Bill Text: PA SB1116 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the powers and duties of the Office of Safe Schools; and providing for policies relating to dating violence and for instruction relating to dating violence.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2009-10-08 - Referred to EDUCATION [SB1116 Detail]

Download: Pennsylvania-2009-SB1116-Introduced.html

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PRINTER'S NO. 1485
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1116 Session of2009
INTRODUCED BY LOGAN, ORIE, TARTAGLIONE, MUSTO, RAFFERTY, FONTANA, HUGHES, WASHINGTON AND FERLO, OCTOBER 8, 2009
REFERRED TO EDUCATION, OCTOBER 8, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," further providing for the powers and
duties of the Office of Safe Schools; and providing for
policies relating to dating violence and for instruction
relating to dating violence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302-A(c)(7) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, added
June 30, 1995 (P.L.220, No.26), is amended to read:
Section 1302-A. Office for Safe Schools.--* * *
(c) In addition to the powers and duties set forth under
subsection (a), the office is authorized to make targeted grants
to schools to fund programs which address school violence,
including, but not limited to, the following programs:
* * *
(7) Development and implementation of research-based
violence prevention programs that address risk factors to reduce
incidents of problem behaviors among students including, but not
limited to, bullying and dating violence.
* * *
Section 2. The act is amended by adding sections to read:
Section 1303.2-A. Policies Relating to Dating Violence.--(a)
It is the purpose of this section to require each school entity
to implement a policy to address incidents of dating violence.
When a student is a victim of dating violence, the student's
academic life suffers and the student's safety is jeopardized.
All students have a right to study and work in a safe and
supportive environment that is free from harassment,
intimidation and violence.
(b) (1) No later than July 1, 2010, each school entity
shall adopt a policy, or amend its existing policy, relating to
dating violence and incorporate the policy into the code of
student conduct for the school entity, as required under 22 Pa.
Code § 12.3(c) (relating to school rules).
(2) The policy shall include but not be limited to:
(i) A statement that dating violence will not be tolerated.
(ii) A delineation of disciplinary consequences and
appropriate intervention procedures.
(iii) A delineation of disciplinary procedures to address
alleged incidents of dating violence.
(iv) Procedures for reporting dating violence, including the
designation of the appropriate school staff person to receive
reports of incidents of dating violence.
(v) Contact information for and resources available through
domestic violence programs and rape crisis programs.
(3) No school entity shall be required to establish a new
policy if one currently exists and reasonably fulfills the
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requirements of this section.
(c) (1) Each school entity shall make the dating violence
policy available on its publicly available Internet website, if
available, and in every classroom. Each school entity shall post
the policy at a prominent location within each school building
where such notices are usually posted. Each school entity shall
ensure that the policy is reviewed with students within ninety
(90) days after its adoption and thereafter at least once each
school year.
(2) Each school entity shall inform the parents or legal
guardian of each student regarding the policy and its
incorporation into the student code of conduct. If requested,
the school entity shall provide the parents or legal guardian
with a copy of the dating violence policy.
(d) (1) Each school entity shall provide dating violence
training to professional employes and school staff who have
direct contact with students. Other professional employes and
school employes may attend the training on a volunteer basis.
(2) The training shall be provided on an annual basis to all
newly hired professional employes and school staff who have
direct contact with students.
(3) The training shall include, but not be limited to, the
following:
(i) The definition, dynamics and consequences of dating
violence.
(ii) The warning signs of dating violence and how to
recognize them.
(iii) Services and resources available through domestic
violence programs and rape crisis programs.
(iv) Effective techniques for intervention in dating
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violence incidents and support for affected students.
(v) The contents of the dating violence policy.
(vi) Instruction relating to the course of study for dating
violence education provided under section 1551.
(e) Each school entity shall consult with each domestic
violence program and each rape crisis program that serve the
region where the school entity is located for the following
purposes:
(1) The development and implementation of the dating
violence policy.
(2) The coordination of the content and provision of dating
violence training for school entity employes.
(f) No later than December 1, 2009, the Department of
Education through its Office for Safe Schools shall develop a
model dating violence policy to assist school entities in
developing and adopting a dating violence policy. The department
through its Office for Safe Schools shall consult with one or
more domestic violence centers and one or more rape crisis
centers in developing the model dating violence policy.
(g) 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.
(h) As used in this section, the following terms and phrases
shall have the meaning given to them in this subsection unless
the context clearly indicates otherwise:
"Dating partner" shall mean any person, regardless of gender,
involved in an intimate relationship with another person
primarily characterized by the expectation of an affectionate
involvement whether casual, serious or long-term.
"Dating violence" shall mean the occurrence of one or more of
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the following acts between dating partners:
(1) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury, serious bodily injury, rape,
involuntary deviate sexual intercourse, sexual assault,
statutory sexual assault, aggravated indecent assault, indecent
assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent serious
bodily injury.
(3) The infliction of false imprisonment under 18 Pa.C.S. §
2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children,
including, but not limited to, "child abuse" as defined in 23
Pa.C.S. Ch. 63 (relating to child protective services).
(5) Knowingly engaging in a course of conduct or repeatedly
committing acts toward another person, including following the
person, without proper authority, under circumstances which
place the person in reasonable fear of bodily injury. This
paragraph applies only to the term "dating violence" as used in
this section and is inapplicable to any criminal prosecution
commenced under 18 Pa.C.S. (relating to crimes and offenses).
This term does not include a defensive measure undertaken for
self-protection by one dating partner against another dating
partner.
"Domestic violence center" shall have the meaning specified
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Domestic violence program" shall have the meaning specified
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Rape crisis center" shall have the meaning specified for in
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section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Rape crisis program" shall have the meaning specified in
section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"School entity" shall mean a school district, an intermediate
unit or an area vocational-technical school.
Section 1551. Instruction Relating to Dating Violence.--(a)
Beginning with the school year 2010-2011 and each year
thereafter, each school entity shall provide students with
instruction on dating violence education in each grade from
grade seven (7) through grade twelve (12). The instruction shall
be age-appropriate and sequential in the method of study and
shall be integrated within the health course of study in
accordance with State Board of Education regulations.
(b) The instructional program shall include, but not be
limited to, the following:
(1) Definition, dynamics and consequences of dating
violence.
(2) Warning signs of dating violence and the recognition of
those warning signs.
(3) Characteristics of healthy relationships.
(4) Contact information for and the services and resources
available through domestic violence centers and rape crisis
centers, including detailed information concerning safety
planning, availability and enforcement of protection from abuse
orders, and the availability of other services and assistance
for students and their families.
(5) Information regarding peer support and the role friends
and peers have in addressing dating violence.
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(6) The school entity's dating violence policy.
(c) The Department of Education through its Office for Safe
Schools, in consultation with one or more domestic violence
centers and one or more rape crisis centers, shall provide
school entities with educational materials regarding dating
violence and shall prepare model grade-appropriate topics
relating to dating violence and healthy relationships for the
purpose of assisting school entities in preparing an
instructional program on dating violence.
(d) Each school entity, in establishing a course of study
for student instruction relating to dating violence, shall
consult with each domestic violence program and each rape crisis
program that serve the region where the school entity is
located.
(e) A school entity shall, upon a written request, permit a
parent or legal guardian of a student under eighteen (18) years
of age to examine the instruction materials for the dating
violence education program at the school where the student is
enrolled during normal school hours and within a reasonable
period of time following receipt of the request.
(f) As used in this section, the following terms and phrases
shall have the meaning given to them in this subsection unless
the context clearly indicates otherwise:
"Dating partner" shall mean any person, regardless of gender,
involved in an intimate relationship with another person
primarily characterized by the expectation of an affectionate
involvement whether casual, serious or long-term.
"Dating violence" shall mean the occurrence of one or more of
the following acts between dating partners:
(1) Attempting to cause or intentionally, knowingly or
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recklessly causing bodily injury, serious bodily injury, rape,
involuntary deviate sexual intercourse, sexual assault,
statutory sexual assault, aggravated indecent assault, indecent
assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent serious
bodily injury.
(3) The infliction of false imprisonment under 18 Pa.C.S. §
2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children,
including, but not limited to, "child abuse" as defined in 23
Pa.C.S. Ch. 63 (relating to child protective services).
(5) Knowingly engaging in a course of conduct or repeatedly
committing acts toward another person, including following the
person, without proper authority, under circumstances which
place the person in reasonable fear of bodily injury. This
paragraph applies only to the term "dating violence" as used in
this section and is inapplicable to any criminal prosecutions
commenced under 18 Pa.C.S. (relating to crimes and offenses).
The term does not include a defensive measure undertaken for
self-protection by one dating partner against another dating
partner.
"Domestic violence center" shall have the meaning specified
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Domestic violence program" shall have the meaning specified
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Protection from abuse order" shall mean an order issued
under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).
"Rape crisis center" shall have the meaning specified in
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section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Rape crisis program" shall have the meaning specified in
section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"School entity" shall mean a school district, an intermediate
unit or an area vocational-technical school.
Section 3. This act shall take effect in 60 days.
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