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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CONKLIN, DEASY, B. BOYLE, K. BOYLE, BRADFORD, BRIGGS, CALTAGIRONE, COHEN, D. COSTA, DeLUCA, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, GEIST, GILLESPIE, GINGRICH, GOODMAN, HARKINS, JOSEPHS, KORTZ, MAHONEY, MURT, M. O'BRIEN, PASHINSKI, PAYTON, READSHAW, SANTARSIERO, M. SMITH, STURLA, THOMAS, WAGNER, WATERS, WATSON AND YOUNGBLOOD, FEBRUARY 23, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 23, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for Office for Safe |
6 | Schools and for dating violence education. |
7 | The General Assembly finds and declares that: |
8 | (1) Criminal acts committed against teenagers by other |
9 | young persons are a serious problem in this Commonwealth. |
10 | (2) Many of the criminal acts take the form of dating |
11 | violence. |
12 | (3) On August 15, 2007, Demi Brae Cuccia, a 16-year-old |
13 | student at Gateway High School in Monroeville, Allegheny |
14 | County, was fatally stabbed 16 times by her former boyfriend, |
15 | who then made an unsuccessful attempt to take his own life. |
16 | (4) The 18-year-old person arrested for the brutal |
17 | attack was convicted of first degree murder and was sentenced |
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1 | to life in prison without parole. |
2 | (5) In order to educate teens and their parents |
3 | regarding teen dating violence, the family of Demi Brae |
4 | Cuccia has established the Demi Brae Awareness Organization. |
5 | (6) Students in our secondary schools need to be |
6 | educated about the dangers of teen dating violence so that |
7 | other teenagers will not have to share the same fate as Demi |
8 | Brae Cuccia. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Sections 1302-A(c)(7) and 1553 of the act of |
12 | March 10, 1949 (P.L.30, No.14), known as the Public School Code |
13 | of 1949, amended or added November 17, 2010 (P.L.996, No.104), |
14 | are amended to read: |
15 | Section 1302-A. Office for Safe Schools.--* * * |
16 | (c) In addition to the powers and duties set forth under |
17 | subsection (b), the office is authorized to make targeted grants |
18 | to school entities to fund programs which address school |
19 | violence, including: |
20 | * * * |
21 | (7) Development and implementation of research-based |
22 | violence prevention programs that address risk factors to reduce |
23 | incidents of problem behaviors among students including, but not |
24 | limited to, bullying and dating violence. |
25 | * * * |
26 | Section 1553. Dating Violence Education.--(a) The |
27 | department, through its Office for Safe Schools, and in |
28 | consultation with the State Board of Education, shall: |
29 | (1) Develop, within six (6) months of the effective date of |
30 | this section, a model dating violence policy to assist school |
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1 | districts in developing policies for dating violence reporting |
2 | and response. |
3 | (2) Consult with at least one (1) domestic violence center |
4 | and at least one (1) rape crisis center in developing the model |
5 | dating violence policy. |
6 | (b) [(1) Each school district may establish a specific |
7 | policy to address incidents of dating violence involving |
8 | students at school.] |
9 | (1.1) Each school district shall establish a specific policy |
10 | to address incidents of dating violence involving students at |
11 | school within one year of the effective date of this paragraph. |
12 | Each school district shall verify compliance with the department |
13 | on an annual basis through the annual school health report. |
14 | (2) The policy [may] shall include, but need not be limited |
15 | to: a statement that dating violence will not be tolerated; |
16 | violence reporting procedures; discipline procedures for |
17 | students that commit violence at school; and contact information |
18 | for and resources available through domestic violence programs |
19 | and rape crisis programs. |
20 | (2.1) No school district shall be required to establish a |
21 | new policy if one exists on the effective date of this paragraph |
22 | and the policy reasonably fulfills the requirements of this |
23 | section. |
24 | (3) [A] Each school district [that establishes the policy] |
25 | shall: |
26 | (i) Publish the policy in any school district policy or |
27 | handbook that specifies the comprehensive rules, procedures and |
28 | standards of conduct for students at school. |
29 | (ii) Make the policy available on its publicly available |
30 | Internet website. |
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1 | (ii.1) Make the policy available in every classroom. |
2 | (ii.2) Post the policy in a prominent location within each |
3 | school building where the notices are usually posted. |
4 | (iii) Provide parents and guardians with a copy of the |
5 | policy. |
6 | (iv) Ensure that the policy is reviewed with students within |
7 | ninety (90) days after the policy is adopted and thereafter at |
8 | least once each school year. |
9 | (4) The State Board of Education shall conduct a study of |
10 | the benefits and detriments of mandatory dating violence |
11 | education and shall submit a report of its recommendations to |
12 | the chairman and minority chairman of the Education Committee of |
13 | the Senate and the chairman and minority chairman of the |
14 | Education Committee of the House of Representatives within three |
15 | (3) years of the effective date of this section. |
16 | (c) (1) A school district [may] shall provide dating |
17 | violence training to all administrators, teachers, guidance |
18 | counselors, nurses and mental health staff at the middle school |
19 | and high school level. Upon the recommendation of the district |
20 | superintendent, other staff may be included or may attend the |
21 | training on a voluntary basis. The school district may also |
22 | provide dating violence training to parents. |
23 | (2) The dating violence training [may] shall include, but |
24 | need not be limited to: basic principles of dating violence; |
25 | warning signs of dating violence; the school district's dating |
26 | violence policy; appropriate responses to incidents of dating |
27 | violence at school; and services and resources available through |
28 | domestic violence programs and rape crisis programs. |
29 | (3) The training shall be provided annually to all newly |
30 | hired staff deemed appropriate to receive the training by the |
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1 | school's administration. |
2 | (4) Each school district shall consult with each domestic |
3 | violence program and each rape crisis program that serves the |
4 | region where the school district is located for the development |
5 | and implementation of the dating violence policy and for the |
6 | coordination of the content and provision of dating violence |
7 | training for school district employes. |
8 | (c.1) A school district shall inform the students' parents |
9 | or legal guardians of the school district's dating violence |
10 | policy. If requested, the school district shall provide the |
11 | parents or legal guardians with the school district's dating |
12 | violence policy and relevant information. The school district |
13 | may provide parent awareness training. |
14 | (d) (1) A school district [may] shall incorporate dating |
15 | violence education that is age appropriate into the annual |
16 | health curriculum framework for students in grades [nine (9)] |
17 | seven (7) through twelve (12). In developing such a policy, the |
18 | school district shall consult with [at least one (1)] each |
19 | domestic violence program or rape crisis program that serves the |
20 | region where the school district is located. |
21 | (2) Dating violence education [may] shall include, but need |
22 | not be limited to: defining dating violence and recognizing |
23 | dating violence warning signs; characteristics of healthy |
24 | relationships; information regarding peer support and the role |
25 | friends and peers have in addressing dating violence; and |
26 | contact information for and the services and resources available |
27 | through domestic violence centers and rape crisis centers, |
28 | including detailed information concerning safety planning, |
29 | availability and enforcement of protection from abuse orders and |
30 | the availability of other services and assistance for students |
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1 | and their families. The school district shall provide students |
2 | with the school district's dating violence policy. |
3 | (3) The department, through its Office for Safe Schools, in |
4 | consultation with at least one (1) domestic violence center and |
5 | at least one (1) rape crisis center, shall provide school |
6 | [districts] entities with [grade-appropriate] educational |
7 | materials regarding dating violence [and healthy relationships |
8 | for the purpose of assisting school districts in preparing an |
9 | instructional program on dating violence. The department may use |
10 | educational materials that are already publicly available for |
11 | this purpose.] and shall prepare model grade-appropriate topics |
12 | relating to dating violence and healthy relationships for the |
13 | purpose of assisting school entities in preparing an |
14 | instructional program on dating violence. |
15 | (4) [A] Upon written request to the school principal, a |
16 | parent or legal guardian of a student who is under eighteen (18) |
17 | years of age, within a reasonable period of time after the |
18 | request is made, shall be permitted to examine the dating |
19 | violence education program instructional materials at the school |
20 | in which the student is enrolled. |
21 | (5) At the request of a parent or guardian, a student shall |
22 | be excused from all or parts of the dating violence education |
23 | program. The principal shall notify all parents or guardians of |
24 | their ability to withdraw their children from instruction in the |
25 | program by returning a signed opt-out form. |
26 | (e) Nothing in this section shall be construed as preventing |
27 | a person from seeking judicial relief from dating violence under |
28 | any other law or as establishing or modifying any civil |
29 | liability. |
30 | (f) As used in this section, the following words and phrases |
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1 | shall have the meanings given to them in this subsection: |
2 | "At school." The term shall have the meaning given to school |
3 | property as defined in section 1301-A. |
4 | "Dating partner." A person, regardless of gender, involved |
5 | in an intimate relationship with another person, primarily |
6 | characterized by the expectation of affectionate involvement, |
7 | whether casual, serious or long term. |
8 | "Dating violence." Behavior where one person uses threats |
9 | of, or actually uses, physical, sexual, verbal or emotional |
10 | abuse to control the person's dating partner. |
11 | "Department." The Department of Education of the |
12 | Commonwealth. |
13 | "Domestic violence center." The term shall have the meaning |
14 | given in section 2333 of the act of April 9, 1929 (P.L.177, |
15 | No.175), known as "The Administrative Code of 1929." |
16 | "Domestic violence program." The term shall have the meaning |
17 | given in section 2333 of the act of April 9, 1929 (P.L.177, |
18 | No.175), known as "The Administrative Code of 1929." |
19 | "Rape crisis center." The term shall have the meaning given |
20 | in section 2333 of the act of April 9, 1929 (P.L.177, No.175), |
21 | known as "The Administrative Code of 1929." |
22 | "Rape crisis program." The term shall have the meaning given |
23 | in section 2333 of the act of April 9, 1929 (P.L.177, No.175), |
24 | known as "The Administrative Code of 1929." |
25 | Section 2. This act shall take effect July 1, 2011, or |
26 | immediately, whichever is later. |
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