As part of my internship with AWAKE Tennessee in summer 2017, I researched the state’s “Gateway Law” and “Erin’s Law,” both of which regulate the content of sex education taught at public schools. While Erin’s Law requires students be informed on how to recognize and report child sexual abuse, the earlier Gateway Law limits topics of classroom instruction to only those that promote sexual abstinence. The resulting confusion among educators, parents, students, and other stakeholders inspired this policy memo, where I recommend amending both pieces of legislation and implementing new training for teachers and administrators.

Edit: During the 2018 Tennessee legislative session, AWAKE successfully submitted, lobbied for, and passed their Child Sexual Abuse Prevention bill.

MEMORANDUM

TO: Elected state officials

FROM: Margaux Cameron

DATE: 12/04/2017

SUBJECT: Child sexual assault curriculum in Tennessee schools

Tennessee’s “Erin’s Law” requires that age-appropriate curricula on identifying and reporting child sexual abuse be implemented by public schools in kindergarten through 12^th grade. However, the implementation and practice of this legislation is currently being compromised by the earlier “Gateway Law,” which mandates that all public instruction contain only abstinence-based curriculum. As these laws currently stand, Tennessee public school students do not receive adequate information on child sexual abuse, because educators fear legal retribution if they teach this information in the classroom.

Advocacy experts say that child sexual abuse cases are underreported in Tennessee, an issue recently brought to the forefront by the allegations of sexual assault and its subsequent cover-up filed against Brentwood Academy in August 2017. While the state does not track how many schools or districts are implementing the curriculum required since the 2014 passage of Erin’s Law, the Sexual Assault Center reports that only 250 out of Tennessee’s 1,833 public schools requested access to their free sexual abuse prevention lesson plans in 2016. Within the state capital, the Metro Nashville Public School District has not introduced any new policies or programs to comply with Erin’s Law. The neighboring Williamson County district does not include any educational standards related to sexual abuse prevention.

Passed in 2012, the Gateway Law requires that family life curriculum contain no information on “gateway sexual activity,” defined as “sexual contact encouraging an individual to engage in a non-abstinent behavior.” The law also allows parents to sue instructors or organizations that they believe to be noncompliant, although district-employed teachers are exempt. While no legal action has resulted under this law, the lack of clarity around what constitutes gateway sexual activity coupled with the litigation risk has contributed to a culture of fear among educators around addressing topics related to sex, included those required under Erin’s Law. (While unrelated to child sexual abuse, it is worth noting that the Tennessee Department of Health—a state government agency—discontinued a program providing HIV/AIDS prevention education in public schools due to uncertainty over whether their educators were protected from liability under the Gateway Law.)

By amending both laws to cross-reference each other, Tennessee lawmakers could insure that students receive vital instruction in recognizing and reporting sexual abuse. The Gateway Law should be amended to require that the child sexual abuse instruction mandated by Erin’s Law be part of family life curriculum, and to explicitly protect those providing that instruction from legal ramification. Erin’s Law should likewise be amended to clarify that the required curriculum is in compliance with all other state legislation addressing sex education. Additionally, the Department of Education should implement additional training for teachers and administrators to clarify the responsibilities of educators under Erin’s Law.

The Family Action Council of Tennessee, one of the primary proponents of the Gateway Law, released a statement in August 2017 expressing confidence that “instructors can draw the line between discussing unwanted sexual activity and encouraging it,” implying that further amendments to either law are unnecessary. However, the Sexual Assault Center, as well as Prevent Child Abuse Tennessee, maintains that the schools they work with are unsure of how to remain in compliance of both laws as currently written. A common reaction is to avoid the issue altogether, with some districts—especially those in rural areas—alleging that child sexual abuse does not affect their students.

However, other state legislatures provide evidence of both the positive results of effectively implementing Erin’s Law and the ability to remain in compliance with abstinence-based curriculum. Tennessee is among 26 states to require abstinence be either stressed or exclusively taught, and one of at least 26 states to enact Erin’s Law. South Carolina added a 2014 Erin’s Law amendment directly to an existing act requiring that “abstinence and the risks associated with sexual activity outside of marriage be strongly emphasized.” Texas passed Erin’s Law in 2015 and credits it with a 283 percent increase in reporting of child sexual abuse during the following year; a state representative sponsoring the bill stated that “this is not about sexual education training… It is exclusively training to prevent child sexual abuse.”

In the passage of Erin’s Law, Tennessee legislators affirmed that “the detection, intervention, prevention and treatment of child sexual abuse… shall be a priority of this state.” Unfortunately, the efforts to date to provide students (and educators) with the tools to effectively protect themselves from abuse have been stymied by legislative misdirection and public confusion. To rectify this, state lawmakers must amend both laws to clarify the required and allowable content for sex education and family life curriculum in Tennessee public schools, and new educator training must be provided to insure that instructors are confident in their curriculum requirements.

Sources:

Bergfeld, T., & Potts, K. (2014, January). Response to Public Chapter 585 (2012): HIV/AIDS prevention education in Tennessee public schools. Retrieved from Office of Research and Education Accountability website: http://www.comptroller.tn.gov/Repository/RE/revisedHIVAIDS.pdf

Child sexual abuse prevention: Erin’s Law. (2015, August 19). National Conference of State Legislatures. Retrieved from http://www.ncsl.org/research/human-services/erins-law-and-child-sexual-abuse-prevention-laws.aspx

Lamb, J. (2017, August 28). Victim advocacy group questions sexual abuse education in schools. NewsChannel5. Retrieved from http://www.newschannel5.com/news/victim-advocacy-group-questions-sexual-abuse-education-in-schools

Lampen, C. (2017, May 11). Texas might make schools teach sexual assault prevention starting in kindergarten. Slay. Retrieved from https://mic.com/articles/176869/texas-might-make-schools-teach-sexual-assault-prevention-starting-in-kindergarten#.oytN8Otdi

Lawson, K. (2017, September 28). Abstinence-only education is keeping kids from learning how to spot sexual abuse. Broadly. Retrieved from https://broadly.vice.com/en_us/article/ne74xm/abstinence-only-education-is-keeping-kids-from-learning-how-to-spot-sexual-abuse

Lohuis, L. (2017, September 7). Second lawsuit filed in connection to alleged rape at Brentwood Academy. WSMV. Retrieved from http://www.wsmv.com/story/36210275/second-lawsuit-filed-in-connection-to-alleged-rape-at-brentwood-academy

S.C. Code of Laws. Comprehensive Health Education Act of 1988. 59-32-5. Education: Comprehensive Health Education Program. Retrieved from http://www.scstatehouse.gov/code/t59c032.php

Sex and HIV Education. (2017, October 1). Guttmacher Institute. Retrieved from https://www.guttmacher.org/state-policy/explore/sex-and-hiv-education

Tenn. Code Ann. 49-1-220. (2017). Education: State Administration: Department of Education.

Tenn. Code Ann. 49-6-1301. (2017). Education: Elementary and Secondary Education: Family Life Curriculum.

Wadhwani, A. (2017, August 27). Nervous about legal action, schools aren’t implementing sex abuse prevention law in Tennessee. Tennessean. Retrieved from http://www.tennessean.com/story/news/2017/08/27/nervous-legal-action-schools-arent-implementing-sex-abuse-prevention-law-tennessee/598330001/