SAMUEL ROSENBERG

ASSISTANT RESEARCH ANALYST

 

MASON HOLLER

LEGISLATIVE RESEARCH ANALYST

EDUCATION COMMITTEE

Telephone: (602) 926-3171

ARIZONA STATE SENATE

RESEARCH STAFF

 

 

TO:                  MEMBERS OF THE SENATE

                        EDUCATION COMMITTEE

DATE:            February 18, 2025

SUBJECT:      Strike everything amendment to S.B. 1528, relating to sexual abuse prevention program


 


Purpose

Establishes the Task Force on the Prevention of Sexual Abuse of Children (Task Force) to study the sexual abuse of children in Arizona and identify opportunities to improve the prevention of sexual abuse of children. Outlines Task Force membership and requires the Task Force to submit a report as outlined by December 31, 2025. Repeals the Task Force on January 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 Department of Child Safety (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 through 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.   Establishes the Task Force, consisting of:

a)   one parent of a student who is currently enrolled in any of grades 1 through 6 in Arizona and who is appointed by the Senate President;

b)   one parent of a student who is currently enrolled in grade 7 through 8 in Arizona and who is appointed by the Senate President;

c)   one parent of a student who is currently enrolled in any of grades 9 through 12 in Arizona and who is appointed by the Speaker of the House of Representatives (House);

d)   two students who are participating in the Governor's Office of Youth, Faith and Family, one of whom is appointed by the Senate President and one of whom is appointed by the Speaker of the House;

e)   one member who is a licensed physician who works with children who are recovering from sexual abuse, and who is appointed by the Senate President;

f) one member who is employed by a law enforcement agency in Arizona and who is a trained forensic interviewer, who is appointed by the Senate President;

g)   three members who represent one or more organizations that advocate for child safety or sexual abuse recovery, two of whom are appointed by the Senate President and one of whom is appointed by the Speaker of the House;

h)   one member who is an attorney who specializes in the prosecution of sex crimes and who is appointed by the Speaker of the House;

i) one member who is a school administrator in Arizona and who is appointed by the Speaker of the House; and

j) one member who represents DCS and who is appointed by the Speaker of the House.

2.   Requires Task Force members to elect a member to serve as chairperson and vice chairperson.

3.   Specifies that Task Force members are not eligible to receive compensation but are eligible for reimbursement of expenses as outlined.

4.   Requires the Task Force to study the sexual abuse of children in Arizona and identify opportunities to improve the prevention of sexual abuse of children.

5.   Requires the Task Force, by December 31, 2025, to submit a report regarding the Task Force's activities and recommendations to the Governor, the Senate President and the Speaker of the House and provide a copy of the report to the Secretary of State.

6.   Requires the report to include:

a)   recommendations for changes to laws or policies, or both, to support the prevention of sexual abuse of children in Arizona;

b)   a list of training modules for public school teachers to train teachers, including:

i.   training regarding the prevention and identification of, and responses to, child sexual abuse and assault; and

ii.   resources to further student, teacher and parental awareness regarding child sexual abuse and assault and the prevention of child sexual abuse and assault;

c)   a list of age-appropriate educational materials that are designed for children in kindergarten programs and grades 1 through 12 regarding child sexual abuse and assault awareness and prevention; and

d)   a uniform child sexual abuse and assault response policy and reporting procedure.

7.   Specifies that the age-appropriate educational materials may include instruction in:

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.

8.   Specifies that the uniform child sexual abuse and assault response policy and reporting 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.

9.   Requires the State Board of Education to provide the Task Force with administrative support and meeting space.

10.  Repeals the Task Force on October 1, 2026.

11.  Becomes effective on the general effective date.