Bill Text: NY S00138 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-13 - PRINT NUMBER 138A [S00138 Detail]

Download: New_York-2011-S00138-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        138--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (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:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "Kari Ann Gorman act."
    3    S  2.  Legislative findings and intent.  The legislature finds, deter-
    4  mines and declares that when a student is a victim of  dating  violence,
    5  his  or  her  academic  life  suffers and his or her safety at school is
    6  jeopardized. The legislature finds that a policy to create  an  environ-
    7  ment free of dating violence shall be a part of each school district. It
    8  is the intent of the legislature to enact legislation that would require
    9  each  school  district to establish a policy for responding to incidents
   10  of dating violence and to provide dating violence education to students,
   11  parents, staff, faculty and administrators, in order to  prevent  dating
   12  violence and to address incidents involving dating violence.
   13    S  3. The education law is amended by adding a new section 815 to read
   14  as follows:
   15    S 815. DATING VIOLENCE EDUCATION.    1.  EACH  SCHOOL  DISTRICT  SHALL
   16  INCORPORATE  DATING  VIOLENCE EDUCATION THAT IS AGE-APPROPRIATE INTO THE
   17  ANNUAL HEALTH CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN  THROUGH
   18  TWELVE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01599-03-1
       S. 138--A                           2
    1    (A)  DATING  VIOLENCE  EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
    2  DEFINING DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS  AND
    3  CHARACTERISTICS  OF  HEALTHY RELATIONSHIPS. ADDITIONALLY, STUDENTS SHALL
    4  BE PROVIDED  WITH  THE  SCHOOL  DISTRICT'S  DATING  VIOLENCE  POLICY  AS
    5  PROVIDED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
    6    (B) FOR THE PURPOSES OF THIS SECTION:
    7    (I)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
    8  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
    9  ABUSE TO CONTROL HIS OR HER DATING PARTNER.
   10    (II) "DATING PARTNER" MEANS ANY PERSON INVOLVED IN AN INTIMATE ASSOCI-
   11  ATION WITH ANOTHER PRIMARILY CHARACTERIZED BY THE EXPECTATION OF  AFFEC-
   12  TIONATE INVOLVEMENT WHETHER CASUAL, SERIOUS OR LONG-TERM.
   13    (III)  "AT SCHOOL" MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
   14  SUCH SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER  SCHOOL-RELATED  VEHICLE,
   15  AT  AN  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR
   16  EVENT WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
   17    (C) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A DATING VIOLENCE  EDUCA-
   18  TION  PROGRAM,  THE  DEPARTMENT SHALL REVIEW AND APPROVE THE GRADE LEVEL
   19  TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS.
   20    2. UPON WRITTEN REQUEST TO THE SCHOOL PRINCIPAL,  A  PARENT  OR  LEGAL
   21  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
   22  PERIOD  OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO EXAMINE
   23  THE DATING VIOLENCE  EDUCATION  PROGRAM  INSTRUCTION  MATERIALS  AT  THE
   24  SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
   25    S 4. The education law is amended by adding a new section 2803 to read
   26  as follows:
   27    S 2803. DATING VIOLENCE POLICY.  1. AS USED IN THIS SECTION:
   28    (A)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
   29  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
   30  ABUSE TO CONTROL HIS OR HER DATING PARTNER.
   31    (B) "DATING PARTNER" MEANS ANY PERSON, REGARDLESS OF GENDER,  INVOLVED
   32  IN  AN INTIMATE RELATIONSHIP WITH ANOTHER PRIMARILY CHARACTERIZED BY THE
   33  EXPECTATION OF  AFFECTIONATE  INVOLVEMENT  WHETHER  CASUAL,  SERIOUS  OR
   34  LONG-TERM.
   35    (C)  "AT  SCHOOL"  MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
   36  SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, AT  AN
   37  OFFICIAL  SCHOOL  BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR EVENT
   38  WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
   39    2. THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR  THE  PREVENTION
   40  OF  DOMESTIC  VIOLENCE,  SHALL DEVELOP A MODEL DATING VIOLENCE POLICY TO
   41  ASSIST SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES  AND
   42  COUNTY  VOCATIONAL EDUCATION AND EXTENSION BOARDS IN DEVELOPING POLICIES
   43  FOR DATING VIOLENCE REPORTING AND RESPONSE. THE MODEL  POLICY  SHALL  BE
   44  ISSUED ON OR BEFORE APRIL FIRST, TWO THOUSAND THIRTEEN.
   45    3. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   46  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  ESTABLISH A
   47  SPECIFIC POLICY  TO  ADDRESS  INCIDENTS  OF  DATING  VIOLENCE  INVOLVING
   48  STUDENTS  AT  SCHOOL  BY  DECEMBER  FIRST, TWO THOUSAND THIRTEEN.   EACH
   49  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
   50  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL VERIFY COMPLIANCE WITH
   51  THE DEPARTMENT ON AN ANNUAL BASIS THROUGH  THE  SCHOOL  DISTRICT  REPORT
   52  CARDS  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES REPORT CARD REQUIRED
   53  BY THIS CHAPTER.
   54    (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
   55  DATING VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING  PROCE-
       S. 138--A                           3
    1  DURES,  GUIDELINES  TO  RESPONDING  TO  AT-SCHOOL  INCIDENTS  OF  DATING
    2  VIOLENCE AND DISCIPLINE PROCEDURES SPECIFIC TO SUCH INCIDENTS.
    3    (B)  TO  ENSURE  NOTICE OF THE SCHOOL DISTRICT'S, BOARD OF COOPERATIVE
    4  EDUCATIONAL SERVICES' AND  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
    5  BOARD'S  DATING  VIOLENCE  POLICY,  THE POLICY SHALL BE PUBLISHED IN ANY
    6  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
    7  VOCATIONAL  EDUCATION  AND EXTENSION BOARD POLICY AND HANDBOOK THAT SETS
    8  FORTH THE COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF  CONDUCT  FOR
    9  STUDENTS AT SCHOOL.
   10    4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   11  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE DATING
   12  VIOLENCE TRAINING TO ALL ADMINISTRATORS,  TEACHERS,  NURSES  AND  MENTAL
   13  HEALTH  STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE RECOMMENDA-
   14  TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
   15  TRAINING ON A  VOLUNTEER  BASIS.  THE  DATING  VIOLENCE  TRAINING  SHALL
   16  INCLUDE,  BUT  NOT  BE  LIMITED TO, BASIC PRINCIPLES OF DATING VIOLENCE,
   17  WARNINGS SIGNS OF DATING  VIOLENCE  AND  THE  SCHOOL  DISTRICT'S  DATING
   18  VIOLENCE  POLICY,  TO ENSURE THAT THEY ARE ABLE TO APPROPRIATELY RESPOND
   19  TO INCIDENTS OF DATING VIOLENCE AT  SCHOOL.  THEREAFTER,  THIS  TRAINING
   20  SHALL  BE PROVIDED YEARLY TO ALL NEWLY HIRED STAFF DEEMED APPROPRIATE TO
   21  RECEIVE THE TRAINING BY THE SCHOOL'S ADMINISTRATION.
   22    5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   23  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  INFORM  THE
   24  STUDENTS'  PARENTS  OR LEGAL GUARDIANS OF THE DATING VIOLENCE POLICY. IF
   25  REQUESTED,  THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
   26  SERVICES  OR  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD SHALL
   27  PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
   28  VIOLENCE POLICY AND RELEVANT INFORMATION.  IT  IS  STRONGLY  RECOMMENDED
   29  THAT  THE  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
   30  COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD PROVIDE PARENT AWARENESS
   31  TRAINING.
   32    6. THIS SECTION DOES NOT PREVENT A VICTIM FROM SEEKING  REDRESS  UNDER
   33  ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
   34  CREATE OR ALTER ANY TORT LIABILITY.
   35    S 5. This act shall take effect immediately.