FINAL BILL REPORT

SHB 1539

C 64 L 18

Synopsis as Enacted

Brief Description: Regarding a curriculum for the prevention of sexual abuse of students.

Sponsors: House Committee on Education (originally sponsored by Representatives McCabe, Orwall, Griffey, Caldier, Senn, Dent, Gregerson, Smith, Kraft, Doglio and Kagi).

House Committee on Education

House Committee on Appropriations

Senate Committee on Early Learning & K-12 Education

Senate Committee on Ways & Means

Background:

Office of the Superintendent of Public Instruction.

In addition to its constitutional charge of supervising all matters pertaining to public schools, the Superintendent of Public Instruction (SPI) and its office have numerous and broad responsibilities prescribed in statute, including:

• making rules and regulations necessary for the administration of public education requirements;

• preparing courses of study and other materials and books for the discharge of education duties;

• fulfilling financial responsibilities, including distributing legislatively allocated funds to districts for the operation of the public school system, and awarding numerous state and federally funded grants; and

• satisfying numerous reporting and other duties assigned by the Legislature.

Student Emotional or Behavioral Distress Plans.

School districts are required to adopt plans for the recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to, indicators of possible substance abuse, violence, youth suicide, and sexual abuse. School districts must provide the plan to all district staff each year.

Coordinated Primary Prevention Program for Child Abuse and Neglect.

In 1987 the Legislature created a coordinated primary prevention program for child abuse and neglect (program). The Office of the Superintendent of Public Instruction (OSPI) was designated as the lead agency for the program and was tasked with assisting the Department of Social and Health Services (DSHS), the Department of Community, Trade, and Economic Development (the agency was renamed the Department of Commerce in 2009), and school districts in developing the program. The 1987 legislation specified that the program is voluntary and that parents may refuse to have their children participate in the program.

In developing the program, the state agencies and school districts were required to give consideration to numerous factors, including:

• parent, teacher, and children's workshops where the information and training is provided in a clear, age-appropriate, and nonthreatening manner;

• training for school-age children's parents and school staff that includes physical and behavioral indicators of abuse; and

• training for children that includes information about how to disclose incidents of abuse and neglect.

Dissemination of Child Abuse and Neglect Prevention Curricula.

The SPI is required collect and disseminate to school districts information on child abuse and neglect prevention curricula and to adopt rules addressing the prevention of child abuse for purposes of curriculum use in common schools. The SPI, the DSHS, and the Department of Community, Trade, and Economic Development (CTED) are required to share relevant information in support of the SPI's obligation to collect and disseminate information.

Educational Materials Regarding Sex Offenses, Sex Offenders, and Victims of Sexual Assault.

The Washington Coalition of Sexual Assault Programs (WCSAP), a nonprofit organization dedicated to uniting agencies engaged in the elimination of sexual violence, is charged with making educational materials available throughout the state to inform parents and other interested community members about:

• the laws related to sex offenses;

• how to recognize behaviors characteristic of sex offenses and sex offenders;

• how to prevent victimization, particularly that of young children;

• how to take advantage of community resources for victims of sexual assault;

• how to prevent children from being recruited into sex trafficking; and

• other information as deemed appropriate.

In fulfilling its educational materials duties, the WCSAP is required to consult with:

• the Washington Association of Sheriffs and Police Chiefs;

• the Washington Association of Prosecuting Attorneys;

• the Washington State School Directors' Association;

• the Association of Washington School Principals;

• the Center for Children and Youth Justice;

• Youthcare;

• the Committee for Children;

• the Department of Early Learning;

• the DSHS;

• the Office of Crime Victims Advocacy;

• the SPI; and

• other relevant organizations.

By September 1 in each even-numbered year, the WCSAP, in consultation with the Washington Association of Sheriffs and Police Chiefs, the Washington Association of Prosecuting Attorneys, and the OSPI is required to review and update the educational materials to assure that they remain current and accurate, and are age-appropriate for a variety of ages.

Summary:

Modifications to the Coordinated Primary Prevention Program for Child Abuse and Neglect.

Provisions governing the coordinated primary prevention program for child abuse and neglect are modified to:

• require the program to also address the prevention of sexual abuse of students in kindergarten through twelfth grade;

• rename the program as "the coordinated program for the prevention of sexual abuse of students in kindergarten through twelfth grade, child abuse, and neglect;"

• remove a reference to the DSHS and the CTED, and insert a reference to the Department of Children, Youth, and Families (DCYF).

Subject to the availability of amounts appropriated for these purposes, the OSPI must, for any curriculum included within a program for the prevention of sexual abuse of students in kindergarten through twelfth grade, make the curriculum available on its website and seek advice and comments regarding the curriculum from:

• the Washington Association of Sheriffs and Police Chiefs;

• the Washington Association of Prosecuting Attorneys;

• the Washington State School Directors' Association;

• the Association of Washington School Principals;

• the Center for Children and Youth Justice;

• Youthcare;

• the Committee for Children;

• the Office of Crime Victims Advocacy; and

• other relevant organizations.

Modifications to Requirements Governing the Dissemination of Child Abuse and Neglect Prevention Curricula.

Provisions governing the dissemination of child abuse and neglect prevention curricula are modified to require the SPI to:

• collect and disseminate to school districts information on and curricula for the coordinated program for the prevention of sexual abuse of students in kindergarten through twelfth grade, child abuse, and neglect;

• adopt rules addressing the prevention of sexual abuse of students in kindergarten through twelfth grade and child abuse for purposes of curricula used in public schools;

• share, along with the DCYF, relevant information, effective July 1, 2018; and

• in accordance with specified funding provisions and other requirements and by June 30, 2019, review any existing curricula related to the prevention of sexual abuse of students in kindergarten through twelfth grade. This review must evaluate the curricula for alignment with specific training and other requirements.

Votes on Final Passage: