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School Handbook-Erin's Law & Gavin's Law

 

Erin’s Law

The South Carolina Code of Law, Section 59-32-30(G) was amended “beginning with the 2015–2016 school year, districts annually shall provide age-appropriate instruction in sexual abuse and assault awareness and prevention to all students in four-year-old kindergarten, where offered, through twelfth grade. This instruction must be based on the units developed by the board (SC Board of Education), through the department (SC Department of Education), pursuant to Section 59-32-20(B).” 

The purpose of the law is to help students understand how to stay safe from sexual assault and how to report any incidents. It is important to provide students with a voice for deciding who and what touches should be allowed. 

At the elementary level, instruction includes topics such as being unique, understanding feelings, being a friend, bathing suits cover private parts, good touch/bad touch, stranger danger, getting adult help, general safety rules for home and school, technology safety, and understanding peer pressure and media influences. These topics are aligned with the South Carolina Health and Safety Education Standards and the Erin’s Law Resource Guide provided by the SC Department of Education.  Topics are covered in many parts of our curriculum such as through the comprehensive school counseling program, academic classes, PE and health classes, and school-wide programs.

At the secondary level, Erin’s Law instruction is part of the comprehensive health curriculum delivered during the second quarter by biology teachers. Students are expected to be able to explain Erin’s law and understand and discuss the following indicators from the South Carolina Standards for Health and Safety Education 2017: I-HS.1.3, G-HS.2.7, G-HS.3.2, G-HS.3.3, G-HS.4.3, G-HS.5.1. School counselors, social workers, and psychologists may also provide programs of instruction or counseling.


 

Gavin’s Law

Beginning with the 2023-2024 school year, per the requirements of Gavin’s Law, Act 54 of 2023, “local school districts shall collaborate with the State Department of Education, the South Carolina Law Enforcement Division, and the Attorney General's office, as appropriate, to implement a policy to educate and notify students of the provisions of Gavin’s Law. This includes adequate notice to students, parents or guardians, the public, and school personnel of the change in law.”

Board Policy JICFB Gavin’s Law Implementation was adopted 11/13/23 and states:

“Gavin’s Law (S.C. Code Ann. Section 16-15-430) is legislation that makes sexual extortion, the act of blackmailing someone using sexually explicit images or videos, a felony offense and an aggravated felony if the victim is a minor, vulnerable adult, or if the victim suffers great bodily injury or death directly related to the crime. 

Gavin’s Law requires the District to collaborate with the State Department of Education, the South Carolina Law Enforcement Division, and the Attorney General’s office, as appropriate, to implement a policy to educate and notify students of the provisions of this law, which includes adequate notice to students, parents or guardians, the public, and school personnel. 

In accordance with Gavin’s Law, the District shall notify students of the provisions of this act through providing age-appropriate instruction on the dangers and consequences of sexual extortion. Additionally, notification shall be provided to parents/guardians, the public, and school personnel regarding the law. 

Any student who engages in sexual extortion will be subject to disciplinary action consistent with the District’s Student Code of Conduct. Any employee who engages in sexual extortion will be subject to disciplinary action consistent with the District’s policies governing staff conduct. School administrators shall notify law enforcement immediately of any allegations of such conduct, as required by State law and District policy.”