Kansas bill compels public school teachers, students to undergo annual sexual abuse training

Wabaunsee County Sheriff Eric Kirsch testifies before the House Education Committee in support of a bill requiring public school teachers and students to receive annual instruction in identifying sexual abuse. The bill, referred to as Erin’s Law, doesn’t include state funding for implementation and allows parents to opt out. (Kansas Reflector screen capture of Kansas Legislature video)

By Tim Carpenter

Kansas Reflector

TOPEKA — Erin Merryn wants the Kansas Legislature to require public school teachers and their students in kindergarten through high school to take part in annual training and instruction on prevention of sexual abuse.

A bill before the House Education Committee would accomplish this through enactment of Erin’s Law, which was named for Merryn and has been adopted in 38 states.

“Something lawmakers understand about me is I don’t go away,” said Merryn, who is executive director of Erin’s Law Foundation and was abused in her youth by a neighbor and a cousin. “I will get this passed in all 50 states.”

House Bill 2576 would mandate the special training begin in the 2026-2027 academic year. Local school boards would select the instructional program relied on to deliver information to K-12 educators and students. School districts could make use of curriculum endorsed by child advocacy centers or implement free curriculum from Erin’s Law Foundation.

The bill didn’t include state appropriations for districts to acquire curriculum or to coordinate yearly continuing education for 35,000 teachers in the public school system.

On Monday, proponents of the bill shared personal testimony with the House committee and argued for the necessity of training educators to better serve interests of students. The legislation included a requirement that districts adopt a procedure so parents could opt their children out of the program.

Wabaunsee County Sheriff Eric Kirsch said the Legislature ought to make certain school teachers were better trained to recognize signs of child abuse. He said it was important the Legislature was allied with advocacy organizations and law enforcement agencies dedicated to preventing and responding to abuse.

“I worked some cases you would not believe. Some of the worst ones have been in the schools when teachers were the perpetrators,” the sheriff said. “Every administrator, every supervisor, every adult placed in a position of trust has one first duty, and that is to protect the children in their care.”

Leaders of rape crisis and sexual abuse organizations recommended the House committee amend the bill so educators had benefit of evidence-based curriculum proven to be effective through rigorous scientific research. Merryn said the curriculum available from her Chicago-based foundation wasn’t accredited or evidence-based.

Kasey Dalke, CEO of the Children’s Advocacy Centers of Kansas, said 19 centers in the association supported the “purpose and direction” of the House bill. She said the association was neutral on the measure because it was important training for teachers was anchored to methods supported by research.

“These are specialized response skills that require training,” she said. “Child advocacy centers and multidisciplinary teams are structured around these standards.”

Gail Cozadd, CEO of the Kansas Children’s Service League, said she appreciated HB 2576 because there was value in “even small efforts that further the protection of children.” She said the bill raised potential of unintended consequences for students and failed to include resources to support a mandate on school districts.

“Without providing USD’s resources needed to ensure an evidence-based curriculum is being offered and adequate training for teachers and school administrators provided, successful implementation with meaningful outcomes for children is unrealistic,” she said.

Cozadd expressed concern the House bill didn’t acknowledge complexities of the subject and the possibility of students being traumatized by actions of minimally prepared teachers. In the alternative, she said, the Legislature could appoint a task force of professionals to develop recommendations.

“There are many experts in this field who together could create a plan for Kansas, identify the needed public resources, work to secure matching private resources necessary and develop measurable outcomes regarding awareness, identification and response of child sexual abuse,” Cozadd said.

Ann Mah, a former member of the Kansas State Board of Education and a former Kansas House member, said the Kansas State Department of Education was working to improve teacher training and student learning on the issue without placing rigid requirements in state law. Stepping into Kansas public school classrooms with an Erin’s Law mandate would be “an example of legislative overreach,” she said.

Mah said the House bill would likely violate the Kansas Constitution. She said the Legislature’s role under the constitution was to suitably fund public education. She said Kansas public schools were under general supervision of the State Board of Education, but the state Constitution declared public schools “shall be maintained, developed and operated by locally elected boards.”

“If you want to set local board policies, run for a local board or the State Board of Education,” Mah said.

This article was republished with permission from the Kansas Reflector. The Kansas Reflector is a non-profit online news organization serving Kansas. For more information on the organization, go to its website at www.kansasreflector.com.