Enacts "Erin Merryn's law" to require provision of instruction to prevent child sexual exploitation and abuse in grades kindergarten through eight

10 Co-sponsors

• David J. Valesky
• Diane J. Savino
• David Carlucci
• Eric Adams
• Joseph P. Addabbo Jr.
• Kemp Hannon
• Ruth Hassell-Thompson
• William J. Larkin Jr.
• Roy J. McDonald
• Kevin S. Parker

BILL NUMBER:S6182

Title of bill

An act to amend the education law, in relation to enacting "Erin Merryn's law"

Purpose

Enacts "Erin Merryn's Law" to require provision of instruction to prevent child sexual exploitation and abuse in grades kindergarten through eight.

Summary of provisions

Section 1. Short title "Erin Merryn's law"

Section 2. Legislative findings and intent

Section 3. Amends section 803-a of the education law, as added by chapter 658 of the laws of 1994 to add prevention of child sexual abuse and exploitation to instruction students already receive in the prevention of child abduction. The duties of the local boards of education to select curricula and the commissioner to provide technical assistance are unchanged.

Section 4. Effective date.

Existing law

Section 803-a of the education law currently requires all public school students in grades K-8 to receive instruction designed to prevent child abduction. The law does not mandate how much time must be allocated to the subject, or how frequently the instruction must be given. It must, however, be given under the direct supervision of a regular classroom teacher, even if outside speakers are used. This requirement ensures the quality of the instruction and that the time spent on these important lessons counts toward required classroom time.

Justification

Awareness of the epidemic of child sexual abuse has come a long way since section 803-a was enacted in 1994 and quality school safety programs are already evolving to teach children that abduction by strangers is not the only, or the most common, danger they face. Like other sex crimes, most child sexual abuse is committed by people who know their victims. Trusted acquaintances are most often the perpetrators, followed by family members and then strangers. Updating the language of New York's education requirement to reflect the current understanding of both the sources and warning signs of child predation will help ensure that more children receive practical

and age-appropriate instruction that they can incorporate into their daily lives.

As more and more abuse victims of all ages are coming forward to share stories of horrifying abuses, we are regularly reminded of our sacred obligation to prepare the next generation children to meet life's major challenges. Despite greater openness about these crimes, feelings of shame or stigma still keep many victims and witnesses silent. Many young people suffering abuse or exploitation are still unaware of when and from whom to seek help. Concerned parents may not even know about the latest techniques being used by predators to meet and groom their victims through electronic communications, the internet and social media.

Expanding the required instruction under 803-a to encompass child sex abuse and exploitation prevention will require the state education department to make revisions to its technical advisories but it need not require districts to devote any additional time or staffing resources to student safety instruction. With our growing understanding of the many dangers facing our children and the lifelong injuries sexual abuse and exploitation can inflict, the cost of not providing this vital safety information is simply too high.

Legislative history

None. This is new legislation in New York State.

Fiscal implications

Minimal. The state education department will continue to provide technical assistance to school districts in their development of age-appropriate curricula.

Effective date

This act shall take effect immediately, provided, however, that the amendments to subdivision 1 of section 803-a of the education law, made by section 3 of this act, shall take effect July 1, 2013.