Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Education Committee
ESB 5355
Brief Description: Mandating instruction on sex trafficking prevention and identification for students in grades seven through 12.
Sponsors: Senators Wilson, C., Kuderer, Lovelett, Nguyen, Randall, Valdez and Wellman.
Brief Summary of Engrossed Bill
  • Requires school districts to provide instruction on sex trafficking prevention and identification at least once to students between grades 7 and 12, beginning by the 2025-26 school year.
  • Establishes a child sexual abuse and sex trafficking prevention and identification public-private partnership account and specifies that expenditures from the account may be used only for curriculum and professional development to support instruction on child sexual abuse and sex trafficking prevention and identification.
Hearing Date: 3/16/23
Staff: Ethan Moreno (786-7386).
Background:

State law establishes instructional and other requirements related to identifying and preventing sexual abuse and violence involving students.  Examples of those requirements are described below.
 
The Office of the Superintendent of Public Instruction (OSPI) is designated as the lead agency charged with assisting the Department of Children, Youth, and Families and school districts in establishing a coordinated program for the prevention of sexual abuse, child abuse, and neglect of students in kindergarten through grade 12.  The OSPI is required to collect and disseminate to school districts information on and curricula for the program.  
 
The OSPI is also required to adopt rules addressing the prevention of sexual abuse and child abuse of students in kindergarten through grade 12 for purposes of a public school curricula.  Additionally, the OSPI has adopted a prevention and intervention resource guide for educators, and others, titled Commercial Sexual Exploitation, Abuse and Trafficking of Children and Youth.
 
At the local level, 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.
 
Mandatory comprehensive sexual health education for students in grades 4 through 12 must include information about specified issues and subjects, including:

  • the development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks, and choose healthy behaviors and relationships based on mutual respect and affection, and free from violence, coercion, and intimidation;
  • the development of meaningful relationships and avoidance of exploitative relationships; and
  • affirmative consent and recognizing and responding safely and effectively when violence, or a risk of violence, is or may be present.
Summary of Bill:

Beginning no later than the 2025-26 school year, school districts must provide instruction on sex trafficking prevention and identification at least once between grades 7 and 12.  The instruction may be integrated into other relevant courses, or an existing course may be repurposed to include this instruction depending on the school or school district funding and circumstances.
 
The required instruction must include:

  • information related to race, gender, and socioeconomic status in sex trafficking as it relates to both victims and perpetrators, including issues of intersectionality and legislative implications of these categories;
  • medically and legally accurate definitions of sex trafficking and information related to how terms become stigmatized; and
  • information related to reporting systems and community engagement opportunities with local, state, or national organizations against sex trafficking, and basic identification training to determine if an individual is at risk of or has been sex trafficked.

 
The Child Sexual Abuse and Sex Trafficking Prevention and Identification Public-Private Partnership Account (Account) is created in the custody of the State Treasurer.  All receipts from gifts, grants, or endowments from public or private sources, federal funds, and any appropriations made by the Legislature or other sources must be deposited into the Account.
 
Expenditures from the Account may be used only for curriculum and professional development to support instruction on child sexual abuse and sex trafficking prevention and identification.  Only the Superintending of Public Instruction (SPI) or the SPI's designee may authorize expenditures from the Account.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.