Bill Text: MI HB4195 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education; school districts; training related to student disclosures regarding assaults and policy regarding sexual abuse; require. Amends sec. 1505 of 1976 PA 451 (MCL 380.1505) & adds sec. 1527a.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Introduced - Dead) 2019-02-19 - Bill Electronically Reproduced 02/14/2019 [HB4195 Detail]
Download: Michigan-2019-HB4195-Introduced.html
HOUSE BILL No. 4195
February 14, 2019, Introduced by Reps. Hertel, Brenda Carter, Love, Shannon, Chirkun, Ellison, Pagan, Lasinski, Sabo, Cambensy, Kennedy, Hood, Hope, Cynthia Johnson, Cherry, Yaroch, Kuppa, Elder, Haadsma, Stone, Koleszar and Camilleri and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1505 (MCL 380.1505), as added by 2012 PA 594,
and by adding section 1527a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1505. (1) The Except as
otherwise provided in this
subsection, the board of a school district or intermediate school
district or board of directors of a public school academy may adopt
and
implement a policy addressing sexual abuse of children. If a
board
or board of directors adopts and implements a policy
addressing
sexual abuse of children, the Not
later than 2 years
after the effective date of the amendatory act that added section
1527a, the department shall develop and make available to all
public schools guidelines for a policy addressing the sexual abuse
of children that are consistent with this section. Not later than 1
year after the department makes those guidelines available to all
public schools, the board of a school district or intermediate
school district or board of directors of a public school academy
shall adopt and implement a policy in consultation with school
personnel, including, but not limited to, teachers and support
staff, that is aligned with the guidelines developed by the
department.
A policy shall adopted and implemented under this
section must also be substantially consistent with the
recommendations and guidelines set by the task force on the
prevention of sexual abuse of children created under section 12b of
the child protection law, 1975 PA 238, MCL 722.632b, and may
address, but is not limited to, any of the following:
(a) Age-appropriate, evidence-based curriculum and instruction
for pupils in grades pre-K to 5 concerning child sexual abuse
awareness and prevention.
(b) Training for school personnel on child sexual abuse,
including, but not limited to, training on supportive, appropriate
response to disclosure of abuse.
(c) Providing educational information to parents or guardians
on the warning signs of a child being sexually abused and
information on needed assistance, referral, or resources. This
information may be provided in the student handbook that is
distributed to pupils and parents and guardians.
(d) Available counseling and resources for pupils affected by
sexual abuse.
(e) Emotional and educational support for a pupil affected by
sexual abuse to allow the pupil to continue to be successful in
school.
(f) A review of the system that is in place in the school
district, intermediate school district, or public school academy to
educate and support school personnel who are required to report
child abuse or neglect under section 3 of the child protection law,
1975 PA 238, MCL 722.623, and the process in place for making those
mandatory reports. This review should include an analysis of the
level of compliance with the mandatory reporting requirements and
suggestions to improve compliance.
(2) Any instruction, training, or information provided
pursuant
to a policy adopted under subsection (1) shall must be
substantially consistent with the recommendations and guidelines
set by the task force on the prevention of sexual abuse of children
created under section 12b of the child protection law, 1975 PA 238,
MCL 722.632b, and may address, but is not limited to, any of the
following:
(a) Methods for increasing teacher, pupil, and parent
awareness of issues regarding sexual abuse of children, including
knowledge of likely warning signs indicating that a child may be a
victim of sexual abuse.
(b) Actions that a child who is a victim of sexual abuse may
take to obtain assistance and intervention.
(c) Available counseling options for pupils affected by sexual
abuse.
(3) Pupil instruction under this section is subject to section
1505a.
Sec. 1527a. (1) Not later than 2 years after the effective
date of the amendatory act that added this section, the department
shall develop and make available to public schools guidelines for
professional development or other training that enables school
personnel to respond to pupil disclosures relating to assault in a
manner that is culturally sensitive and psychologically adept and
does not unduly further traumatize the pupil who makes the
disclosure.
(2) Not later than 1 year after the department makes available
the guidelines developed under subsection (1), a board of a school
district or board of directors of a public school academy shall
implement professional development or other training that is
aligned with those guidelines.
(3) A board or board of directors may count professional
development provided to teachers under this section toward the
professional development required under section 1527.
(4) As used in this section:
(a) "Assault" includes physical assault, as that term is
defined in section 1310, and sexual assault.
(b) "School personnel" means that term as defined in section
1307h.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.