Bill Text: IA SF86 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to the establishment of school district policies to prevent and address incidents of dating violence, and providing effective date provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF86 Detail]

Download: Iowa-2011-SF86-Introduced.html
Senate File 86 - Introduced SENATE FILE 86 BY DANDEKAR A BILL FOR An Act relating to the establishment of school district 1 policies to prevent and address incidents of dating 2 violence, and providing effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1988XS (2) 84 kh/nh
S.F. 86 Section 1. Section 256.9, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 62. a. Develop and distribute, by July 1, 3 2012, to all school districts a model dating violence policy 4 to assist school districts in developing policies for dating 5 violence reporting, response, and appropriate disciplinary 6 procedures. 7 b. Review and approve the grade level topics relating 8 to dating violence and healthy relationships in the health 9 curriculum required pursuant to section 256.11, subsection 4, 10 and the health education curriculum standards required pursuant 11 to section 256.11, subsection 5, paragraph “j” . 12 Sec. 2. Section 256.11, subsection 4, Code 2011, is amended 13 to read as follows: 14 4. The following shall be taught in grades seven and 15 eight: English-language arts; social studies; mathematics; 16 science; health; age-appropriate and research-based human 17 growth and development; family, consumer, career, and 18 technology education; physical education; music; and visual 19 art. The health curriculum shall incorporate age-appropriate 20 dating violence education as specified in section 279.68, 21 subsection 6, and shall also include age-appropriate and 22 research-based information regarding the characteristics 23 of sexually transmitted diseases, including HPV and the 24 availability of a vaccine to prevent HPV, and acquired immune 25 deficiency syndrome. The state board as part of accreditation 26 standards shall adopt curriculum definitions for implementing 27 the program in grades seven and eight. However, this 28 subsection shall not apply to the teaching of family, consumer, 29 career, and technology education in nonpublic schools. For 30 purposes of this section , “age-appropriate” , “HPV” , and 31 “research-based” mean the same as defined in section 279.50 . 32 Sec. 3. Section 256.11, subsection 5, paragraph j, 33 subparagraph (1), Code 2011, is amended to read as follows: 34 (1) One unit of health education which shall include 35 -1- LSB 1988XS (2) 84 kh/nh 1/ 7
S.F. 86 personal health; food and nutrition; environmental health; 1 safety and survival skills; consumer health; family life; 2 age-appropriate dating violence education as specified 3 in section 279.68, subsection 6; age-appropriate and 4 research-based human growth and development; substance abuse 5 and nonuse; emotional and social health; health resources; and 6 prevention and control of disease, including age-appropriate 7 and research-based information regarding sexually transmitted 8 diseases, including HPV and the availability of a vaccine to 9 prevent HPV, and acquired immune deficiency syndrome. 10 Sec. 4. NEW SECTION . 279.68 Dating violence prevention and 11 education policy. 12 1. Legislative findings. The general assembly finds that 13 when a student is a victim of dating violence, the student’s 14 academic life suffers and the student’s safety at school 15 is jeopardized. The general assembly declares that all 16 students have a right to work and study in a safe, supportive 17 environment that is free from harassment, intimidation, and 18 violence. It is the intent of the general assembly that the 19 board of directors of each school district shall establish a 20 policy to create an environment free of dating violence and for 21 responding to incidents of dating violence, and shall provide 22 dating violence education to students, parents, staff, faculty, 23 and administrators in order to prevent dating violence and to 24 address incidents involving student dating violence. 25 2. Definitions. As used in this section, unless the context 26 otherwise requires: 27 a. “At school” means in a classroom on or immediately 28 adjacent to school premises; on a school bus or other 29 school-related vehicle; at an official school bus stop; or at 30 any school-sponsored activity or event whether or not it takes 31 place on school grounds. 32 b. “Dating partner” means any person, regardless of gender, 33 involved in an intimate relationship with another primarily 34 characterized by the expectation of affectionate involvement 35 -2- LSB 1988XS (2) 84 kh/nh 2/ 7
S.F. 86 whether casual, serious, or long-term. 1 c. “Dating violence” means a pattern of behavior pursuant 2 to which a person uses threats of, or actually uses, physical, 3 sexual, verbal, or emotional abuse to control the person’s 4 dating partner. 5 3. Policy. By December 1, 2012, the board of directors 6 of each school district shall establish a specific policy to 7 address incidents of dating violence involving students at 8 school. Each school district shall verify compliance with this 9 section with the department of education on an annual basis 10 through the comprehensive school improvement plan submitted 11 pursuant to section 256.7, subsection 21. 12 a. The policy shall include but not be limited to a 13 statement that dating violence will not be tolerated, dating 14 violence reporting procedures, guidelines for responding 15 to at-school incidents of dating violence, and discipline 16 procedures specific to such incidents. 17 b. To ensure notice of the school district’s dating violence 18 policy, the policy shall be published in any school district 19 policy or handbook that sets forth the comprehensive rules, 20 procedures, and standards of conduct for students at school. 21 4. Training. The board of directors of each school 22 district shall provide for dating violence training for all 23 administrators, teachers, nurses, and mental health staff at 24 the middle and high school levels by December 1, 2012, and 25 yearly thereafter to all newly hired administrators, teachers, 26 nurses, and mental health staff. Upon the recommendation of an 27 administrator, other staff may be included or may attend the 28 training on a volunteer basis. The dating violence training 29 shall include but not be limited to basic principles of 30 dating violence, the warning signs of dating violence, and the 31 school district’s dating violence policy, to ensure that those 32 receiving the training are able to appropriately respond to 33 incidents of dating violence at school. 34 5. Notification of policy. The board of directors of each 35 -3- LSB 1988XS (2) 84 kh/nh 3/ 7
S.F. 86 school district shall inform the students’ parents or legal 1 guardians of the school district’s dating violence policy. If 2 requested, the school district shall provide the parents or 3 legal guardians with the school district’s dating violence 4 policy and relevant information. The board of directors of 5 each school district is strongly encouraged to provide parent 6 awareness training. 7 6. Health curriculum and standards. The board of directors 8 of each school district shall incorporate dating violence 9 education that is age-appropriate into the health curriculum 10 and curriculum standards for students in grades seven 11 through twelve which are required pursuant to section 256.11, 12 subsection 4, and section 256.11, subsection 5, paragraph “j” . 13 a. Dating violence education shall include but not 14 be limited to information on the definition of dating 15 violence, recognizing dating violence warning signs, and the 16 characteristics of healthy relationships. 17 b. Upon written request to the principal of the school of 18 attendance, a parent or legal guardian of a student, within 19 a reasonable period of time after the request is made, shall 20 be permitted to examine the dating violence education program 21 instruction materials at the school in which the student is 22 enrolled. 23 7. Remedies and liability. This section does not prevent 24 a victim from seeking redress under any other available law, 25 either civil or criminal. This section does not create or 26 alter any tort liability. 27 Sec. 5. STATE MANDATE FUNDING SPECIFIED. In accordance 28 with section 25B.2, subsection 3, the state cost of requiring 29 compliance with any state mandate included in this Act shall 30 be paid by a school district from state school foundation aid 31 received by the school district under section 257.16. This 32 specification of the payment of the state cost shall be deemed 33 to meet all of the state funding-related requirements of 34 section 25B.2, subsection 3, and no additional state funding 35 -4- LSB 1988XS (2) 84 kh/nh 4/ 7
S.F. 86 shall be necessary for the full implementation of this Act 1 by and enforcement of this Act against all affected school 2 districts. 3 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 4 immediate importance, takes effect upon enactment. 5 EXPLANATION 6 This bill requires school districts to adopt a dating 7 violence policy by December 1, 2012, provide dating violence 8 training to faculty and staff, and incorporate age-appropriate 9 dating violence education into the health curriculum and 10 standards for students in grades 7 through 12. The bill 11 also requires the director of the department of education to 12 develop and distribute to all school districts a model dating 13 violence policy by July 1, 2012, to assist school districts in 14 developing policies for dating violence reporting, response, 15 and appropriate disciplinary procedures; and to review and 16 approve the grade level topics relating to dating violence and 17 healthy relationships in the health curriculum required under 18 the state’s education standards. 19 The bill includes the general assembly’s finding that 20 dating violence causes a student’s academic life to suffer 21 and jeopardizes the student’s safety; the general assembly’s 22 declaration that all students have a right to work and study in 23 a safe, supportive environment that is free from harassment, 24 intimidation, and violence; and the intent of the general 25 assembly that school districts shall establish a dating 26 violence policy and provide dating violence education to 27 students, parents, staff, faculty, and administrators. 28 The bill defines dating violence to mean a pattern of 29 behavior pursuant to which a person uses threats of, or 30 actually uses, physical, sexual, verbal, or emotional abuse 31 to control the person’s dating partner. “Dating partner” is 32 defined as any person, regardless of gender, involved in an 33 intimate relationship with another primarily characterized 34 by the expectation of affectionate involvement whether 35 -5- LSB 1988XS (2) 84 kh/nh 5/ 7
S.F. 86 casual, serious, or long-term. “At school” means in a 1 classroom on or immediately adjacent to school premises, on 2 school-related vehicles, at an official school bus stop, or at 3 any school-sponsored activity or event. 4 The policy must include a statement that dating violence 5 will not be tolerated, dating violence reporting procedures, 6 guidelines for responding to at-school incidents of dating 7 violence, and discipline procedures specific to such incidents. 8 The policy must be published in any school district policy or 9 handbook. 10 The training must include the basic principles of dating 11 violence and the warning signs of dating violence to ensure 12 that those receiving the training are able to appropriately 13 respond to incidents of dating violence at school. 14 The school district must inform the students’ parents or 15 legal guardians of the school district’s dating violence policy 16 and, if requested, provide them with the policy and relevant 17 information. The bill strongly encourages school districts to 18 provide parent awareness training. 19 The health curriculum and standards must include 20 information on defining dating violence, recognizing dating 21 violence warning signs, and the characteristics of healthy 22 relationships. 23 The bill does not prevent a victim from seeking redress under 24 any other available law, and does not create or alter any tort 25 liability. 26 The bill may include a state mandate as defined in Code 27 section 25B.3. The bill requires that the state cost of 28 any state mandate included in the bill be paid by a school 29 district from state school foundation aid received by the 30 school district under Code section 257.16. The specification 31 is deemed to constitute state compliance with any state mandate 32 funding-related requirements of Code section 25B.2. The 33 inclusion of this specification is intended to reinstate the 34 requirement of political subdivisions to comply with any state 35 -6- LSB 1988XS (2) 84 kh/nh 6/ 7
S.F. 86 mandates included in the bill. 1 The bill takes effect upon enactment. 2 -7- LSB 1988XS (2) 84 kh/nh 7/ 7
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