H.D. 1