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.

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