Combating Child Sexual Abuse: Changes to Erin’s Law are on the Way

By Maureen A. Lemon

Ten years ago, Illinois was the first state to pass Erin’s Law. The law is named after Erin Merryn, a child sexual abuse survivor, activist, and author whose life mission is to combat child sexual abuse.

Erin Merryn grew up in the suburbs of Chicago, where her school taught about “Stranger Danger.” Yet, her abuser wasn’t a stranger. Like 90% of child abuse victims, she knew the person who repeatedly abused her and warned her to keep the abuse a secret.

Merryn has successfully gotten a version of Erin’s Law passed in 37 states. The goal is to help children understand what is inappropriate when it comes to touching and relationships and to give children the resources necessary to report abuse. The Illinois law is found at 105 ILCS 5/10-23.13. It requires Illinois school districts to adopt and implement a policy addressing sexual abuse of children.

Until recently, Illinois’ Erin’s Law encouraged, but did not require, schools to include the following in policy: Age-appropriate curriculum for students in grades Pre-K through fifth grade; training for school personnel on child sexual abuse; educational information for parents and guardians; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a victim to be successful in school.

Since 2013, the Illinois Critical Health Problems and Comprehensive Health Education Act has required “age-appropriate sexual abuse and assault awareness and prevention education in grades pre-kindergarten through 12” to be part of each Illinois school district’s comprehensive health education program (105 ILCS 110/3). Similarly, there is a myriad of mandated training for school personnel on such topics as child abuse/child sexual abuse, educator ethics, domestic and sexual violence, and bullying prevention.

Despite these efforts, child sexual abuse continues to be a prevalent concern in our society. According to the Centers for Disease Control and Prevention (2019), about one in four girls and one in 13 boys experience child sexual abuse, and 91% of child sexual abuse perpetrators are known by the child or the child’s family.

Since its inception, many have felt that the Illinois Erin’s Law could be strengthened by providing schools more information about what curricula to use and which organizations to partner with to implement the law. Moreover, in its current format, Erin’s Law applies to students but doesn’t require specific training of adults.

Task Force Recommendations

In August 2019, Governor JB Pritzker signed legislation that created the Make Sexual and Severe Physical Abuse Fully Extinct (Make S.A.F.E.) Task Force. Composed of 24 members from a variety of stakeholder groups, the task force was charged with recommending best practices for the prevention of sexual abuse of students in school settings or by school perpetrators, how to best respond to that abuse, and how to provide proper supports to student victims of such abuse.

The Task Force issued a comprehensive report in September 2020, with 21 recommendations in categories including best practice sexual harm prevention, school staff training, and the Criminal Code. As a result, two bills were introduced into the Illinois House of Representatives this past spring: HB 1975 and HB 3461. While both bills passed the House and were sent to the Senate, only HB 3461 made it to Governor Pritzker’s desk, where it became Public Act 102-610 on August 27, 2021. Advocates are continuing to work on HB 1975 and hope to make some progress on it this fall or in the 2022 legislative session.

Public Act 102-610

Public Act 102-610 amends Erin’s Law in several ways. First, by July 1, 2022, each school district’s child sexual abuse policy shall (rather than “may”) include the components previously encouraged under Erin’s Law. Second, consistent with the Illinois Critical Health Problems and Comprehensive Health Education Act, the age-appropriate curriculum must now be in grades Pre-K through 12 (rather than until fifth grade). Third, Erin’s Law now requires that the curriculum for students, the training for staff, and the educational information made available to parents or guardians provided in the student handbook on the warning signs of child abuse each be “evidence-informed.”

While many educators are familiar with the term “evidence-based,” they may not be as familiar with “evidence-informed.” Evidence-based practices have been shown to be successful through randomized controlled trials or rigorous testing published in peer-reviewed literature. By contrast, evidence-informed practices are created using components of evidence-based treatments or curricula. The reason for the use of evidence-informed rather than evidence-based in Erin’s Law is that it is challenging and expensive to label a prevention curriculum evidence-based, and researchers are still working to build up studies on prevention. Still, experts believe that implementation of these strengthened aspects of Erin’s Law will provide students and staff the knowledge and means to “speak up” and stop child sexual abuse.

Policy Requirements

Beginning July 1, 2022, each school policy developed pursuant to Erin’s Law shall, for school personnel, students, and parents, include

·         Increased awareness and knowledge of likely warning signs of child abuse;

·         Increased awareness and knowledge of grooming behaviors and how to report those behaviors;

·         Increased awareness of appropriate relationships between school personnel and students;

·         How to prevent child abuse from happening;

·         How to report child abuse to law enforcement authorities and to DCFS;

·         How to report grooming behaviors;

·         Information about children’s advocacy centers and sexual assault crisis centers and how to access the centers serving the school district.

Additionally, the policy will need to include evidence-informed training for school personnel on preventing, recognizing, reporting, and responding to child sexual abuse and grooming behavior. This includes grooming or abuse committed by a member of the school community, with a discussion of the applicable criminal statutes. This specific training must be provided no later than January 31 of each year. Districts are encouraged to reach out to their local children’s advocacy center or rape crisis center for assistance with this training for school personnel.

‘Grooming’ Defined

An additional change to Erin’s Law is the new requirement that school board policies define prohibited “grooming” behaviors and boundary violations for school personnel and how to report them. P.A. 102-610 uses the definition of grooming found in the Illinois Criminal Code, 720 ILCS 5/11-25. That statute narrowly defines grooming as knowingly using electronic devices or engaging in online activities to (or attempt to) seduce, solicit, lure, or entice a child under 17 years old to engage in unlawful sexual conduct. Yet, activists recognize that grooming is typically not limited to online behavior. Rather, grooming is a gradual process by which offenders gain the trust of their victims through ignoring natural and appropriate boundaries long before sexual abuse occurs.

Grooming typically starts with seemingly benign or subtle behaviors that can be easily mistaken as simply caring for the student. Driving a student home from school? The student missed their bus and it was raining. Bringing a student food or gifts? The student’s family is impoverished, and the student needed that new pair of Air Jordans. Meeting with the student before or after school at a local coffee shop? The student needs to be tutored because they are behind in their studies. Because of the difficulty in spotting grooming until a student/school personnel relationship becomes romantic or sexual, experts recommend that schools clarify boundaries and boundary violations.

IASB PRESS Policy Revisions

In its upcoming November PRESS issue, IASB comprehensively addresses Erin’s Law. IASB has prepared a new Exhibit entitled “Expectations and Guidelines for Employee-Student Boundaries.” The document recognizes four non-exclusive areas of employee-student boundaries: emotional, relationship/power, communication, and physical. The document is not prescriptive but provides a framework within which administrators and employees can have a conversation and customize local expectations given student ages, grade levels, and developmental levels.

In updating its sample policies to comply with Erin’s Law, IASB borrowed heavily from HB 1975. Although that bill failed to become law in the spring legislative session, the bill has been resurrected during the Illinois General Assembly’s Fall 2021 veto session. If passed, it will provide additional meat to the bones of PA 102-610. For example, HB 1975 offers a robust definition of sexual misconduct that includes but is not limited to a sexual/romantic invitation; dating; meeting privately outside of the employee’s professional role; sexual/romantic dialog; and self-disclosure or physical exposure of a sexual, romantic, or erotic nature. HB 1975 would require schools to develop an employee code of professional conduct policy that incorporates the definition of sexual misconduct; identifies expectations for employee relationships with students; and establishes guidelines for transporting students, taking or possessing a photo or video of a student, and meeting with a student outside of the employee’s professional role.

Conclusion

To comply with PA 102-610, your school district needs to update its Erin’s Law policies and revamp its child sexual abuse curriculum, employee training, and parent information by July 1, 2022. If HB 1975 becomes law, the requirements will become more concrete. If it does not pass, the materials prepared by IASB can be used as a starting point to have necessary local discussions. From these discussions, your district can better combat child sexual abuse within your schools and community.