Requires dating violence education and dating violence policies in school districts, board of cooperative educational services and county vocational education and extension boards; "dating violence" means a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal or emotional abuse to control his or her dating partner and includes threats made by cell phone, text message, internet, and other electronic means; requires the department, in conjunction with, to assist schools in developing a policy for dating violence incidents; education to be taught to students regarding dating violence in the annual health curriculum framework for students in grades 7 through 12, and requires respect and self-esteem education be incorporated into the curriculum for students in grades k-6.

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S708-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 5, 2011: REFERRED TO EDUCATION

S708-2011 Memo

BILL NUMBER:S708

TITLE OF BILL:
An act
to amend the education law, in relation to providing dating violence
education and dating violence policies in school districts, boards
of cooperative educational services and county vocational education and
extension boards

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require dating violence education and
dating violence policies in school districts, boards of cooperative
educational services and county vocational education.

SUMMARY OF SPECIFIC PROVISIONS:
This act shall be know and may be cited as the "Jessica Tush Act."

Section 815 is added to the education law, Dating violence education.

Section 2803 is added to the education law, Dating violence policy.

Section 816 is added to the education law, Respect and self-esteem
education.

JUSTIFICATION:
This bill would add age appropriate dating violence and self-esteem
education in the annual school curriculum for students in grades
seven through twelve. Respect and self-esteem education that is age
appropriate would be added to the annual curriculum for students in
grades kindergarten through six. Raising issues of self-esteem and
self-respect before children start dating will pave the path for
healthier and safer relationships in the teen years.

In addition, parent awareness dating violence training would be
provided yearly. Statistics show that one in three female teenagers
have feared for their physical safety in a dating relationship. Newer
technologies, such as texting and social media sites allow oppressive
and emotionally abusive relationships to go unnoticed furthering the
need of educating adults so that they are aware of early warning signs.

This legislation shall be known as the "Jessica Tush Act,"

PRIOR LEGISLATIVE HISTORY:
2010 - S.7131 Same as A.10206

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the on the one hundred twentieth day
after it shall have become law.

S708-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     708

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Education

  AN ACT to amend the education  law,  in  relation  to  providing  dating
    violence  education  and dating violence policies in school districts,
    boards of  cooperative  educational  services  and  county  vocational
    education and extension boards

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Short title. This act shall be known and may  be  cited  as
  the "Jessica Tush act".
    S 2.  The education law is amended by adding a new section 815 to read
  as follows:

    S  815.  DATING  VIOLENCE  EDUCATION.    1. EACH SCHOOL DISTRICT SHALL
  INCORPORATE DATING VIOLENCE EDUCATION THAT IS AGE-APPROPRIATE  INTO  THE
  ANNUAL  CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN THROUGH TWELVE
  AND WHICH SHALL BE INCORPORATED INTO VARIOUS CLASS  SUBJECTS,  INCLUDING
  HEALTH.
    (A)  DATING  VIOLENCE  EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
  DEFINING DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS  AND
  THE  ROLE  OF  CELL PHONES, TEXT MESSAGES, INTERNET AND OTHER ELECTRONIC
  MEANS IN CONNECTION WITH DATING VIOLENCE AND CHARACTERISTICS OF  HEALTHY
  RELATIONSHIPS.  ADDITIONALLY, STUDENTS SHALL BE PROVIDED WITH THE SCHOOL
  DISTRICT'S DATING VIOLENCE POLICY AS PROVIDED  IN  SECTION  TWENTY-EIGHT
  HUNDRED THREE OF THIS CHAPTER.
    (B) FOR THE PURPOSES OF THIS SECTION:

    (I)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
  ABUSE TO CONTROL HIS OR HER DATING PARTNER AND INCLUDES THREATS MADE  BY
  CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00574-01-1

 S. 708                              2

    (II) "DATING PARTNER" MEANS ANY PERSON INVOLVED IN AN INTIMATE ASSOCI-
  ATION  WITH ANOTHER PRIMARILY CHARACTERIZED BY THE EXPECTATION OF AFFEC-
  TIONATE INVOLVEMENT WHETHER CASUAL, SERIOUS OR LONG-TERM.
    (III)  "AT SCHOOL" MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
  SUCH SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER  SCHOOL-RELATED  VEHICLE,
  AT  AN  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR
  EVENT WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
    (C) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A DATING VIOLENCE  EDUCA-
  TION  PROGRAM,  THE  DEPARTMENT SHALL REVIEW AND APPROVE THE GRADE LEVEL
  TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS.
    2. UPON WRITTEN REQUEST TO THE SCHOOL PRINCIPAL,  A  PARENT  OR  LEGAL
  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
  PERIOD  OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO EXAMINE
  THE DATING VIOLENCE  EDUCATION  PROGRAM  INSTRUCTION  MATERIALS  AT  THE
  SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
    S 3. The education law is amended by adding a new section 2803 to read
  as follows:

    S 2803. DATING VIOLENCE POLICY.  1. AS USED IN THIS SECTION:

    (A)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
  ABUSE TO CONTROL HIS OR HER DATING PARTNER AND INCLUDES THREATS MADE  BY
  CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.
    (B)  "DATING PARTNER" MEANS ANY PERSON, REGARDLESS OF GENDER, INVOLVED
  IN AN INTIMATE RELATIONSHIP WITH ANOTHER PRIMARILY CHARACTERIZED BY  THE
  EXPECTATION  OF  AFFECTIONATE  INVOLVEMENT  WHETHER  CASUAL,  SERIOUS OR
  LONG-TERM.
    (C) "AT SCHOOL" MEANS IN A CLASSROOM, ON OR  IMMEDIATELY  ADJACENT  TO
  SCHOOL  PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, AT AN
  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY  OR  EVENT
  WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
    2.  THE  DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR THE PREVENTION
  OF DOMESTIC VIOLENCE, SHALL DEVELOP A MODEL DATING  VIOLENCE  POLICY  TO
  ASSIST  SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND
  COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS IN DEVELOPING  POLICIES
  FOR  DATING  VIOLENCE  REPORTING AND RESPONSE. THE MODEL POLICY SHALL BE
  ISSUED ON OR BEFORE APRIL FIRST, TWO THOUSAND TWELVE.
    3. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
  COUNTY VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  ESTABLISH  A
  SPECIFIC  POLICY  TO  ADDRESS  INCIDENTS  OF  DATING  VIOLENCE INVOLVING
  STUDENTS AT SCHOOL BY DECEMBER FIRST, TWO THOUSAND TWELVE.  EACH  SCHOOL
  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES AND COUNTY VOCA-
  TIONAL EDUCATION AND EXTENSION BOARD SHALL VERIFY  COMPLIANCE  WITH  THE
  DEPARTMENT  ON  AN ANNUAL BASIS THROUGH THE SCHOOL DISTRICT REPORT CARDS
  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  REPORT  CARD  REQUIRED  BY
  THIS CHAPTER.
    (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
  DATING  VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING PROCE-
  DURES,  GUIDELINES  TO  RESPONDING  TO  AT-SCHOOL  INCIDENTS  OF  DATING
  VIOLENCE  AND  DISCIPLINE  PROCEDURES  SPECIFIC TO SUCH INCIDENTS.  SUCH
  POLICY SHALL FURTHER AUTHORIZE A STUDENT  WHO  IS  A  VICTIM  OF  DATING
  VIOLENCE  TO REQUEST THAT THE PERPETRATOR OF THE VIOLENCE BE TRANSFERRED
  TO ANOTHER SCHOOL.
    (B) TO ENSURE NOTICE OF THE SCHOOL DISTRICT'S,  BOARD  OF  COOPERATIVE
  EDUCATIONAL  SERVICES'  AND  COUNTY  VOCATIONAL  EDUCATION AND EXTENSION
  BOARD'S DATING VIOLENCE POLICY, THE POLICY SHALL  BE  PUBLISHED  IN  ANY
  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY

 S. 708                              3

  VOCATIONAL EDUCATION AND EXTENSION BOARD POLICY AND HANDBOOK  THAT  SETS
  FORTH  THE  COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF CONDUCT FOR
  STUDENTS AT SCHOOL.
    4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE DATING
  VIOLENCE TRAINING TO ALL ADMINISTRATORS,  TEACHERS,  NURSES  AND  MENTAL
  HEALTH  STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE RECOMMENDA-
  TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
  TRAINING ON A  VOLUNTEER  BASIS.  THE  DATING  VIOLENCE  TRAINING  SHALL
  INCLUDE,  BUT  NOT  BE  LIMITED TO, BASIC PRINCIPLES OF DATING VIOLENCE,
  WARNING SIGNS OF DATING VIOLENCE AND  THE  ROLE  OF  CELL  PHONES,  TEXT
  MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS IN CONNECTION WITH DATING
  VIOLENCE  AND  THE  SCHOOL  DISTRICT'S DATING VIOLENCE POLICY, TO ENSURE
  THAT THEY ARE ABLE TO  APPROPRIATELY  RESPOND  TO  INCIDENTS  OF  DATING
  VIOLENCE  AT  SCHOOL. THEREAFTER, THIS TRAINING SHALL BE PROVIDED YEARLY
  TO ALL NEWLY HIRED STAFF DEEMED APPROPRIATE TO RECEIVE THE  TRAINING  BY
  THE SCHOOL'S ADMINISTRATION.
    5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  INFORM  THE
  STUDENTS' PARENTS OR LEGAL GUARDIANS OF THE DATING VIOLENCE  POLICY.  IF
  REQUESTED,   THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
  SERVICES OR  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL
  PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
  VIOLENCE POLICY AND RELEVANT INFORMATION.
    6. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE PARENT
  AWARENESS DATING VIOLENCE TRAINING TO EDUCATE PARENTS ON SIGNS OF DATING
  VIOLENCE AND WAYS TO PREVENT TEEN DATING  VIOLENCE  TO  ALL  PARENTS  OF
  CHILDREN  AT  THE  MIDDLE  AND  HIGH SCHOOL LEVELS. THE PARENT AWARENESS
  DATING VIOLENCE TRAINING SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  BASIC
  PRINCIPLES  OF DATING VIOLENCE, WARNING SIGNS OF DATING VIOLENCE AND THE
  ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS
  IN CONNECTION WITH DATING VIOLENCE  AND  THE  SCHOOL  DISTRICT'S  DATING
  VIOLENCE  POLICY, TO ENSURE THAT THEY ARE ABLE TO RECOGNIZE INCIDENTS OF
  DATING VIOLENCE AND TO ADVISE PARENTS WHAT THEY CAN DO IF  THEY  SUSPECT
  THEIR CHILD IS A VICTIM OR PERPETRATOR OF DATING VIOLENCE. PARENT AWARE-
  NESS DATING VIOLENCE TRAINING SHALL BE PROVIDED YEARLY.
    7.  THIS  SECTION DOES NOT PREVENT A VICTIM FROM SEEKING REDRESS UNDER
  ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
  CREATE OR ALTER ANY TORT LIABILITY.
    S 4. The education law is amended by adding a new section 816 to  read
  as follows:

    S  816. RESPECT AND SELF-ESTEEM EDUCATION. 1. (A) EACH SCHOOL DISTRICT
  SHALL INCORPORATE RESPECT AND SELF-ESTEEM EDUCATION THAT  IS  AGE-APPRO-
  PRIATE  INTO  THE  ANNUAL  CURRICULUM  FRAMEWORK  FOR STUDENTS IN GRADES
  KINDERGARTEN THROUGH SIX.
    (B) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A RESPECT AND SELF-ESTEEM
  EDUCATION PROGRAM, THE DEPARTMENT SHALL REVIEW  AND  APPROVE  THE  GRADE
  LEVEL TOPICS RELATING TO RESPECT AND SELF-ESTEEM.
    2.  UPON  WRITTEN  REQUEST  TO THE SCHOOL PRINCIPAL, A PARENT OR LEGAL
  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
  PERIOD OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO  EXAMINE
  THE  RESPECT  AND SELF-ESTEEM EDUCATION PROGRAM INSTRUCTION MATERIALS AT
  THE SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
    S 5. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.