HOUSE BILL REPORT

HB 2183

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Education

Title: An act relating to a curriculum for the prevention of sexual abuse for students.

Brief Description: Concerning a curriculum for the prevention of sexual abuse for grades K-12.

Sponsors: Representatives McCabe, Orwall, Dent, Senn, Caldier, Johnson, Fagan, Parker, Kagi, Gregerson and Santos.

Brief History:

Committee Activity:

Education: 2/1/16, 2/4/16 [DPS].

Brief Summary of Substitute Bill

  • Establishes an Erin's Law Task Force (task force) for the purpose of creating and implementing a prevention of sexual abuse curriculum for students in grades K-12.

  • Requires the task force to choose or develop a model curriculum and make recommendations to the Legislature by December 1, 2016.

  • Requires school districts to implement a prevention of sexual abuse curriculum for students in grades K-12, beginning in the 2017-2018 school year.

HOUSE COMMITTEE ON EDUCATION

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 19 members: Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist, Caldier, Griffey, Hargrove, Harris, S. Hunt, Kilduff, Kuderer, McCaslin, Orwall, Pollet, Rossetti and Springer.

Minority Report: Do not pass. Signed by 2 members: Representatives Hayes and Klippert.

Staff: Ashley Fisher (786-7296) and Megan Wargacki (786-7194).

Background:

Child Sexual Abuse in Washington.

In 2015 Washington Child Protective Services received reports screened in for investigation that alleged the sexual abuse or sexual exploitation, or both, of 2,603 children. Most sexual assaults are unreported. Youth victimization has been linked with mental health problems and delinquent behavior.

The Office of the Superintendent of Public Instruction (OSPI) website includes information about laws related to sex offenses; how to recognize behaviors characteristic of sex offenses and sex offenders; how to prevent victimization, particularly of young children; how to take advantage of community resources for victims of sexual assault; and how to prevent children from being recruited into sex trafficking. The information is intended for educators, parents, and interested community members.

Erin's Laws.

Twenty-six states have enacted Erin's laws. Named after child sexual abuse survivor and activist Erin Merryn, the legislation in these states requires the study or development of age-appropriate child sexual abuse identification and prevention curricula.

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Summary of Substitute Bill:

An Erin's Law Task Force (task force) is established for the purpose of creating and implementing a prevention of sexual abuse curriculum for students in grades K-12 (model curriculum). The task force must choose or develop the model curriculum and make recommendations to the appropriate committees of the Legislature by December 1, 2016. The curriculum must be evidenced based, age-appropriate, culturally sensitive, and include a professional training component for educators. The OSPI must make the model curriculum available on its website.

Beginning in the 2017-2018 school year, school districts are required to implement a prevention of sexual abuse curriculum for students in grades K-12. School districts must provide the parents or guardians of each student with written notice of the opportunity to opt out of the curriculum.

Substitute Bill Compared to Original Bill:

The substitute bill adds an intent section to the original bill.

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Appropriation: None.

Fiscal Note: Available. New fiscal note requested on February 4, 2016.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) One in four girls and one in six boys are sexually abused by their eighteenth birthday. We do not have something in the school system telling kids that if they are sexually abused, it is okay to tell someone and it is not their fault. Families are not having conversations around the dinner table about what is okay and not okay. This has resulted in a group of people who do not feel like they have a voice. President Obama signed legislation that fully funds the implementation of Erin's laws.

Erin's laws would give children the tools they need for a voice, and teachers and parents the tools to recognize and respond appropriately.  Children are only getting the message from the pedophile and the message is not to tell. 

The task force should involve subject matter experts.

(Opposed) None.

(Other) Age-appropriate language can be challenging to create. The task force should involve subject matter experts and people who are survivors of sexual violence.

Persons Testifying: (In support) Representative McCabe, prime sponsor; Randy Ryan, Children's Advocacy Centers of Washington; and Oliva Holderman.(Other) Kat Monusky, Washington Coalition of Sexual Assault Programs.

Persons Signed In To Testify But Not Testifying: None.