Bill S138A-2011

Requires dating violence education and dating violence policies in school districts, board of cooperative educational services and county vocational education and extension boards

Requires dating violence education and dating violence policies in school districts, board of cooperative educational services and county vocational education and extension boards; establishes that "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; requires the department, in conjunction with the office for the prevention of domestic violence, to assist schools in developing a policy for dating violence incidents; requires such education to be taught to students regarding dating violence in the annual health curriculum framework for students in grades 7 through 12.

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  • Jan 13, 2012: PRINT NUMBER 138A
  • Jan 13, 2012: AMEND AND RECOMMIT TO EDUCATION
  • Jan 4, 2012: REFERRED TO EDUCATION
  • Jan 5, 2011: REFERRED TO EDUCATION

Memo

BILL NUMBER:S138A

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 SPECIFIC PROVISIONS: Section 1 titles this act the "Kari Ann Gonnan" Act. Section 2 outlines the legislative findings and legislative intent. Section 3 amends the education law by adding a new section numbered 815. 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

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 138--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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 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 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 THIRTEEN. 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 THIRTEEN. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY VOCATIONAL 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 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.

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