SB 302 — Authorizing child sexual abuse and sexual violence prevention program and in-service training in child sexual abuse prevention

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 302 ByBYSENATORW SenatorsOELFEL WoelfelADEEDS and[Originating Deedsin [Introducedthe JanuaryCommittee 12,on 2024;Education;

referredreported toJanuary the24, Committee2024] onCS Education]for Intr SB 2024R1341302 A BILL to amend and reenact §18-2-41 of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7g, relating to authorizingrequiring ain childgrades sexualthree abusethrough andsix, sexualat violenceleast preventionannual programage-appropriate andinstruction in-service training in child sexual abuse prevention.prevention;

requiring in grades three through six, at least annual instruction in personal safety and assault prevention;

providing exception;

requiring annual notice to parent or guardian at least one week prior to personal safety and assault prevention instruction;

and requiring in grades seven through 12, at least annual age-appropriate instruction in dating violence prevention and sexual violence prevention.

STATE BOARD OF EDUCATIONEDUCATION. §18-2-7g.

Program§18-2-41. in child sexual abuse and sexual violence prevention.

(a)Education In grades 3 through 6, annual age-appropriate instruction in child sexual abuse prevention, including information on available counseling and resourcesPrevention forof childrenthe whoSexual areAbuse sexuallyof abused.Children.

(b)(a) InEducation gradesof 3children throughin 6,grades instructionK-12 in— personalBeginning safetyJuly and1, assault2019 prevention,2024, exceptchildren thatin upongrades writtenK-12 requestshall ofreceive thebody student'sage-appropriate parentsafety orinformation guardian,at aleast studentonce shallper beacademic excusedschool fromyear, takingwith instructiona inpreference personalfor safetyfour andtimes assaultper prevention.academic year.

(c)To Infacilitate gradesthis 7process throughand 12,develop age-appropriateresources, instructionthe instate datingboard violenceshall preventionpropose educationa andlegislative sexualrule violencefor preventionpromulgation, education, which shall include instruction in recognizingaccordance datingwith violencepropose warninga signslegislative andrule characteristicspursuant ofto healthy§29A-3B-1 relationships.et seq.

(d) In order to assist county school boards in developing a dating violence prevention education and sexual violence prevention education curriculum, the State Board of Educationthis shallcode provideby onDecember its31, web2018 siteJuly links1, to2024. free curricula addressing dating violence prevention and sexual violence prevention.

(e)The Ifrule theshall parentprovide orfor legal guardian of a student submits to the principal of the student's school a written request to examine the dating violence prevention and sexual violence prevention instruction materials used at thatleast school, the principal,following: within a reasonable period of time after the request is made, shall allow the parent or guardian to examine those materials at that school.

(f)(1) TheDevelopmentally stateappropriate boardeducation shall adopt the curriculum a program of in-service training in the prevention of child abuse, and violence,resources, andincluding, thebut promotionnot oflimited positiveto: youth development pursuant to the provisions of §18A-3-1 of this code.

Intr(A) SBIn 2024R1341grades (g)three Anythrough personsix, employed by any county board to work in a school as a nurse, teacher, counselor, school psychologist, or administrator shall complete at least fourannual hoursage-appropriate ofinstruction the in-service training in the prevention of child abuse,sexual andabuse violence,prevention, andincluding theinformation promotionon ofavailable positivecounseling youth development and shallresources completefor trainingchildren everywho fiveare yearssexually thereafter.abused;

(h)(B) TheIn stategrades boardthree through six, at least annual instruction in personal safety and assault prevention, except that upon written request of the student’s parent or guardian, a student shall incorporatebe trainingexcused onfrom childtaking sexualinstruction abuse.in personal safety and assault prevention.

The trainingschool completedshall underprovide thisannual provisionnotice shallto counteach towardstudent’s theparent satisfactionor ofguardian requirementsat forleast professionalone developmentweek requiredprior byto theany stateinstruction board.provided pursuant to this paragraph;

NOTE:and CS for SB 302 (C) In grades seven through 12, at least annual age-appropriate instruction in dating violence prevention and sexual violence prevention, which shall include instruction in recognizing dating violence warning signs and characteristics of healthy relationships;

The(2) purposeSocial ofmedia thisusage bill is to authorize a child sexual abuse and sexualcontent; violence prevention program and in-service training in child sexual abuse prevention.

Strike-throughs(3) indicateImplementation languageof thatbest wouldpractices; be stricken from a heading or the present law and underscoring indicates new language that would be added.

(4) Differing county and school sizes, demographics, etc.

relating to implementation strategies;

(5) Strategies for dealing with disclosures after student education;

(6) Rules informed by family voice;

(7) Offender dynamics;

(8) Child-on-child scenarios;

(9) Rules on development of supplementary materials, including posting of the child abuse hotline, to embed into the school climate;

and (10) Protocols for local crisis response in conjunction with §18-9F-9 of this code.

(b) Training of public school employees.

The state board shall propose by December 31, 2018 promulgate a legislative rule for promulgation in accordance with pursuant to §29A-3B-1 et seq.

of this code and if necessary may promulgate an emergency rule in accordance with said article for the establishment of standards for training requirements of all public school employees focused on developing skills, knowledge, and capabilities related to preventing child sexual abuse and recognizing and responding to suspected abuse and neglect.

The rule shall provide for at least the following:

(1) This required training shall include comprehensive instruction and information to better equip schools and their employees, including how to:

(A) Recognize sexually offending behaviors in adults, questionable behaviors such as boundary violations, and signs in adults that might indicate they pose a sexual risk to children;

CS for SB 302 (B) Recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or abusive behaviors among children and youth served by schools;

(C) Recognize behaviors and verbal cues that might indicate a child or youth has been a victim of abuse or neglect;

(D) Support the healthy development of children and youth and the building of protective factors to mitigate against their sexual victimization by adults or peers;


 (E) Recognize and appropriately respond to student infatuations and flirtations with adults in schools;

(F) Recognize appropriate and inappropriate social media usage by adults and children;

(G) Provide consistent and standard protocols for responding to disclosures of sexual abuse or reports of boundary-violating behaviors by adults or children in a supportive and appropriate manner which meet mandated reporting requirements;