§ 53A-13-112. Child sexual abuse prevention. (Effective 5/13/2014)

(1) As used in this section, "school personnel" is as defined in Section 53A-11-605.

(2) On or before July 1, 2015, the State Board of Education shall approve, in partnership with the Department of Human Services, age-appropriate instructional materials for the training and instruction described in Subsections (3)(a) and (4).

(3)

(a) Beginning in the 2016-17 school year, a school district or charter school shall provide training and instruction on child sexual abuse prevention and awareness to:

(i) school personnel in elementary and secondary schools on:

(A) responding to a disclosure of child sexual abuse in a supportive, appropriate manner; and

(B) the mandatory reporting requirements described in Sections 53A-6-502 and 62A-4a-403; and

(ii) parents or guardians of elementary school students on:

(A) recognizing warning signs of a child who is being sexually abused; and

(B) effective, age-appropriate methods for discussing the topic of child sexual abuse with a child.

(b) A school district or charter school shall use the instructional materials approved by the State Board of Education under Subsection (2) to provide the training and instruction to school personnel and parents or guardians under Subsection (3)(a).

(4)

(a) In accordance with Subsections (4)(b) and (5), a school district or charter school may provide instruction on child sexual abuse prevention and awareness to elementary school students using age-appropriate curriculum.

(b) Beginning in the 2016-17 school year, a school district or charter school that provides the instruction described in Subsection (4)(a) shall use the instructional materials approved by the board under Subsection (2) to provide the instruction.

(5)

(a) An elementary school student may not be given the instruction described in Subsection (4) unless the parent or guardian of the student is:

(i) notified in advance of the:

(A) instruction and the content of the instruction; and

(B) parent or guardian's right to have the student excused from the instruction;

(ii) given an opportunity to review the instructional materials before the instruction occurs; and

(iii) allowed to be present when the instruction is delivered.

(b) Upon the written request of the parent or guardian of an elementary school student, the student shall be excused from the instruction described in Subsection (4).

(c) Participation of a student requires compliance with Sections 53A-13-301 and 53A-13-302.

(6) A school district or charter school may determine the mode of delivery for the training and instruction described in Subsections (3) and (4).

(7)

(a) The State Board of Education shall report to the Education Interim Committee on the progress of the provisions of this section by the committee's November 2017 meeting.

(b) Upon request of the State Board of Education, a school district or charter school shall provide to the State Board of Education information that is necessary for the report required under Subsection (7)(a).

Enacted by Chapter 342, 2014 General Session