SR42

WHEREAS, sexual violence remains a serious and ongoing threat to the safety, health, and well-being of children and young people in the State; and

WHEREAS, the National Sexual Violence Resource Center defines sexual violence as any type of unwanted sexual contact, whether by force, manipulation, or coercion; and

WHEREAS, at least one in five girls and one in twenty boys in the United States is a victim of child sexual abuse; and

WHEREAS, self-report studies show that twenty percent of adult females and five to ten percent of adult males recall a childhood sexual assault or other incident of sexual abuse; and

WHEREAS, according to the Hawaii Youth Risk Behavior Surveys for 2013, 2015, and 2017, high school-aged public school students in the State report experiencing forms of sexual violence in childhood and their immediate past at a higher rate than their national peers; and

WHEREAS, sexual violence experienced by children is often kept silent; and

WHEREAS, child victims are routinely made to feel ashamed or blameworthy and are not equipped to seek help or protect themselves from further violence; and

WHEREAS, in many cases, the only witnesses to sexual violence are the perpetrator and the victim; and

WHEREAS, survivors of sexual abuse often do not disclose the abuse for decades or longer; and

WHEREAS, presently, programs and curricula approved by the Department of Education provide sexual violence prevention education to students and training for school staff; and

WHEREAS, however, existing sexual violence prevention programming has few resources and is inconsistent, creating gaps in awareness and education for students, parents, staff, and the greater educational community; and

WHEREAS, "Erin's Law" is a piece of legislation named after Erin Merryn, a survivor of child sexual abuse who has led a national movement to require programs for sexual violence prevention education in public school systems; and

WHEREAS, "Erin's Law" requires that public school systems implement a program of consistent sexual violence prevention education for students and related education and training for teachers, school staff, and parents; and

WHEREAS, Hawaii is among fourteen remaining states that have not yet passed "Erin's Law"; and

WHEREAS, establishment of a consistent, systemwide child sexual violence prevention education in public schools will create an informed educational community and safer learning environment for all keiki; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of Education is requested to convene the Erin's Law Task Force; and

BE IT FURTHER RESOLVED that the Erin's Law Task Force is requested to:

(1) Research and review policies, programs, and curricula for educating students in the public school system about child sexual violence prevention; and

(2) Report recommendations for the establishment of a program to educate all children in prekindergarten through grade twelve in public schools regarding child sexual violence prevention through age-appropriate curricula; and

BE IT FURTHER RESOLVED that the Erin's Law Task Force is requested to comprise the following members:

(1) The Superintendent of Education, or the Superintendent's designee, who is requested to serve as Chairperson;

(2) The Director of Health, or the Director's designee;

(3) The Director of Human Services, or the Director's designee;

(4) The Attorney General or the Attorney General's designee;

(5) The Director of the Executive Office on Early Learning, or the Director's designee;

(6) A legislator designated by the co-conveners of the Keiki Caucus of the Legislature;

(7) An elementary school principal, to be designated by the Superintendent of Education;

(8) A secondary school principal, to be designated by the Superintendent of Education;

(9) A representative from a charter school, to be designated by the Executive Director of the State Public Charter School Commission; and

(10) The Executive Director of the Hawaii State Commission on the Status of Women, or the Executive Director's designee; and

BE IT FURTHER RESOLVED that the Superintendent of Education is requested to invite the following individuals to become members of the Task Force:

(1) The Executive Director of the Hawaii Youth Services Network, or the Executive Director's designee;

(2) The Executive Director of the Sex Abuse Treatment Center, or the Executive Director's designee;

(3) An anti-sex trafficking service provider designated by the Sex Abuse Treatment Center;

(4) A representative from Planned Parenthood; and

(5) A public school teacher, to be designated by the Hawaii State Teachers Association; and

BE IT FURTHER RESOLVED that the initial meeting of the Task Force is requested to commence no later than August 10, 2024; and

BE IT FURTHER RESOLVED that the Task Force is requested to consider the following when researching and reviewing current policies, programs, and curricula and making recommendations for the establishment of a program:

(1) Current resources available in the State for educating students in the public school system about sexual violence prevention;

(2) Existing gaps in addressing sexual violence experienced by children, including prevention, education, training, and awareness, as needed, for students, teachers, school staff, parents, and guardians;

(3) The Hawaii content and performance standards III;

(4) Required elements for an instructional program for students in prekindergarten through grade twelve, including:

(A) Techniques to teach children to recognize sexual violence, equip them with skills to reduce their vulnerability, and encourage them to report any experience of sexual violence;

(B) Developmentally appropriate instruction for each grade level;

(C) Involvement of students as active learning participants, through such methods as discussion, modeling, and role playing;

(D) Sessions of instruction to reinforce the concepts learned in the program;

(E) Sessions conducted annually, building on skills and knowledge learned in previous years;

(F) Capacity to be delivered by a range of personnel and professionals, including teachers, school counselors, and outside agency prevention educators; provided that the personnel and professionals should have a thorough knowledge of sexual violence experienced by children, including how to respond appropriately to disclosures made by children;

(G) An evaluation component with measurable outcomes;

(H) Instruction that is culturally sensitive and adaptable for use within varying school contexts, including age, race, and special needs;

(I) Informed, age-appropriate curricula utilizing discussions, role plays, activities, books, or other appropriate educational materials and methods;

(J) A professional training component for administrators, teachers, and other school personnel on talking to students about sexual violence prevention, effects of sexual violence on children, handling of disclosures made by children, and mandated reporting; and

(K) A component that encourages parental or guardian involvement within the sexual violence prevention education program and informs parents or guardians about topics concerning sexual violence against children, including discussion of sexual violence myths, characteristics of offenders, grooming behaviors, and how to discuss this topic with children;

(5) Title IX and any other federal and state laws and policies concerning a public school system's handling of sexual violence issues, to the extent that they relate to sexual violence prevention education;

(6) Resources necessary to implement a systemwide program for sexual violence prevention education;

(7) Updates to existing laws or policies that may assist in the implementation of a statewide program for sexual violence prevention education; and

(8) The prevention of sex trafficking; and

BE IT FURTHER RESOLVED that the Erin's Law Task Force is requested to adhere to chapter 92, Hawaii Revised Statutes, for the purposes of:

(1) Compliance with the Health Insurance Portability and Accountability Act;

(2) Protecting minors;

(3) Preventing interference with any ongoing or potential investigation; and

(4) Complying with any state or federal law;

provided that the testimony of any minor before the task force is urged to be taken during an executive meeting that is closed to the public; and

BE IT FURTHER RESOLVED that, following the testimony of a minor presented to the Erin's Law Task Force, the Chairperson of the Task Force is requested to summarize the testimony of the minor at an open meeting; provided that the summary does not:

(1) Disclose personal identifying information of the minor;

(2) Disclose protected health information;

(3) Violate any state or federal law; or

(4) Provide any information that may interfere with any ongoing or potential investigation; and

BE IT FURTHER RESOLVED that the Erin's Law Task Force, with administrative support from the Department of Education, is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and

BE IT FURTHER RESOLVED that the Erin's Law Task Force, with administrative support from the Department of Education, is requested to submit a follow-up report to the Legislature, including any additional proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2026; and

BE IT FURTHER RESOLVED that the Erin's Law Task Force is requested to cease to exist on March 31, 2026; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Superintendent of Education; Director of Health; Director of Human Services; Attorney General; Director of the Executive Office on Early Learning; Co-Conveners of the Keiki Caucus; Executive Director of the State Public Charter School Commission; Executive Director of the Hawaii State Commission on the Status of Women; President of the Hawaii State Teachers Association; Executive Director of the Hawaii Youth Services Network; Executive Director of the Sex Abuse Treatment Center; and Chief Executive Officer of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky.

	OFFERED BY:	_____________________________

Report Title:

DOE; Erin's Law Task Force; Sexual Violence Prevention Education; Sexual Abuse; Sex Trafficking

THE SENATE	S.R. NO.	42
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII