HF 215 (LSB 2018YH (1) 91)

HOUSE FILE 215

BY  MOHR

(COMPANION TO SF 172 BY TAYLOR)

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 2025, 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 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 health and human services 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 256.9, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  69.  Develop and distribute to school districts, accredited nonpublic schools, charter schools, and innovation zone schools model guidelines related to how to best provide instruction to students enrolled in kindergarten through grade six in child sexual abuse and child sexual abuse awareness and prevention. The model guidelines must provide guidance related to how to do all of the following:
   a.  Educate students on child sexual abuse prevention using various methods, including discussions, activities, books, and guest speakers.
   b.  Give students the knowledge and encouragement to speak up and alert someone if any person has ever touched the student inappropriately.
   c.  Educate students on safe touch, unsafe touch, safe secrets, and unsafe secrets.
   d.  Educate students on how to get away from an abuser and report an incident immediately.
    Sec. 3.  Section 256.146, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  28.  Adopt rules pursuant to chapter 17A establishing continuing education requirements for renewal of a license, certificate, authorization, or statement of recognition. Continuing education activities may include participating in or presenting at in-service training programs related to child sexual abuse and child sexual assault awareness and prevention.
    Sec. 4.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0k.  Be subject to and comply with the requirements of section 280.36 relating to instruction regarding child sexual abuse and child sexual assault awareness and prevention provided to students enrolled in kindergarten through grade six in the same manner as a school district.
    Sec. 5.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  r.  Be subject to and comply with the requirements of section 280.36 relating to instruction regarding child sexual abuse and child sexual assault awareness and prevention provided to students enrolled in kindergarten through grade six in the same manner as a school district.
    Sec. 6.  NEW SECTION.  280.36  Instruction related to child sexual abuse.
   The board of directors of each school district and the authorities in charge of each accredited nonpublic school shall provide instruction related to child sexual abuse and child sexual assault awareness and prevention that is consistent with the model guidelines developed and distributed by the director of the department of education pursuant to section 256.9, subsection 69, to students enrolled in kindergarten through grade six.
    Sec. 7.  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 child sexual assault awareness and prevention.
   Current law requires the director of the department of education to develop and make available to school districts examples of age-appropriate and research-based materials. The bill provides that the age-appropriate and research-based materials shall also cover child sexual abuse and child sexual assault awareness and prevention.
   The bill requires the director of the department of education to develop and distribute to school districts, accredited nonpublic schools, charter schools, and innovation zone schools model guidelines related to how to best provide instruction to students enrolled in kindergarten through grade six in child sexual abuse and child sexual abuse awareness and prevention. The bill establishes requirements related to the model guidelines.
   The bill requires school districts, accredited nonpublic schools, charter schools, and innovation zone schools to provide instruction related to child sexual abuse and child sexual assault awareness and prevention that is consistent with the model guidelines to students enrolled in kindergarten through grade six.
   The bill requires the board of educational examiners to adopt rules that establish continuing education requirements for renewal of a license, certificate, authorization, or statement of recognition. The bill establishes that continuing education activities may include participating in or presenting at in-service training programs related to 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.