Senate Bill S6666A

                                
 
BILL NUMBER: S6666a

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to instruction regarding
the prevention and reporting of sexual abuse and assault

 
PURPOSE:

This legislation amends section 803-b of the Education Law. This section
requires that age appropriate instruction concerning the recognition,
avoidance, refusal and reporting of incidences of sexual abuse and
assault be included as an integral part of health education for students
from elementary through high school.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 803-b to make the coursework available for all
pupils in K-12 rather than K-8. It requires the teaching of recognition,
avoidance, refusal, and reporting of incidences of sexual assault and
              

abuse for all students in New York State public schools. This bill
requires that the curriculum taught to the children is kept current with
the practices and standards in the prevention of sexual abuse and
assault. In addition to the Commissioner of Education and the Department
of Health, child advocacy agencies shall be consulted to develop the
coursework.

For elementary school children, the curriculum will be taught by either
the regular classroom teacher or a teacher holding a certificate to
teach health education. These teachers would be trained on the avoidance
and reporting of child sexual abuse and assault. For secondary and high
school children, the instruction shall be given by teachers certified to
teach health education. All instruction would be age appropriate.

Section 2 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This bill amends Section 803-b of the Education Law through making the
courses of study in prevention of child sexual exploitation and child
sexual abuse to pupils in K-12 rather than K-8. It hones in on the
development of the coursework to include instruction concerning the
recognition, avoidance, refusal, and reporting of incidences of sexual
abuse and assault. It addresses the coursework in grades K-8 can be
taught by a regular classroom teacher and for grades 9-12 a teacher
certified to teach health education. The bill recognizes that age appro-
priate curriculum exists and is available by child advocacy agencies
such as the New York Society for the Prevention of Cruelty to Children.
The Commissioner of Education after consultation with the Department of
Health can consult with such agencies to adopt this curriculum in order
to develop the coursework.

 
JUSTIFICATION:  All children deserve to be raised in an environment
safe from abuse and neglect. However, studies cited by Prevent Child
Abuse America estimate that at least 20% of American women and 5-16% of
American men experienced some form of sexual abuse as children. Sexual
abuse can occur in any setting, all populations, at all socioeconomic
and educational levels, and across all racial and cultural groups. Child
sexual abuse is a chronic, under-reported tragedy in the United States.
Studies reveal that oftentimes the perpetrator is a trusted acquaint-
ance, followed by family members, and then strangers. This known fact
raises the critical need for institutional protection.  Through ensuring
age appropriate instruction is available as part of health education for
students in K-12, we move one step closer to preventing or halting the
sexual or nonsexual abuse while it's underway.

Survivors of child sexual abuse express the adverse challenge that stems
from not having the knowledge to describe the abuse which they experi-
enced as a child. Many advocates working on developing methods to
prevent sexual abuse or assault are survivors that share this testimony.
They believe by providing age appropriate instruction to children, we
mitigate the perpetuation of child sexual abuse and assault while it's
underway rather than when the child is a post-traumatic teen or adult.
Making the curricula K-12 will ensure that all young people have access
to the tools that help them better understand the situation they may
face.

 
LEGISLATIVE HISTORY:

2017-2018: A.533 - Referred to Education
2015-2016: A.1037 - Referred to Education
2013-2014: A.1345 - Referred to Education
2011-2012: A.1960 - Referred to Education
2009-2010: A.384 - Referred to Education
2007-2008: A.3012 - Referred to Education
2005-2006: A.8415-A - Passed Assembly

 
STATE AND LOCAL FISCAL IMPLICATIONS:

Minimal

 
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 if chapter
187 of the laws of 2019 shall not have taken effect on or before such
date then this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2019 takes effect.  Effective
immediately the commissioner of education is authorized to adopt any
rules or regulations necessary to implement the provisions of this act
on such effective date.