02/28/2013

By: Brittany Flaherty Theis

Three years ago, Erin Merryn, an Illinois native, quit her job to dedicate her life to helping victims of sexual assault and abuse by advocating for programs to educate children. Erin participates in speaking engagements around the nation, has published multiple books, and works with legislators throughout the country. The impact of her work in Illinois was first seen with the passage of Senate Bill 2843. In 2011, Senate Bill 2843 was signed into law as Public Act 96-1524, which amends the School Code by creating the Task Force on the Prevention of Sexual Abuse of Children within the Department of Children and Family Services. The Task Force was charged with making recommendations for reducing child sexual abuse in Illinois. It was authorized to make recommendations that include proposals for specific statutory changes and methods to foster cooperation between state agencies and local government bodies. Specifically, the Task Force needed to gather information concerning child sexual abuse throughout the state; receive reports and testimony; create goals for state policy that would prevent child sexual abuse; and submit a final report with its recommendations by January 1, 2012. Later, a six-month extension was granted, changing the deadline to June 1, 2012.

Senate Bill 2843 amended the School Code to allow school boards to adopt and implement policies addressing child sexual abuse. Such policies could include age-appropriate curriculum for students in pre-kindergarten through 5th grade; training for school personnel on child sexual abuse; educational information to parents or guardians regarding warning signs and available resources; and available resources for students affected by sexual abuse. The law also provided that this Section and any provisions concerning policies addressing sexual abuse were to be referred to as “Erin’s Law.”

After much consideration, and as part of a full report, the Task Force recommended that:
Child sexual abuse prevention education should be taught in grades pre-kindergarten through 5 and ‘Best Practices’ should be included in this instruction;
Training for school administrators should be amended to include child sexual abuse as a selective strand under the Illinois Administrator Academy; and
Child sexual abuse training should be provided as a certified professional development unit (CPDU) for certified non-administrative school personnel.
These recommendations were in addition to supporting the current initiatives in Illinois, which include mandates under the “Health Education Act,” “Sex Education,” and “Internet Safety Education Curriculum.” Mandates under each of those Acts requires instruction beginning in 6th grade.

Last month Illinois passed House Bill 6193, which became Public Act 97-1147 on January 24, 2013. It amends the School Code and the Critical Health Problems and Comprehensive Education Act. Regarding teachers’ certificates and continuing professional development requirements, House Bill 6193 provided that continuing professional development activities may include participating in or presenting at in-service training programs on sexual abuse and assault awareness and prevention. House Bill 6193 also provides that comprehensive health education programs shall include age-appropriate sexual abuse and assault awareness and prevention education in grades pre-kindergarten through 12. Previously, only secondary schools were required to include sexual assault and abuse awareness programs. Illinois legislators also referred to House Bill 6193 as “Erin’s Law.” Legislation referred to as “Erin’s Law” has already been passed or introduced in over 15 states.

For more information on the impact of “Erin’s Law” please contact Whitt Law Attorney Brittany Flaherty Theis.

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