Requires dating violence education and dating violence policies in school districts, board 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.
STATE OF NEW YORK
________________________________________________________________________
138--A
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- recommitted
to the Committee on Education in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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 815 to read
14 as follows:
15 § 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01599-03-1
S. 138--A 2
1 (a) Dating violence education shall include, but not be limited to,
2 defining dating violence, recognizing dating violence warning signs and
3 characteristics of healthy relationships. Additionally, students shall
4 be provided with the school district's dating violence policy as
5 provided in section twenty-eight hundred three of this chapter.
6 (b) For the purposes of this section:
7 (i) "Dating violence" means a pattern of behavior where one person
8 uses threats of, or actually uses, physical, sexual, verbal or emotional
9 abuse to control his or her dating partner.
10 (ii) "Dating partner" means any person involved in an intimate associ-
11 ation with another primarily characterized by the expectation of affec-
12 tionate involvement whether casual, serious or long-term.
13 (iii) "At school" means in a classroom, on or immediately adjacent to
14 such school premises, on a school bus or other school-related vehicle,
15 at an official school bus stop, or at any school-sponsored activity or
16 event whether or not it is on school grounds.
17 (c) To assist school districts in developing a dating violence educa-
18 tion program, the department shall review and approve the grade level
19 topics relating to dating violence and healthy relationships.
20 2. Upon written request to the school principal, a parent or legal
21 guardian of a pupil less than eighteen years of age, within a reasonable
22 period of time after the request is made, shall be permitted to examine
23 the dating violence education program instruction materials at the
24 school in which his or her child is enrolled.
25 § 4. The education law is amended by adding a new section 2803 to read
26 as follows:
27 § 2803. Dating violence policy. 1. As used in this section:
28 (a) "Dating violence" means a pattern of behavior where one person
29 uses threats of, or actually uses, physical, sexual, verbal or emotional
30 abuse to control his or her dating partner.
31 (b) "Dating partner" means any person, regardless of gender, involved
32 in an intimate relationship with another primarily characterized by the
33 expectation of affectionate involvement whether casual, serious or long-
34 term.
35 (c) "At school" means in a classroom, on or immediately adjacent to
36 school premises, on a school bus or other school-related vehicle, at an
37 official school bus stop, or at any school-sponsored activity or event
38 whether or not it is on school grounds.
39 2. The department, in conjunction with the office for the prevention
40 of domestic violence, shall develop a model dating violence policy to
41 assist school districts, boards of cooperative educational services and
42 county vocational education and extension boards in developing policies
43 for dating violence reporting and response. The model policy shall be
44 issued on or before April first, two thousand thirteen.
45 3. Each school district, board of cooperative educational services and
46 county vocational education and extension board shall establish a
47 specific policy to address incidents of dating violence involving
48 students at school by December first, two thousand thirteen. Each
49 school district, board of cooperative educational services and county
50 vocational education and extension board shall verify compliance with
51 the department on an annual basis through the school district report
52 cards or board of cooperative educational services report card required
53 by this chapter.
54 (a) Such policy shall include, but not be limited to, a statement that
55 dating violence will not be tolerated, dating violence reporting proce-
S. 138--A 3
1 dures, guidelines to responding to at-school incidents of dating
2 violence and discipline procedures specific to such incidents.
3 (b) To ensure notice of the school district's, board of cooperative
4 educational services' and county vocational education and extension
5 board's dating violence policy, the policy shall be published in any
6 school district, board of cooperative educational services and county
7 vocational education and extension board policy and handbook that sets
8 forth the comprehensive rules, procedures and standards of conduct for
9 students at school.
10 4. Each school district, board of cooperative educational services and
11 county vocational education and extension board shall provide dating
12 violence training to all administrators, teachers, nurses and mental
13 health staff at the middle and high school levels. Upon the recommenda-
14 tion of the administrator, other staff may be included or may attend the
15 training on a volunteer basis. The dating violence training shall
16 include, but not be limited to, basic principles of dating violence,
17 warnings signs of dating violence and the school district's dating
18 violence policy, to ensure that they are able to appropriately respond
19 to incidents of dating violence at school. Thereafter, this training
20 shall be provided yearly to all newly hired staff deemed appropriate to
21 receive the training by the school's administration.
22 5. Each school district, board of cooperative educational services and
23 county vocational education and extension board shall inform the
24 students' parents or legal guardians of the dating violence policy. If
25 requested, the school district, board of cooperative educational
26 services or county vocational education and extension board shall
27 provide the parents or legal guardians with the school district's dating
28 violence policy and relevant information. It is strongly recommended
29 that the school district, board of cooperative educational services or
30 county vocational education and extension board provide parent awareness
31 training.
32 6. This section does not prevent a victim from seeking redress under
33 any other available law, either civil or criminal. This section does not
34 create or alter any tort liability.
35 § 5. This act shall take effect immediately.
