WEST virginia legislature

2024 regular session

Committee Substitute

for

Senate Bill 302

By Senators Woelfel and Deeds

[Originating in the Committee on Education; reported January 24, 2024]

A BILL to amend and reenact §18-2-41 of the Code of West Virginia, 1931, as amended, relating to requiring in grades three through six, at least annual age-appropriate instruction in child sexual abuse prevention; requiring in grades three through six, at least annual instruction in personal safety and assault prevention; providing exception; requiring annual notice to parent or guardian at least one week prior to personal safety and assault prevention instruction; and requiring in grades seven through 12, at least annual age-appropriate instruction in dating violence prevention and sexual violence prevention.

Be it enacted by the Legislature of West Virginia:

article 2. state board of education.

§18-2-41. Education and Prevention of the Sexual Abuse of Children.

(a) Education of children in grades K-12 — Beginning July 1, 2019 2024, children in grades K-12 shall receive body age-appropriate safety information at least once per academic school year, with a preference for four times per academic year. To facilitate this process and develop resources, the state board shall propose a legislative rule for promulgation, in accordance with propose a legislative rule pursuant to §29A-3B-1 et seq. of this code by December 31, 2018 July 1, 2024. The rule shall provide for at least the following:

(1) Developmentally appropriate education and resources, including, but not limited to:

(A) In grades three through six, at least annual age-appropriate instruction in child sexual abuse prevention, including information on available counseling and resources for children who are sexually abused;

(B) In grades three through six, at least annual instruction in personal safety and assault prevention, except that upon written request of the student’s parent or guardian, a student shall be excused from taking instruction in personal safety and assault prevention. The school shall provide annual notice to each student’s parent or guardian at least one week prior to any instruction provided pursuant to this paragraph; and

(C) In grades seven through 12, at least annual age-appropriate instruction in dating violence prevention and sexual violence prevention, which shall include instruction in recognizing dating violence warning signs and characteristics of healthy relationships;

(2) Social media usage and content;

(3) Implementation of best practices;

(4) Differing county and school sizes, demographics, etc. relating to implementation strategies;

(5) Strategies for dealing with disclosures after student education;

(6) Rules informed by family voice;

(7) Offender dynamics;

(8) Child-on-child scenarios;

(9) Rules on development of supplementary materials, including posting of the child abuse hotline, to embed into the school climate; and

(10) Protocols for local crisis response in conjunction with §18-9F-9 of this code.

(b) Training of public school employees. The state board shall propose by December 31, 2018 promulgate a legislative rule for promulgation in accordance with pursuant to §29A-3B-1 et seq. of this code and if necessary may promulgate an emergency rule in accordance with said article for the establishment of standards for training requirements of all public school employees focused on developing skills, knowledge, and capabilities related to preventing child sexual abuse and recognizing and responding to suspected abuse and neglect. The rule shall provide for at least the following:

(1) This required training shall include comprehensive instruction and information to better equip schools and their employees, including how to:

(A) Recognize sexually offending behaviors in adults, questionable behaviors such as boundary violations, and signs in adults that might indicate they pose a sexual risk to children;

(B) Recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or abusive behaviors among children and youth served by schools;

(C) Recognize behaviors and verbal cues that might indicate a child or youth has been a victim of abuse or neglect;

(D) Support the healthy development of children and youth and the building of protective factors to mitigate against their sexual victimization by adults or peers; 


(E) Recognize and appropriately respond to student infatuations and flirtations with adults in schools;

(F) Recognize appropriate and inappropriate social media usage by adults and children;

(G) Provide consistent and standard protocols for responding to disclosures of sexual abuse or reports of boundary-violating behaviors by adults or children in a supportive and appropriate manner which meet mandated reporting requirements;

(H) Provide adequate understanding of the age-appropriate, comprehensive, evidence-informed child sexual abuse prevention education which will be offered to their students; and

(I) Reflect the research on Adverse Childhood Experiences and trauma-informed care.

(2) The rule shall contain provisions to ensure public school employees complete the required training every two years.

(A) The required training shall be at least a cumulative four hours (half day) of instruction on the elements identified in this section.

(B) A skills renewal is required every two years thereafter.

(C) The mode of delivery for the trainings may include in-person or e-learning instruction and may include a series of trainings or modules.

(D) The state board shall provide certificates of satisfactory completion for the employee and the employer documenting the employee completed the required training.