Bill Text: NY A00819 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Moderate Partisan Bill (Democrat 16-2)
Status: (Introduced - Dead) 2010-01-06 - referred to education [A00819 Detail]
Download: New_York-2009-A00819-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
819
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
tee 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 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.
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.
LBD01529-02-9
A. 819 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 PROPOSES 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 OF
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 1, 2010.
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 1, 2010. EACH SCHOOL DISTRICT, BOARD OF
46 COOPERATIVE EDUCATIONAL SERVICES AND COUNTY VOCATIONAL EDUCATION AND
47 EXTENSION BOARD SHALL VERIFY COMPLIANCE WITH THE DEPARTMENT ON AN ANNUAL
48 BASIS THROUGH THE SCHOOL DISTRICT REPORT CARDS OR BOARD OF COOPERATIVE
49 EDUCATIONAL SERVICES REPORT CARD REQUIRED BY THIS CHAPTER.
50 (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
51 DATING VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING PROCE-
52 DURES, GUIDELINES TO RESPONDING TO AT-SCHOOL INCIDENTS OF DATING
53 VIOLENCE AND DISCIPLINE PROCEDURES SPECIFIC TO SUCH INCIDENTS.
54 (B) TO ENSURE NOTICE OF THE SCHOOL DISTRICT'S, BOARD OF COOPERATIVE
55 EDUCATIONAL SERVICES' AND COUNTY VOCATIONAL EDUCATION AND EXTENSION
56 BOARD'S DATING VIOLENCE POLICY, THE POLICY SHALL BE PUBLISHED IN ANY
A. 819 3
1 SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY
2 VOCATIONAL EDUCATION AND EXTENSION BOARD POLICY AND HANDBOOK THAT SETS
3 FORTH THE COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF CONDUCT FOR
4 STUDENTS AT SCHOOL.
5 4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
6 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD SHALL PROVIDE DATING
7 VIOLENCE TRAINING TO ALL ADMINISTRATORS, TEACHERS, NURSES AND MENTAL
8 HEALTH STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE RECOMMENDA-
9 TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
10 TRAINING ON A VOLUNTEER BASIS. THE DATING VIOLENCE TRAINING SHALL
11 INCLUDE, BUT NOT BE LIMITED TO, BASIC PRINCIPLES OF DATING VIOLENCE,
12 WARNINGS SIGNS OF DATING VIOLENCE AND THE SCHOOL DISTRICT'S DATING
13 VIOLENCE POLICY, TO ENSURE THAT THEY ARE ABLE TO APPROPRIATELY RESPOND
14 TO INCIDENTS OF DATING VIOLENCE AT SCHOOL. THEREAFTER, THIS TRAINING
15 SHALL BE PROVIDED YEARLY TO ALL NEWLY HIRED STAFF DEEMED APPROPRIATE TO
16 RECEIVE THE TRAINING BY THE SCHOOL'S ADMINISTRATION.
17 5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
18 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD SHALL INFORM THE
19 STUDENTS' PARENTS OR LEGAL GUARDIANS OF THE DATING VIOLENCE POLICY. IF
20 REQUESTED, THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
21 SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD SHALL
22 PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
23 VIOLENCE POLICY AND RELEVANT INFORMATION. IT IS STRONGLY RECOMMENDED
24 THAT THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
25 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD PROVIDE PARENT AWARENESS
26 TRAINING.
27 6. THIS SECTION DOES NOT PREVENT A VICTIM FROM SEEKING REDRESS UNDER
28 ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
29 CREATE OR ALTER ANY TORT LIABILITY.
30 S 5. This act shall take effect immediately.
