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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
REVISED
schools; sexual abuse prevention program
Purpose
Requires the Department of Child Safety (DCS) to identify or develop a statewide child sexual abuse and assault awareness and prevention program (program) with the Arizona Department of Education (ADE) by July 1, 2026. Outlines materials, policies and procedures the program must include and requires each public school to implement the program by October 1, 2026.
Background
Any person who reasonably believes that a minor is or has been the victim of a reportable offense must immediately report or cause reports of the information to be made to a peace officer, the DCS or a tribal agency, if applicable. Statute subjects outlined individuals to the duty to report, including school personnel and any other person who has responsibility for the care or treatment of a minor. A reportable offense includes any sexual offense or offense relating to the sexual exploitation of children (A.R.S. § 13-3620).
Each school district governing board (governing board) and charter school
governing body (governing body) must prescribe and enforce policies and
procedures for school personnel to report any suspected crime against a person
that is a serious offense. The policies must prescribe a process for employees
to document and report the conduct, including specifying the employees
responsible for making a report to the local law enforcement agency. A serious
offense includes sexual assault, sexual conduct with a minor and any
dangerous crime against children (A.R.S. §§ 13-706
and
15-153).
A school district or charter school with sex education curricula must include instruction on the laws relating to sexual conduct with a minor for students in grades 7-12. Statute prohibits a school district or charter school from providing sex education instruction without governing board or governing body approval or to any student before grade 5, but does not prohibit age and grade appropriate classroom instruction regarding child assault awareness and abuse prevention (A.R.S. § 15-711).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS, by July 1, 2026, to identify or develop a program in collaboration with ADE to use in each public school that includes:
a) instructional modules for teachers;
b) age-appropriate educational materials for students; and
c) a uniform child sexual abuse and assault response policy and reporting procedure (uniform policy and procedure).
2. Requires each public school to implement the program by October 1, 2026.
3. Specifies that the instructional modules for teachers may include:
a) training to prevent, identify or respond to child sexual abuse and assault; and
b) resources to further student, teacher and parental awareness regarding child sexual abuse and assault and the prevention of child sexual abuse and assault.
4. Specifies that the educational materials for students must be designed for children in kindergarten programs and grades 1 through 12 (K-12) regarding child abuse and sexual assault awareness and prevention and may include:
a) skills to recognize child sexual abuse and assault, boundary violations and unwanted forms of contact; and
b) strategies that promote disclosure, reduce self-blame and mobilize bystanders.
5. Specifies that the uniform policy and procedure may include:
a) actions that victims of child sexual abuse and assault may take to obtain assistance;
b) intervention and counseling options for victims of child sexual abuse and assault;
c) access to educational resources to enable victims of child sexual abuse and assault to succeed in school; and
d) uniform procedures for reporting instances of child sexual abuse and assault to school staff members.
6. Prohibits a local or regional board of education from requiring any K-12 student to participate in a public school's program.
7. Determines that written notification to the public school from a student's parent or legal guardian is sufficient to exempt the student from participating in the program or any specified portion of the program.
8. Designates this legislation as Erin's Law.
9. Becomes effective on the general effective date.
Revisions
· Corrects the agency that must identify or develop the program.
Prepared by Senate Research
February 11, 2025
MH/SDR/ci