Requires the commissioner of education to make recommendations to the board of regents relating to instruction on preventing child sexual exploitation and abuse in grades K - 8

Section 2. Legislative findings and intent

Section 3. Amends section 305 of the Education law by adding subdivision 55 to read as follows:

a. The commissioner shall make recommendations to the regents relating to instruction to prevent child sexual exploitation and child abuse in grades kindergarten through eight.

b. Prior to the recommendations the commissioner shall seek recommendations from teachers, school administrators, and teacher educators. As well as, comments from parents, students, and other interested parties. The commissioner shall consider the amount of instructional time such curriculum will require, the fiscal impact on the state and the school districts, and any additional factors that may be relevant.

c. The commissioner shall provide a recommendation to adopt or reject the implementation of such curriculum, no later than one hundred eighty days after the effective date of this subdivision. The regents shall vote to either accept or reject the implementation of such curriculum, no later than one hundred eighty days after the effective date of this subdivision. The regents shall vote to either accept or reject the commissioner's recommendation no later than sixty days after receiving the recommendation.

d. If the curriculum is adapted, the curriculum requirement shall take effect no later than the following school year after the curriculum has been adopted.

e. If the curriculum is rejected, the commissioner shall provide a report as to the determination of the regents to the governor, the president of the senate, the speaker of the assembly, and the chairs of the senate and assembly committees on education.

Section 4. Effective date.

Existing law

Section 503 of the education law established the powers and duties of the commissioner of education.

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

2012: A similar bill S. 6182 - Passed Senate and it is based on similar language to chapter 417 of the Laws of 2014. The amendment of this bill to a "B" Print was to renumber subdivision 53 to 55 based on alterations to this law from chapters enacted into law in 2015.

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.