(a) [Repealed.]
(b)Educational programming. —
The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families shall identify and maintain educational programming to be used by each school district and charter school for informing school district and charter school employees, students, and parents about personal body safety and child abuse and about how to detect and report child abuse. The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families, in collaboration with the Department of Education, must review the educational programming and trainings required under this subsection every 3 years, at a minimum, and update the educational programming and trainings as needed to be relevant to Delaware students and conform with best practices. The educational programming must include all of the following:
(1) Training and education for school district and charter school employees that is evidence-based, whenever available, in order to raise awareness of issues regarding personal body safety, child abuse, child safety, sexual extortion, and adult sexual misconduct in schools. The training and education must include all of the following:
a. Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct.
b. Techniques for responding when child abuse is suspected or disclosed.
c. Skills and policies to prevent inappropriate sexual misconduct.
d. Skills and policies to establish appropriate adult and student interactions.
e. Warning signs of inappropriate interactions with students by school employees, contractors, coaches, or volunteers.
f. Mandatory reporting requirements under § 903 of Title 16.
g. Applicable state and federal civil and criminal laws and penalties for violations of such laws.
(2) a. Evidence-based, whenever available, age-appropriate instruction for students enrolled in grades pre-kindergarten through 12 that is related to personal body safety, sexual abuse, other forms of child abuse, and sexual extortion. The instruction must include information on the difference between appropriate and inappropriate conduct and the actions that a child may take to be protected from sexual abuse and other forms of child abuse. The instruction must be designed to build on skills learned the previous year.
b. The instruction about sexual extortion must include age-appropriate instruction on the dangers and consequences of sexual extortion and resources for online safety.
(3) Information for parents of students enrolled in grades pre-kindergarten through 12, online or in-person upon request, on all of the following:
a. Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct.
b. Effective, age-appropriate methods for discussing personal body safety and child abuse, including sexual abuse and adult sexual misconduct.
c. Resources for reporting suspected child abuse, including sexual abuse and adult sexual misconduct.
d. Counseling and other resources available to a child who has been the victim of child abuse, including sexual abuse and adult sexual misconduct.
e. Warning signs of adult sexual misconduct, including the derivative grooming of parents.
f. Counseling and other resources available to parents.
g. Effective, age-appropriate ways to discuss sexual extortion.
h. Warning signs that a child may be a victim of sexual extortion.
(4) Each school district and charter school shall require a school administrator, school nurse, or school counselor to receive training in addition to the requirements set forth in paragraph (b)(1) of this section. The training and education must be evidence-based, whenever available, and must include all of the following:
a. Strategies for the prevention of misconduct and compliance with policies concerning the prevention of misconduct.
b. Strategies for the establishment of appropriate adult and student interactions by school employees, contractors, coaches, and volunteers.
c. Skills for responding to student disclosures of adult sexual misconduct, with an emphasis on disclosures that involve sexual grooming.
d. Coordination with law enforcement and Title IX coordinators for any suspected violation of applicable policies or civil or criminal law, including the crime of “sexual extortion” as defined in § 774 of Title 11.
e. Measures to promote school recovery after an incident of adult sexual misconduct.
f. Obligations under district and charter school policies and state and federal law, including mandatory reporting requirements under § 903 of Title 16.
g. Skills for interviewing and completing reference checks on potential employees.
(c)Role of the Department of Education. —
The Department of Education shall provide technical expertise to assist the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families in their identification of educational programming under subsection (b) of this section and the Department of Education shall make a list of the approved educational programing available to each school district and charter school.
(d)Implementation of training program. —
Each school district and charter school shall implement the educational programming provided under subsection (b) of this section as follows:
(1) The educational programing provided under paragraph (b)(1) of this section must be provided to all of its employees as required by § 4162 of this title.
(2) The educational programing provided under paragraph (b)(2) of this section must be provided to all students enrolled in grades pre-kindergarten through 6 through health education programs or related classes.
(3) The educational programing provided under paragraph (b)(3) of this section must be provided to parents of students enrolled in grades pre-kindergarten through 6 through written materials, available online through the school district’s or charter school’s website or in hard copy upon a request by parents, on an annual basis and may be provided through live presentations.
(e)Notification of parents. —
Prior to providing any instruction under paragraph (d)(2) of this section, each school district and charter school shall inform the parent of any student enrolled in grades pre-kindergarten through 6 in writing that the parent may examine and review the educational materials before the materials are taught.
(f)Accountability. —
(1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programing provided under subsection (b) of this section. Each school district and charter school shall provide the name and contact information for the individual designated under this subsection to the Department of Education no later than November 15 of each year.
(2) Each individual designated under paragraph (f)(1) of this section shall report to the Department of Education no later than November 15 of each year how the educational programming has been implemented by that individual’s school district or charter school.
(3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (b) of this section and how the curriculum has been implemented by each school district and charter school under subsection (d) of this section.
(g) (1) Each school in a school district and each charter school shall post, in a conspicuous location where notices to students are customarily posted, the number for the toll-free telephone report line for child abuse and neglect as established under § 905 of Title 16. The posting must be made in English and Spanish and must be made in a format and language that is clear, simple, and understandable to students.
(2) There is no private right of action for a violation of this subsection.
(h)Short title. —
This section shall be known and may be cited as “Erin’s Law.”
(i) Nothing in this section shall be construed to limit reporting obligations under Chapter 9 of Title 16.