Bill Text: NY A10206 | 2009-2010 | General Assembly | Introduced

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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; "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 and includes threats made by cell phone, text message, internet, and other electronic means; requires the department, in conjunction with, to assist schools in developing a policy for dating violence incidents; education to be taught to students regarding dating violence in the annual health curriculum framework for students in grades 7 through 12, and requires respect and self-esteem education be incorporated into the curriculum for students in grades k-6.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2010-03-11 - referred to education [A10206 Detail]

Download: New_York-2009-A10206-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10206
                                 I N  A S S E M B L Y
                                    March 11, 2010
                                      ___________
       Introduced by M. of A. CUSICK -- 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 "Jessica Tush act".
    3    S 2.  The education law is amended by adding a new section 815 to read
    4  as follows:
    5    S 815. DATING VIOLENCE EDUCATION.    1.  EACH  SCHOOL  DISTRICT  SHALL
    6  INCORPORATE  DATING  VIOLENCE EDUCATION THAT IS AGE-APPROPRIATE INTO THE
    7  ANNUAL CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN THROUGH  TWELVE
    8  AND  WHICH  SHALL BE INCORPORATED INTO VARIOUS CLASS SUBJECTS, INCLUDING
    9  HEALTH.
   10    (A) DATING VIOLENCE EDUCATION SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
   11  DEFINING  DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS AND
   12  THE ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET  AND  OTHER  ELECTRONIC
   13  MEANS  IN CONNECTION WITH DATING VIOLENCE AND CHARACTERISTICS OF HEALTHY
   14  RELATIONSHIPS. ADDITIONALLY, STUDENTS SHALL BE PROVIDED WITH THE  SCHOOL
   15  DISTRICT'S  DATING  VIOLENCE  POLICY AS PROVIDED IN SECTION TWENTY-EIGHT
   16  HUNDRED THREE OF THIS CHAPTER.
   17    (B) FOR THE PURPOSES OF THIS SECTION:
   18    (I) "DATING VIOLENCE" MEANS A PATTERN OF  BEHAVIOR  WHERE  ONE  PERSON
   19  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
   20  ABUSE  TO CONTROL HIS OR HER DATING PARTNER AND INCLUDES THREATS MADE BY
   21  CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.
   22    (II) "DATING PARTNER" MEANS ANY PERSON INVOLVED IN AN INTIMATE ASSOCI-
   23  ATION WITH ANOTHER PRIMARILY CHARACTERIZED BY THE EXPECTATION OF  AFFEC-
   24  TIONATE INVOLVEMENT WHETHER CASUAL, SERIOUS OR LONG-TERM.
   25    (III)  "AT SCHOOL" MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
   26  SUCH SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER  SCHOOL-RELATED  VEHICLE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15758-03-0
       A. 10206                            2
    1  AT  AN  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR
    2  EVENT WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
    3    (C)  TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A DATING VIOLENCE EDUCA-
    4  TION PROGRAM, THE DEPARTMENT SHALL REVIEW AND APPROVE  THE  GRADE  LEVEL
    5  TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS.
    6    2.  UPON  WRITTEN  REQUEST  TO THE SCHOOL PRINCIPAL, A PARENT OR LEGAL
    7  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
    8  PERIOD OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO  EXAMINE
    9  THE  DATING  VIOLENCE  EDUCATION  PROGRAM  INSTRUCTION  MATERIALS AT THE
   10  SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
   11    S 3. The education law is amended by adding a new section 2803 to read
   12  as follows:
   13    S 2803. DATING VIOLENCE POLICY.  1. AS USED IN THIS SECTION:
   14    (A) "DATING VIOLENCE" MEANS A PATTERN OF  BEHAVIOR  WHERE  ONE  PERSON
   15  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
   16  ABUSE  TO CONTROL HIS OR HER DATING PARTNER AND INCLUDES THREATS MADE BY
   17  CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.
   18    (B) "DATING PARTNER" MEANS ANY PERSON, REGARDLESS OF GENDER,  INVOLVED
   19  IN  AN INTIMATE RELATIONSHIP WITH ANOTHER PRIMARILY CHARACTERIZED BY THE
   20  EXPECTATION OF  AFFECTIONATE  INVOLVEMENT  WHETHER  CASUAL,  SERIOUS  OR
   21  LONG-TERM.
   22    (C)  "AT  SCHOOL"  MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
   23  SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, AT  AN
   24  OFFICIAL  SCHOOL  BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR EVENT
   25  WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
   26    2. THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR  THE  PREVENTION
   27  OF  DOMESTIC  VIOLENCE,  SHALL DEVELOP A MODEL DATING VIOLENCE POLICY TO
   28  ASSIST SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES  AND
   29  COUNTY  VOCATIONAL EDUCATION AND EXTENSION BOARDS IN DEVELOPING POLICIES
   30  FOR DATING VIOLENCE REPORTING AND RESPONSE. THE MODEL  POLICY  SHALL  BE
   31  ISSUED ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN.
   32    3. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   33  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  ESTABLISH A
   34  SPECIFIC POLICY  TO  ADDRESS  INCIDENTS  OF  DATING  VIOLENCE  INVOLVING
   35  STUDENTS  AT  SCHOOL BY DECEMBER FIRST, TWO THOUSAND ELEVEN. EACH SCHOOL
   36  DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY  VOCA-
   37  TIONAL  EDUCATION  AND  EXTENSION BOARD SHALL VERIFY COMPLIANCE WITH THE
   38  DEPARTMENT ON AN ANNUAL BASIS THROUGH THE SCHOOL DISTRICT  REPORT  CARDS
   39  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES REPORT CARD REQUIRED BY
   40  THIS CHAPTER.
   41    (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
   42  DATING VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING  PROCE-
   43  DURES,  GUIDELINES  TO  RESPONDING  TO  AT-SCHOOL  INCIDENTS  OF  DATING
   44  VIOLENCE AND DISCIPLINE PROCEDURES SPECIFIC TO  SUCH  INCIDENTS.    SUCH
   45  POLICY  SHALL  FURTHER  AUTHORIZE  A  STUDENT  WHO IS A VICTIM OF DATING
   46  VIOLENCE TO REQUEST THAT THE PERPETRATOR OF THE VIOLENCE BE  TRANSFERRED
   47  TO ANOTHER SCHOOL.
   48    (B)  TO  ENSURE  NOTICE OF THE SCHOOL DISTRICT'S, BOARD OF COOPERATIVE
   49  EDUCATIONAL SERVICES' AND  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
   50  BOARD'S  DATING  VIOLENCE  POLICY,  THE POLICY SHALL BE PUBLISHED IN ANY
   51  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
   52  VOCATIONAL  EDUCATION  AND EXTENSION BOARD POLICY AND HANDBOOK THAT SETS
   53  FORTH THE COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF  CONDUCT  FOR
   54  STUDENTS AT SCHOOL.
   55    4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   56  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE DATING
       A. 10206                            3
    1  VIOLENCE TRAINING TO ALL ADMINISTRATORS,  TEACHERS,  NURSES  AND  MENTAL
    2  HEALTH  STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE RECOMMENDA-
    3  TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
    4  TRAINING  ON  A  VOLUNTEER  BASIS.  THE  DATING  VIOLENCE TRAINING SHALL
    5  INCLUDE, BUT NOT BE LIMITED TO, BASIC  PRINCIPLES  OF  DATING  VIOLENCE,
    6  WARNINGS  SIGNS  OF  DATING  VIOLENCE  AND THE ROLE OF CELL PHONES, TEXT
    7  MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS IN CONNECTION WITH DATING
    8  VIOLENCE AND THE SCHOOL DISTRICT'S DATING  VIOLENCE  POLICY,  TO  ENSURE
    9  THAT  THEY  ARE  ABLE  TO  APPROPRIATELY  RESPOND TO INCIDENTS OF DATING
   10  VIOLENCE AT SCHOOL. THEREAFTER, THIS TRAINING SHALL BE  PROVIDED  YEARLY
   11  TO  ALL  NEWLY HIRED STAFF DEEMED APPROPRIATE TO RECEIVE THE TRAINING BY
   12  THE SCHOOL'S ADMINISTRATION.
   13    5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   14  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  INFORM  THE
   15  STUDENTS'  PARENTS  OR LEGAL GUARDIANS OF THE DATING VIOLENCE POLICY. IF
   16  REQUESTED,  THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
   17  SERVICES  OR  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD SHALL
   18  PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
   19  VIOLENCE POLICY AND RELEVANT INFORMATION.
   20    6. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   21  COUNTY VOCATIONAL EDUCATION AND EXTENSION  BOARD  SHALL  PROVIDE  PARENT
   22  AWARENESS DATING VIOLENCE TRAINING TO EDUCATE PARENTS ON SIGNS OF DATING
   23  VIOLENCE  AND  WAYS  TO  PREVENT  TEEN DATING VIOLENCE TO ALL PARENTS OF
   24  CHILDREN AT THE MIDDLE AND HIGH  SCHOOL  LEVELS.  THE  PARENT  AWARENESS
   25  DATING  VIOLENCE  TRAINING  SHALL  INCLUDE, BUT NOT BE LIMITED TO, BASIC
   26  PRINCIPLES OF DATING VIOLENCE, WARNING SIGNS OF DATING VIOLENCE AND  THE
   27  ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS
   28  IN  CONNECTION  WITH  DATING  VIOLENCE  AND THE SCHOOL DISTRICT'S DATING
   29  VIOLENCE POLICY, TO ENSURE THAT THEY ARE ABLE TO RECOGNIZE INCIDENTS  OF
   30  DATING  VIOLENCE  AND TO ADVISE PARENTS WHAT THEY CAN DO IF THEY SUSPECT
   31  THEIR CHILD IS A VICTIM OR PERPETRATOR OF DATING VIOLENCE. PARENT AWARE-
   32  NESS DATING VIOLENCE TRAINING SHALL BE PROVIDED YEARLY.
   33    7. THIS SECTION DOES NOT PREVENT A VICTIM FROM SEEKING  REDRESS  UNDER
   34  ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
   35  CREATE OR ALTER ANY TORT LIABILITY.
   36    S  4. The education law is amended by adding a new section 816 to read
   37  as follows:
   38    S 816. RESPECT AND SELF-ESTEEM EDUCATION. 1. (A) EACH SCHOOL  DISTRICT
   39  SHALL  INCORPORATE  RESPECT AND SELF-ESTEEM EDUCATION THAT IS AGE-APPRO-
   40  PRIATE INTO THE ANNUAL  CURRICULUM  FRAMEWORK  FOR  STUDENTS  IN  GRADES
   41  KINDERGARTEN THROUGH SIX.
   42    (B) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A RESPECT AND SELF-ESTEEM
   43  EDUCATION  PROGRAM,  THE  DEPARTMENT  SHALL REVIEW AND APPROVE THE GRADE
   44  LEVEL TOPICS RELATING TO RESPECT AND SELF-ESTEEM.
   45    2. UPON WRITTEN REQUEST TO THE SCHOOL PRINCIPAL,  A  PARENT  OR  LEGAL
   46  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
   47  PERIOD  OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO EXAMINE
   48  THE RESPECT AND SELF-ESTEEM EDUCATION PROGRAM INSTRUCTION  MATERIALS  AT
   49  THE SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
   50    S 5. This act shall take effect on the one hundred twentieth day after
   51  it shall have become a law.