BILL NUMBER: S4070

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to child sexual abuse
awareness

 
PURPOSE:

Enacts legislation to require the provision of instruction to prevent
child sexual exploitation and child abuse in grades kindergarten through
eight.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Education Law section 305 by adding a new subdivision
57 to provide that the Commissioner shall consult with the Department of
Health and other appropriate organizations that have expertise in the
prevention of child sexual exploitation and child abuse, to establish
and develop a program within the department to help prevent such child
              

sexual exploitation and child abuse in grades kindergarten through
eighth grade. Such program shall be defined in regulations and designed
to educate students, parents and school personnel about the prevention
of such child sexual exploitation and abuse. Such age-appropriate model
curriculum, exemplar lesson plans, and best practice instructional
resources for students, parents, and school personnel shall be designed
to promote the prevention of such exploitation and abuse. Such informa-
tion and course materials related to such awareness, prevention, and
education programs shall be placed on its own dedicated webpage.
Further, the Commissioner shall issue a guidance memorandum to every
school district, BOCES, charter school, and nonpublic school of the
availability of such prevention program.

Section 2: Sets the effective date

 
EXISTING LAW:

Section 305 of the education law established the powers and duties of
the commissioner of education.

 
JUSTIFICATION:

Awareness of the epidemic of child sexual abuse has come a long way
since section 803-a was enacted in 1994 and quality school safety
programs are already evolving to teach children that abduction by stran-
gers is not the only, or the most common, danger they face. Like other
sex crimes, most child sexual abuse is committed by people who know
their victims. Trusted acquaintances are most often the perpetrators,
followed by family members and then strangers. Updating the language of
New York's education requirement to reflect the current understanding of
both the sources and warning signs of child predation will help ensure
that more children receive practical and age-appropriate instruction
that they can incorporate into their daily lives.

As more and more abuse victims of all ages are coming forward to share
stories of horrifying abuses, we are regularly reminded of our sacred
obligation to prepare the next generation of children to meet life's
major challenges. Despite greater openness about these crimes, feelings
of shame or stigma still keep many victims and witnesses silent. Many
young people suffering abuse or exploitation are still unaware of when
and from whom to seek help. Concerned parents may not even know about
the latest techniques being used by predators to meet and groom their
victims through electronic communications, the Internet and social
media.

Expanding the required instruction under section 305 to encompass child
sexual exploitation and child abuse prevention will require the Educa-
tion Department to make revisions to its technical advisories but it
need not require districts to devote any additional time or staffing
resources to student safety instruction. With our growing understanding
of the many dangers facing our children and the lifelong injuries sexual
abuse and exploitation can inflict, the cost of not providing this vital
safety information is simply too high.

 
LEGISLATIVE HISTORY:

2017-18: A.3953-A - Held for consideration in Education/S.1953-A Passed
Senate
2015-16: A.90B - Referred to Education/S.1947B - Passed Senate
2013-14: A.661A - Referred to Education/S.2367 - Passed Senate
2011-12: A.8993 - Held for consideration in Education/S.6182 - Passed
Senate

 
FISCAL IMPLICATIONS:

Minimal. The state education department will continue to provide techni-
cal assistance to school districts for this age-appropriate curricula.

 
EFFECTIVE DATE:
This act shall take effect on July 1st of the year next succeeding the
date upon which it shall have become law.

                                
 
BILL NUMBER: S4070A

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the education law, in relation to
requiring a course of study in the prevention of child sexual exploita-
tion and child sexual abuse

 
PURPOSE:

Enacts legislation to require the instruction of curriculum on the
prevention of child sexual exploitation and child sexual abuse in grades
kindergarten through eight.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known as and may be cited as "Erin's Law".

Section 2 Amends Education Law by adding a new section 803-b to provide
that courses of study in the prevention of child sexual exploitation and
child sexual abuse be received by all pupils in grades K-8. Such program
shall be defined by the commissioner in regulations after consultation
              

with the department of health and be designed to educate students,
parents and school personnel about the prevention of child sexual
exploitation and child sexual abuse in grades kindergarten through
eight.

Such age-appropriate model curriculum, exemplar lesson plans, and best
practice instructional resources for students, parents, and school
personnel shall be designed to promote the prevention of such exploita-
tion and abuse. Such instructional tools and materials for students,
parents and school personnel developed in collaboration with the depart-
ment of health shall include updated data and information with a review
of data and information to occur periodically, at intervals deemed
appropriate by the commissioner and the commissioner of health.

All course materials related to such awareness, prevention, and educa-
tion programs shall be placed on its own dedicated webpage.

The commissioner shall provide technical assistance in the development
of curricula for such courses of study. For the purposes of developing
such courses of study, the board of education or trustees of every
school district may establish local advisory councils or utilize the
school-based shared decision making and planning committee established
pursuant to regulations of the commissioner to make recommendations
concerning the content and implementation of such courses. School
districts may alternatively utilize courses of instruction developed by
consortia of school district, the state education department, boards of
cooperative educational services other school districts or any other
agency, public or private.

Such advisory councils shall consist of, but not be limited to, parents,
school trustees and board members, appropriate school personnel, busi-
ness and community representatives, and law enforcement personnel having
experience in the prevention of child sexual exploitation and child
sexual abuse.

The board of education or trustees of every school district may provide
appropriate training and curriculum materials for the regular teachers
who provide such instruction.
Section 3 sets the effective date.

 
EXISTING LAW:

Section 305 of the education law established the powers and duties of
the commissioner of education.

 
JUSTIFICATION:

Awareness of the epidemic of child sexual abuse has come a long way
since section 803-a was enacted in 1994 and quality school safety
programs are already evolving to teach children that abduction by stran-
gers is not the only, or the most common, danger they face. Like other
sex crimes, most child sexual abuse is committed by people who know
their victims. Trusted acquaintances are most often the perpetrators,
followed by family members and then strangers. Updating the language of
New York's education requirement to reflect the current understanding of
both the sources and warning signs of child predation will help ensure
that more children receive practical and age-appropriate instruction
that they can incorporate into their daily lives.

As more and more abuse victims of all ages are coming forward to share
stories of horrifying abuses, we are regularly reminded of our sacred
obligation to prepare the next generation of children to meet life's
major challenges. Despite greater openness about these crimes, feelings
of shame or stigma still keep many victims and witnesses silent. Many
young people suffering abuse or exploitation are still unaware of when
and from whom to seek help. Concerned parents may not even know about
the latest techniques being used by predators to meet and groom their
victims through electronic communications, the Internet and social
media.

With our growing understanding of the many dangers facing our children
and the lifelong injuries sexual abuse and exploitation can inflict, the
cost of not providing this vital safety information to students is
simply too high.

 
LEGISLATIVE HISTORY:

2017-18:A.3953-A - Held for consideration in Education/S.1953-A - Passed
Senate
2015-16:A.90B - Referred to Education/S.1947B - Passed Senate
2013-14:A.661A - Referred to Education/S.2367 - Passed Senate
2011-12:A.8993 - Held for consideration in Education/S.6182 - Passed
Senate

 
FISCAL IMPLICATIONS:

Minimal. The state education department will continue to provide techni-
cal assistance to school districts for these age-appropriate curricula.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made or completed on or before such effective
date.