HOUSE BILL NO. 4195

February 14, 2019, Introduced by Reps. Hertel, Brenda Carter, Love, Shannon, Chirkun, Ellison, Pagan, Lasinski, Sabo, Cambensy, Kennedy, Hood, Hope, Cynthia Johnson, Cherry, Yaroch, Kuppa, Elder, Haadsma, Stone, Koleszar and Camilleri and referred to the Committee on Education.

"The revised school code,"

by amending section 1505 (MCL 380.1505), as added by 2012 PA 594, and by adding section 1527a.

the people of the state of michigan enact:

Sec. 1505. (1) The Except as otherwise provided in this subsection, the board of a school district or intermediate school district or board of directors of a public school academy may adopt and implement a policy addressing sexual abuse of children. If a board or board of directors adopts and implements a policy addressing sexual abuse of children, the Not later than 2 years after the effective date of the amendatory act that added section 1527a, the department shall develop and make available to all public schools guidelines for a policy addressing the sexual abuse of children that are consistent with this section. Not later than 1 year after the department makes those guidelines available to all public schools, the board of a school district or intermediate school district or board of directors of a public school academy shall adopt and implement a policy in consultation with school personnel, including, but not limited to, teachers and support staff, that is aligned with the guidelines developed by the department. A policy shall adopted and implemented under this section must also be substantially consistent with the recommendations and guidelines set by the task force on the prevention of sexual abuse of children created under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and may address, but is not limited to, any of the following:

(a) Age-appropriate, evidence-based curriculum and instruction for pupils in grades pre-K to 5 concerning child sexual abuse awareness and prevention.

(b) Training for school personnel on child sexual abuse, including, but not limited to, training on supportive, appropriate response to disclosure of abuse.

(c) Providing educational information to parents or guardians on the warning signs of a child being sexually abused and information on needed assistance, referral, or resources. This information may be provided in the student handbook that is distributed to pupils and parents and guardians.

(d) Available counseling and resources for pupils affected by sexual abuse.

(e) Emotional and educational support for a pupil affected by sexual abuse to allow the pupil to continue to be successful in school.

(f) A review of the system that is in place in the school district, intermediate school district, or public school academy to educate and support school personnel who are required to report child abuse or neglect under section 3 of the child protection law, 1975 PA 238, MCL 722.623, and the process in place for making those mandatory reports. This review should include an analysis of the level of compliance with the mandatory reporting requirements and suggestions to improve compliance.

(2) Any instruction, training, or information provided pursuant to a policy adopted under subsection (1) shall must be substantially consistent with the recommendations and guidelines set by the task force on the prevention of sexual abuse of children created under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and may address, but is not limited to, any of the following:

(a) Methods for increasing teacher, pupil, and parent awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse.

(b) Actions that a child who is a victim of sexual abuse may take to obtain assistance and intervention.

(3) Pupil instruction under this section is subject to section 1505a.

Sec. 1527a. (1) Not later than 2 years after the effective date of the amendatory act that added this section, the department shall develop and make available to public schools guidelines for professional development or other training that enables school personnel to respond to pupil disclosures relating to assault in a manner that is culturally sensitive and psychologically adept and does not unduly further traumatize the pupil who makes the disclosure.

(2) Not later than 1 year after the department makes available the guidelines developed under subsection (1), a board of a school district or board of directors of a public school academy shall implement professional development or other training that is aligned with those guidelines.

(3) A board or board of directors may count professional development provided to teachers under this section toward the professional development required under section 1527.

(4) As used in this section:

(a) "Assault" includes physical assault, as that term is defined in section 1310, and sexual assault.

(b) "School personnel" means that term as defined in section 1307h.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.