Bill Text: NY A00515 | 2013-2014 | General Assembly | Introduced

---

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: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A00515 Detail]

Download: New_York-2013-A00515-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          515
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. CUSICK, GIBSON, ABBATE -- read once and referred
         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:
    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 816 to read
   14  as follows:
   15    S 816. 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.
   19    (A)  DATING  VIOLENCE  EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
   20  DEFINING DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS  AND
   21  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
       A. 515                              2
    1  BE PROVIDED  WITH  THE  SCHOOL  DISTRICT'S  DATING  VIOLENCE  POLICY  AS
    2  PROVIDED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
    3    (B) FOR THE PURPOSES OF THIS SECTION:
    4    (I)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
    5  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
    6  ABUSE TO CONTROL HIS OR HER DATING PARTNER.
    7    (II) "DATING PARTNER" MEANS ANY PERSON INVOLVED IN AN INTIMATE ASSOCI-
    8  ATION WITH ANOTHER PRIMARILY CHARACTERIZED BY THE EXPECTATION OF  AFFEC-
    9  TIONATE INVOLVEMENT WHETHER CASUAL, SERIOUS OR LONG-TERM.
   10    (III)  "AT SCHOOL" MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
   11  SUCH SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER  SCHOOL-RELATED  VEHICLE,
   12  AT  AN  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR
   13  EVENT WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
   14    (C) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A DATING VIOLENCE  EDUCA-
   15  TION  PROGRAM,  THE  DEPARTMENT SHALL REVIEW AND APPROVE THE GRADE LEVEL
   16  TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS.
   17    2. UPON WRITTEN REQUEST TO THE SCHOOL PRINCIPAL,  A  PARENT  OR  LEGAL
   18  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
   19  PERIOD  OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO EXAMINE
   20  THE DATING VIOLENCE  EDUCATION  PROGRAM  INSTRUCTION  MATERIALS  AT  THE
   21  SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
   22    S 4. The education law is amended by adding a new section 2803 to read
   23  as follows:
   24    S 2803. DATING VIOLENCE POLICY.  1. AS USED IN THIS SECTION:
   25    (A)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
   26  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
   27  ABUSE TO CONTROL HIS OR HER DATING PARTNER.
   28    (B) "DATING PARTNER" MEANS ANY PERSON, REGARDLESS OF GENDER,  INVOLVED
   29  IN  AN INTIMATE RELATIONSHIP WITH ANOTHER PRIMARILY CHARACTERIZED BY THE
   30  EXPECTATION OF  AFFECTIONATE  INVOLVEMENT  WHETHER  CASUAL,  SERIOUS  OR
   31  LONG-TERM.
   32    (C)  "AT  SCHOOL"  MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
   33  SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, AT  AN
   34  OFFICIAL  SCHOOL  BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR EVENT
   35  WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
   36    2. THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR  THE  PREVENTION
   37  OF  DOMESTIC  VIOLENCE,  SHALL DEVELOP A MODEL DATING VIOLENCE POLICY TO
   38  ASSIST SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES  AND
   39  COUNTY  VOCATIONAL EDUCATION AND EXTENSION BOARDS IN DEVELOPING POLICIES
   40  FOR DATING VIOLENCE REPORTING AND RESPONSE. THE MODEL  POLICY  SHALL  BE
   41  ISSUED ON OR BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN.
   42    3. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   43  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  ESTABLISH A
   44  SPECIFIC POLICY  TO  ADDRESS  INCIDENTS  OF  DATING  VIOLENCE  INVOLVING
   45  STUDENTS AT SCHOOL BY DECEMBER FIRST, TWO THOUSAND FIFTEEN.  EACH SCHOOL
   46  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES AND COUNTY VOCA-
   47  TIONAL EDUCATION AND EXTENSION BOARD SHALL VERIFY  COMPLIANCE  WITH  THE
   48  DEPARTMENT  ON  AN ANNUAL BASIS THROUGH THE SCHOOL DISTRICT REPORT CARDS
   49  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  REPORT  CARD  REQUIRED  BY
   50  THIS CHAPTER.
   51    (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
   52  DATING  VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING PROCE-
   53  DURES,  GUIDELINES  TO  RESPONDING  TO  AT-SCHOOL  INCIDENTS  OF  DATING
   54  VIOLENCE AND DISCIPLINE PROCEDURES SPECIFIC TO SUCH INCIDENTS.
   55    (B)  TO  ENSURE  NOTICE OF THE SCHOOL DISTRICT'S, BOARD OF COOPERATIVE
   56  EDUCATIONAL SERVICES' AND  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
       A. 515                              3
    1  BOARD'S  DATING  VIOLENCE  POLICY,  THE POLICY SHALL BE PUBLISHED IN ANY
    2  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
    3  VOCATIONAL  EDUCATION  AND EXTENSION BOARD POLICY AND HANDBOOK THAT SETS
    4  FORTH  THE  COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF CONDUCT FOR
    5  STUDENTS AT SCHOOL.
    6    4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
    7  COUNTY VOCATIONAL EDUCATION AND EXTENSION  BOARD  SHALL  PROVIDE  DATING
    8  VIOLENCE  TRAINING  TO  ALL  ADMINISTRATORS, TEACHERS, NURSES AND MENTAL
    9  HEALTH STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE  RECOMMENDA-
   10  TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
   11  TRAINING  ON  A  VOLUNTEER  BASIS.  THE  DATING  VIOLENCE TRAINING SHALL
   12  INCLUDE, BUT NOT BE LIMITED TO, BASIC  PRINCIPLES  OF  DATING  VIOLENCE,
   13  WARNINGS  SIGNS  OF  DATING  VIOLENCE  AND  THE SCHOOL DISTRICT'S DATING
   14  VIOLENCE POLICY, TO ENSURE THAT THEY ARE ABLE TO  APPROPRIATELY  RESPOND
   15  TO  INCIDENTS  OF  DATING  VIOLENCE AT SCHOOL. THEREAFTER, THIS TRAINING
   16  SHALL BE PROVIDED YEARLY TO ALL NEWLY HIRED STAFF DEEMED APPROPRIATE  TO
   17  RECEIVE THE TRAINING BY THE SCHOOL'S ADMINISTRATION.
   18    5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   19  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  INFORM  THE
   20  STUDENTS' PARENTS OR LEGAL GUARDIANS OF THE DATING VIOLENCE  POLICY.  IF
   21  REQUESTED,   THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
   22  SERVICES OR  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL
   23  PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
   24  VIOLENCE  POLICY  AND  RELEVANT  INFORMATION. IT IS STRONGLY RECOMMENDED
   25  THAT THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  OR
   26  COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD PROVIDE PARENT AWARENESS
   27  TRAINING.
   28    6.  THIS  SECTION DOES NOT PREVENT A VICTIM FROM SEEKING REDRESS UNDER
   29  ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
   30  CREATE OR ALTER ANY TORT LIABILITY.
   31    S 5. This act shall take effect immediately.