HF 2154 (LSB 5729YH (3) 88)

HOUSE FILE 2154

BY  MOHR

A BILL FOR

An Act relating to child sexual abuse and child sexual assault awareness and prevention.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, subsection 46, paragraph a, Code 2020, is amended to read as follows:
   a.  Develop and make available to school districts, examples of age-appropriate and research-based materials and lists of resources which parents may use to teach their children to recognize unwanted physical and verbal sexual advances, to not make unwanted physical and verbal sexual advances, to effectively reject unwanted sexual advances, that it is wrong to take advantage of or exploit another person, about the dangers of sexual exploitation by means of the internet including specific strategies to help students protect themselves and their personally identifiable information from such exploitation, and about counseling, medical, and legal resources available to survivors of sexual abuse and sexual assault, including resources for escaping violent relationships. The materials and resources shall cover verbal, physical, and visual sexual harassment, including nonconsensual sexual advances, and nonconsensual physical sexual contact and shall also cover child sexual abuse and child sexual assault awareness and prevention. In developing the materials and resource list, the director shall consult with entities that shall include but not be limited to the departments of human services, public health, and public safety, education stakeholders, and parent-teacher organizations. School districts shall provide age-appropriate and research-based materials and a list of available community and internet-based resources to parents at registration and shall also include the age-appropriate and research-based materials and resource list in the student handbook. School districts are encouraged to work with their communities to provide voluntary parent education sessions to provide parents with the skills and appropriate strategies to teach their children as described in this subsection. School districts shall incorporate the age-appropriate and research-based materials into relevant curricula and shall reinforce the importance of preventive measures when reasonable with parents and students.
    Sec. 2.  Section 272.2, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  Adopt rules establishing continuing education requirements for renewal of a license, certificate, statement of professional recognition, or authorization. Continuing education activities may include but are not limited to participating in or presenting at in-service training programs on child sexual abuse and sexual assault awareness and prevention.
    Sec. 3.  Section 279.50, subsection 2, Code 2020, is amended to read as follows:
   2.  Each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding human the following: 
   a.  Human sexuality, self-esteem, stress management, interpersonal relationships, domestic abuse, HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome as required in section 256.11, in grades one through twelve.
   b.  Child sexual abuse and child sexual assault awareness and prevention in kindergarten through grade twelve, and in prekindergarten if the school district offers a prekindergarten program.
    Sec. 4.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to child sexual abuse and sexual assault awareness and prevention by providing that continuing education activities authorized by the board of educational examiners for purposes of renewing a license, certificate, statement of professional recognition, or authorization may include participating in or presenting at in-service training programs on child sexual abuse and child sexual assault awareness and prevention. The bill also requires school districts to provide age-appropriate and research-based instruction in child sexual abuse and child sexual assault awareness and prevention as part of its human growth and development instruction in kindergarten through grade 12, and in prekindergarten if the school district offers a prekindergarten program. 
   Currently, the director of the department of education has a duty to develop and make available to school districts examples of age-appropriate and research-based materials. The bill specifies that the age-appropriate and research-based materials and resources shall also cover child sexual abuse and child sexual assault awareness and prevention.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.