Bill Text: NY S00186 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires dating violence education and dating violence policies in school districts, boards 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: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-24 - PRINT NUMBER 186A [S00186 Detail]

Download: New_York-2017-S00186-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           186
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed to be committed 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    § 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    § 3. The education law is amended by adding a new section 817 to  read
    14  as follows:
    15    §  817.  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.
                                                                   LBD03009-01-7

        S. 186                              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    § 4. The education law is amended by adding a new section 2803 to read
    23  as follows:
    24    § 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 long-
    31  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 nineteen.
    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  nineteen.    Each
    46  school  district,  board  of cooperative educational services and county
    47  vocational education and extension board shall  verify  compliance  with
    48  the  department  on  an  annual basis through the school district report
    49  cards or board of cooperative educational services report card  required
    50  by 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

        S. 186                              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  warning  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    § 5. This act shall take effect immediately.
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