Legal Update Memo No. 04-2018 – Human Trafficking Prevention Education & Trafficking Act (K-12)

Download pdf: 04-2018 – Human Trafficking Prevention Education and Trafficking Act (CDC)

Assembly Bills (“ABs”) 1227 and 643 made revisions in the sexual health education program required for students in grades 7 through 12[1] to more specifically address human trafficking.  As a reminder, parents of students may choose to “opt out” their children from any or all of the sexual health instruction.[2]

Effective January 1, 2018, the sexual health education program offered by school districts[3] to students must include information “…on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.”[4]   The sexual health education program must also include “information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof.”[5]

Also added is a requirement for instructors of sexual health education programs to receive “continuation training” to “learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods.”[6]  While not required, school districts are encouraged to also provide training on “early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.”[7]

An additional requirement specific to county offices of education, is to provide a representative to an interagency team coordinated by the county human services department for the purpose of developing an interagency protocol to be utilized in serving sexually exploited children.[8]  Other required representatives on the interagency team include the county probation department, county mental health department, county public health department, juvenile court in the county, and the county sheriff’s office.  Please note this interagency team is only required in counties that have elected to receive funds from the state Commercially Sexually Exploited Children Program.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by: Carl D. Corbin, General Counsel

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2018 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Please see Legal Update 27-2015 for more information on the Healthy Youth Act.

[2] Education Code section 51938.

[3] The definition of “school districts” includes county boards of education and county superintendents of schools.  See Education Code section 51931(g).

[4] Education Code section 51934(a)(10).

[5] Education Code section 51934(a)(11).

[6] Education Code section 51950(f).

[7] Id.

[8] Welfare and Institutions Code section 16524.8.