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An Act To Require Education in Public Preschool Programs and Elementary Schools Regarding Child Sexual Abuse
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §254, sub-§18  is enacted to read:
 
18.  Model policies and technical assistance for instruction in health education; child sexual abuse.     The commissioner shall develop model policies and a program of technical assistance for child sexual abuse response policies and reporting procedures and for age-appropriate instruction on child sexual abuse detection and prevention that may be used as part of the basic course of study in elementary schools required by section 4711 for all students enrolled in kindergarten to grade 5 and the standards and best practices for public preschool programs operated in compliance with chapter 203, subchapter 3.
 
A.  The commissioner, in consultation with the Department of Health and Human Services, organizations that have expertise in child sexual abuse and organizations representing school boards, administrators, teachers and parents, shall:
 
(1) Identify research and evidence-based model educational materials on child sexual abuse; and
 
(2) Develop a model for child sexual abuse response policies and reporting procedures.
 
B.  Not later than March 1, 2016, the department shall make the model policies and program developed or identified under this section available to assist elementary schools with the implementation of:
 
(1) Child sexual abuse education programs in public preschool programs and kindergarten to grade 5; and
 
(2) Child sexual abuse response policies and reporting procedures.
 
C.  The model educational materials on child sexual abuse identified or developed under paragraph A may include the following topics:
 
(1) Warning signs of a child who is being sexually abused;
 
(2) The basic principles of child sexual abuse prevention;
 
(3) Methods of student, teacher and parental education and outreach; and
 
(4) Accommodation provisions for instances in which educational materials conflict with sincerely held religious or philosophical beliefs of a student's parent or guardian.
 
D.  The model child sexual abuse response policies and reporting procedures referred to in paragraph B may include the following topics:
 
(1) Actions that a child who is a victim of sexual abuse may take to obtain assistance; and
 
(2) Reporting procedures.
 
E.  The department shall offer technical assistance to school administrative units that operate a public preschool program or an elementary school to aid in the establishment of child sexual abuse programs that are to be implemented as part of the health education curriculum.
 
F.  A copy of the model policies and the program of technical assistance prepared by the commissioner pursuant to this subsection must be sent to each school administrative unit in the State and posted on the publicly accessible portion of the department's website along with any training and instructional materials related to the model policies that the commissioner determines necessary.
Sec. 2.  20-A MRSA §4502, sub-§5-C  is enacted to read:
 
5-C.  Detection and prevention of child sexual abuse.     Beginning in the 2016-2017 school year, a school administrative unit that operates a public preschool program or an elementary school shall develop a plan that includes:
 
A.  A written local policy for child sexual abuse prevention programs and child sexual abuse response policies and reporting procedures that are consistent with the model policies developed by the commissioner pursuant to section 254, subsection 18; and
 
B.  An implementation plan for age-appropriate instruction on the detection and prevention of child sexual abuse that may be used as part of the basic course of study in elementary schools required by section 4711 for all students enrolled in kindergarten to grade 5 and the standards and best practices for public preschool programs operated in compliance with chapter 203, subchapter 3.
Sec. 3. 20-A MRSA §4711, as amended by PL 2009, c. 313, §11, is further amended to read:
§ 4711.Elementary course of study
The basic course of study for the elementary schools must provide for the instruction of all students in career and education development, English language arts, world languages, health education and physical education, mathematics, science and technology, social studies and visual and performing arts, as described in the parameters for essential instruction and graduation requirements subject to the schedule specified in section 6209. Beginning in the 2016-2017 school year, the basic course of study must include as part of health education age-appropriate instruction on child sexual abuse detection and prevention for all students enrolled in kindergarten to grade 5.
Sec. 4.  20-A MRSA §4713  is enacted to read:
§ 4713. Public preschool course of study
The basic course of study for public preschool programs operated in compliance with chapter 203, subchapter 3 must provide all students in public preschool programs with the resources and comprehensive services necessary to meet the standards, best practices and assessment program as required by rules adopted by the department in accordance with section 4271, subsection 4 and section 4501, subsection 1. Beginning in the 2016-2017 school year, the basic course of study must include as part of health education age-appropriate instruction on child sexual abuse detection and prevention for all students enrolled in the public preschool program.
Sec. 5. 20-A MRSA §6209, sub-§4, as amended by PL 2013, c. 244, §2, is further amended to read:
 
4. Review cycle.   The commissioner shall conduct a review of the content standards and performance indicators by content area on a 5-year cycle beginning in the 2015-2016 school year. The review of the content standards and performance indicators for the content area of social studies, including student achievement of proficiency in personal finance, and the content area of health, physical education and wellness, including age-appropriate instruction on child sexual abuse detection and prevention for all students enrolled in public preschool programs and kindergarten to grade 5, must be included in the commissioner's review during the 2015-2016 school year. Any changes that are recommended must be approved through the same process used for establishment of the system of learning results.
 
SUMMARY
This bill requires the Commissioner of Education to develop model policies and a program of technical assistance for child sexual abuse response policies and reporting procedures and for age-appropriate instruction on child sexual abuse detection and prevention that may be used as part of the basic course of study in public preschool programs and elementary schools. The bill requires the Department of Education to make the model policies and technical assistance program available no later than March 1, 2016 to assist school administrative units with the implementation of child sexual abuse education programs and child sexual abuse response policies and reporting procedures in public preschool programs and kindergarten to grade 5.
The bill requires that, beginning in the 2016-2017 school year, the basic course of study for elementary schools must include age-appropriate instruction on child sexual abuse detection and prevention for all students enrolled in public preschool programs and kindergarten to grade 5. The bill requires a school administrative unit that operates a public preschool program or an elementary school to develop a prevention plan, beginning in the 2016-2017 school year, that includes a written local policy and an implementation plan for the child sexual abuse education programs and child sexual abuse response policies and reporting procedures.
The bill also requires the commissioner to review the content standards and performance indicators for the content area of health education, including age-appropriate instruction on child sexual abuse detection and prevention during the 2015-2016 school year as part of the commissioner's 5-year review cycle of the content standards and performance indicators required under the system of learning results.