S1048-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S1048-2013 Memo

BILL NUMBER:S1048

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:
To require that school systems in the state provide dating violence
education in their health curriculum in order to avoid tragedies such
as the murder of Kari Ann Gonnan of Wilson central High School in
Wilson, New York after which this act is named.

SUMMARY OF PROVISION PROVISIONS:
Section 1 titles this act the "Kari Ann Gorman" Act"
Section 2 outlines the legislative findings and legislative intent.
Section 3 amends the education law by adding a new section numbered 816.
Section 4 amends the education law by adding a new section numbered
2803.
Section 5 contains the effective date.

JUSTIFICATION:
Teenagers often experience violence in dating relationships.
statistics show that one in three teenagers has experienced violence
in a dating relationship. In dating violence, one partner tries to
maintain power and control over the other through abuse. Dating
violence crosses all racial, economic and social lines. Most victims
are young women, who are also at greater risk for serious injury.
Teenagers can choose better relationships when they learn to identify
the early warning signs of an abusive relationship, understand that
they have choices, and believe they are valuable people who deserve
to be treated with respect. Rhode Island enacted legislation in 2007
which mandates the state school system provide dating violence
education in their health curriculum.

PRIOR LEGISLATIVE HISTORY:
S.2537/A.819 of 2009-2010; Referred to Education
S.138A/A.2404A of 2011-2012; Referred to Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S1048-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1048
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sens. MAZIARZ, KENNEDY -- 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 "Kari Ann Gorman act."
 

S  2.  Legislative findings and intent.  The legislature finds, deter
 mines and declares that when a student is a victim of  dating  violence,
 his  or  her  academic  life  suffers and his or her safety at school is
 jeopardized. The legislature finds that a policy to create  an  environ
 ment free of dating violence shall be a part of each school district. It
 is the intent of the legislature to enact legislation that would require
 each  school  district to establish a policy for responding to incidents
 of dating violence and to provide dating violence education to students,
 parents, staff, faculty and administrators, in order to  prevent  dating
 violence and to address incidents involving dating violence.
 

S  3. The education law is amended by adding a new section 816 to read
 as follows:

 

S 816. DATING VIOLENCE EDUCATION.    1.  EACH  SCHOOL  DISTRICT  SHALL
 INCORPORATE  DATING  VIOLENCE EDUCATION THAT IS AGE-APPROPRIATE INTO THE
 ANNUAL HEALTH CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN  THROUGH
 TWELVE.
 (A)  DATING  VIOLENCE  EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
 DEFINING DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS  AND
 CHARACTERISTICS  OF  HEALTHY RELATIONSHIPS. ADDITIONALLY, STUDENTS SHALL
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00774-01-3
 
       S. 1048                             2
 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.
 (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 4. 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.
 (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 FIFTEEN.
 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 FIFTEEN.  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.
 (B)  TO  ENSURE  NOTICE OF THE SCHOOL DISTRICT'S, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES' AND  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
 
       S. 1048                             3
 BOARD'S  DATING  VIOLENCE  POLICY,  THE POLICY SHALL BE PUBLISHED IN ANY
 SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
 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,
 WARNINGS  SIGNS  OF  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. IT IS STRONGLY RECOMMENDED
 THAT THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  OR
 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD PROVIDE PARENT AWARENESS
 TRAINING.
 6.  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 5. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!