Bill Text: PA HB767 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for Office for Safe Schools and for dating violence education.

Spectrum: Moderate Partisan Bill (Democrat 30-6)

Status: (Introduced - Dead) 2011-02-23 - Referred to EDUCATION [HB767 Detail]

Download: Pennsylvania-2011-HB767-Introduced.html

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PRINTER'S NO. 789
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 767 Session of2011
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
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 23, 2011
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," further providing for Office for Safe
Schools and for dating violence education.
The General Assembly finds and declares that:
(1) Criminal acts committed against teenagers by other
young persons are a serious problem in this Commonwealth.
(2) Many of the criminal acts take the form of dating
violence.
(3) On August 15, 2007, Demi Brae Cuccia, a 16-year-old
student at Gateway High School in Monroeville, Allegheny
County, was fatally stabbed 16 times by her former boyfriend,
who then made an unsuccessful attempt to take his own life.
(4) The 18-year-old person arrested for the brutal
attack was convicted of first degree murder and was sentenced
to life in prison without parole.
(5) In order to educate teens and their parents
regarding teen dating violence, the family of Demi Brae
Cuccia has established the Demi Brae Awareness Organization.
(6) Students in our secondary schools need to be
educated about the dangers of teen dating violence so that
other teenagers will not have to share the same fate as Demi
Brae Cuccia.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1302-A(c)(7) and 1553 of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, amended or added November 17, 2010 (P.L.996, No.104),
are amended to read:
Section 1302-A. Office for Safe Schools.--* * *
(c) In addition to the powers and duties set forth under
subsection (b), the office is authorized to make targeted grants
to school entities to fund programs which address school
violence, including:
* * *
(7) Development and implementation of research-based
violence prevention programs that address risk factors to reduce
incidents of problem behaviors among students including, but not
limited to, bullying and dating violence.
* * *
Section 1553. Dating Violence Education.--(a) The
department, through its Office for Safe Schools, and in
consultation with the State Board of Education, shall:
(1) Develop, within six (6) months of the effective date of
this section, a model dating violence policy to assist school
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districts in developing policies for dating violence reporting
and response.
(2) Consult with at least one (1) domestic violence center
and at least one (1) rape crisis center in developing the model
dating violence policy.
(b) [(1) Each school district may establish a specific
policy to address incidents of dating violence involving
students at school.]
(1.1) Each school district shall establish a specific policy
to address incidents of dating violence involving students at
school within one year of the effective date of this paragraph.
Each school district shall verify compliance with the department
on an annual basis through the annual school health report.
(2) The policy [may] shall include, but need not be limited
to: a statement that dating violence will not be tolerated;
violence reporting procedures; discipline procedures for
students that commit violence at school; and contact information
for and resources available through domestic violence programs
and rape crisis programs.
(2.1) No school district shall be required to establish a
new policy if one exists on the effective date of this paragraph
and the policy reasonably fulfills the requirements of this
section.
(3) [A] Each school district [that establishes the policy]
shall:
(i) Publish the policy in any school district policy or
handbook that specifies the comprehensive rules, procedures and
standards of conduct for students at school.
(ii) Make the policy available on its publicly available
Internet website.
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(ii.1) Make the policy available in every classroom.
(ii.2) Post the policy in a prominent location within each
school building where the notices are usually posted.
(iii) Provide parents and guardians with a copy of the
policy.
(iv) Ensure that the policy is reviewed with students within
ninety (90) days after the policy is adopted and thereafter at
least once each school year.
(4) The State Board of Education shall conduct a study of
the benefits and detriments of mandatory dating violence
education and shall submit a report of its recommendations to
the chairman and minority chairman of the Education Committee of
the Senate and the chairman and minority chairman of the
Education Committee of the House of Representatives within three
(3) years of the effective date of this section.
(c) (1) A school district [may] shall provide dating
violence training to all administrators, teachers, guidance
counselors, nurses and mental health staff at the middle school
and high school level. Upon the recommendation of the district
superintendent, other staff may be included or may attend the
training on a voluntary basis. The school district may also
provide dating violence training to parents.
(2) The dating violence training [may] shall include, but
need not be limited to: basic principles of dating violence;
warning signs of dating violence; the school district's dating
violence policy; appropriate responses to incidents of dating
violence at school; and services and resources available through
domestic violence programs and rape crisis programs.
(3) The training shall be provided annually to all newly
hired staff deemed appropriate to receive the training by the
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school's administration.
(4) Each school district shall consult with each domestic
violence program and each rape crisis program that serves the
region where the school district is located for the development
and implementation of the dating violence policy and for the
coordination of the content and provision of dating violence
training for school district employes.
(c.1) A school district shall inform the students' parents
or legal guardians of the school district's dating violence
policy. If requested, the school district shall provide the
parents or legal guardians with the school district's dating
violence policy and relevant information. The school district
may provide parent awareness training.
(d) (1) A school district [may] shall incorporate dating
violence education that is age appropriate into the annual
health curriculum framework for students in grades [nine (9)]
seven (7) through twelve (12). In developing such a policy, the
school district shall consult with [at least one (1)] each
domestic violence program or rape crisis program that serves the
region where the school district is located.
(2) Dating violence education [may] shall include, but need
not be limited to: defining dating violence and recognizing
dating violence warning signs; characteristics of healthy
relationships; information regarding peer support and the role
friends and peers have in addressing dating violence; and
contact information for and the services and resources available
through domestic violence centers and rape crisis centers,
including detailed information concerning safety planning,
availability and enforcement of protection from abuse orders and
the availability of other services and assistance for students
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and their families. The school district shall provide students
with the school district's dating violence policy.
(3) The department, through its Office for Safe Schools, in
consultation with at least one (1) domestic violence center and
at least one (1) rape crisis center, shall provide school
[districts] entities with [grade-appropriate] educational
materials regarding dating violence [and healthy relationships
for the purpose of assisting school districts in preparing an
instructional program on dating violence. The department may use
educational materials that are already publicly available for
this purpose.] and shall prepare model grade-appropriate topics
relating to dating violence and healthy relationships for the
purpose of assisting school entities in preparing an
instructional program on dating violence.
(4) [A] Upon written request to the school principal, a
parent or legal guardian of a student who is under eighteen (18)
years of age, within a reasonable period of time after the
request is made, shall be permitted to examine the dating
violence education program instructional materials at the school
in which the student is enrolled.
(5) At the request of a parent or guardian, a student shall
be excused from all or parts of the dating violence education
program. The principal shall notify all parents or guardians of
their ability to withdraw their children from instruction in the
program by returning a signed opt-out form.
(e) Nothing in this section shall be construed as preventing
a person from seeking judicial relief from dating violence under
any other law or as establishing or modifying any civil
liability.
(f) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection:
"At school." The term shall have the meaning given to school
property as defined in section 1301-A.
"Dating partner." A person, regardless of gender, involved
in an intimate relationship with another person, primarily
characterized by the expectation of affectionate involvement,
whether casual, serious or long term.
"Dating violence." Behavior where one person uses threats
of, or actually uses, physical, sexual, verbal or emotional
abuse to control the person's dating partner.
"Department." The Department of Education of the
Commonwealth.
"Domestic violence center." The term shall have the meaning
given in section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
"Domestic violence program." The term shall have the meaning
given in section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
"Rape crisis center." The term shall have the meaning given
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Rape crisis program." The term shall have the meaning given
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
Section 2. This act shall take effect July 1, 2011, or
immediately, whichever is later.
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