February 13, 2018, Introduced by Rep. Kosowski and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1505 and 1505a (MCL 380.1505 and 380.1505a),
section 1505 as added by 2012 PA 594 and section 1505a as added by
2012 PA 595.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1505. (1) The board of a school district or intermediate
school district or board of directors of a public school academy
may
shall adopt and implement a policy addressing sexual abuse
of
children.
If a board or board of directors adopts and implements a
policy
addressing sexual abuse of children, the A policy shall
adopted and implemented under this subsection must be substantially
consistent with the recommendations and guidelines set by the task
force on the prevention of sexual abuse of children created under
section 12b of the child protection law, 1975 PA 238, MCL 722.632b,
and
may must address, but is not limited to, any all of
the
following:
(a) Age-appropriate, evidence-based curriculum and instruction
for pupils in grades pre-K to 5 concerning child sexual abuse
awareness and prevention.
(b) Training for school personnel on child sexual abuse,
including, but not limited to, training on supportive, appropriate
response to disclosure of abuse.
(c) Providing educational information to parents or guardians
on the warning signs of a child being sexually abused and
information on needed assistance, referral, or resources. This
information
may shall be provided in the student handbook that is
distributed to pupils and parents and guardians.
(d) Available counseling and resources for pupils affected by
sexual abuse.
(e) Emotional and educational support for a pupil affected by
sexual abuse to allow the pupil to continue to be successful in
school.
(f) A review of the system that is in place in the school
district, intermediate school district, or public school academy to
educate and support school personnel who are required to report
child abuse or neglect under section 3 of the child protection law,
1975 PA 238, MCL 722.623, and the process in place for making those
mandatory
reports. This review should must
include an analysis of
the level of compliance with the mandatory reporting requirements
and suggestions to improve compliance.
(2)
Any The instruction, training, or and information
provided
pursuant to a policy adopted and implemented under subsection (1)
shall
must be substantially consistent with the recommendations
and
guidelines set by the task force on the prevention of sexual abuse
of children created under section 12b of the child protection law,
1975
PA 238, MCL 722.632b, and may must
address, but is not limited
to,
any all of the following:
(a) Methods for increasing teacher, pupil, and parent
awareness of issues regarding sexual abuse of children, including
knowledge of likely warning signs indicating that a child may be a
victim of sexual abuse.
(b) Actions that a child who is a victim of sexual abuse may
take to obtain assistance and intervention.
(c) Available counseling options for pupils affected by sexual
abuse.
(3) Pupil instruction under this section is subject to section
1505a.
Sec.
1505a. If a school district, intermediate school
district,
or public school academy provides instruction to pupils
on
child sexual abuse pursuant to the policy adopted under section
1505,
both Both of the following apply to a policy addressing
sexual abuse of children adopted and implemented under section
1505:
(a) A pupil shall not be provided with the instruction unless
the pupil's parent or guardian is notified in advance of the
instruction and the content of the instruction, is given a prior
opportunity to review the materials to be used in the instruction,
and is notified in advance of his or her right to have the pupil
excused from the instruction.
(b) Upon the written request of a pupil's parent or legal
guardian, a pupil shall be excused from the instruction without
penalty or loss of academic credit.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.