S04092 Summary:

Amd §§11, 13, 2801-a & 801-a, add §13-a, Ed L
Relates to teen dating violence education programs; requires school districts to create policies, procedures and guidelines to implement education programs for students in kindergarten through twelfth grade to prevent, deter and address incidents of teen dating violence; defines teen dating violence.
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S04092 Actions:

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S04092 Committee Votes:

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S04092 Floor Votes:

There are no votes for this bill in this legislative session.
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S04092 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    February 3, 2023
        Introduced  by  Sens.  LANZA, MATTERA -- 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 teen  dating  violence
          education programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 7 of  section  11  of  the  education  law,  as
     2  amended  by  chapter  102  of  the  laws  of 2012, is amended to read as
     3  follows:
     4    7. "Harassment" and "bullying" shall mean the creation  of  a  hostile
     5  environment  by  conduct or by threats, intimidation, coercion or abuse,
     6  including cyberbullying or teen dating violence, that (a) has  or  would
     7  have  the  effect  of  unreasonably and substantially interfering with a
     8  student's educational performance, opportunities or benefits, or mental,
     9  emotional or physical well-being; or  (b)  reasonably  causes  or  would
    10  reasonably  be  expected to cause a student to fear for his or her phys-
    11  ical safety; or (c) reasonably causes or would reasonably be expected to
    12  cause physical injury or emotional harm to a student; or (d) occurs  off
    13  school  property  and  creates  or  would  foreseeably  create a risk of
    14  substantial disruption within the school environment, where it is  fore-
    15  seeable  that  the  conduct,  threats, intimidation or abuse might reach
    16  school property. Acts of harassment and bullying shall include, but  not
    17  be  limited to, those acts based on a person's actual or perceived race,
    18  color, weight, national origin, ethnic group, religion, religious  prac-
    19  tice, disability, sexual orientation, gender or sex. For the purposes of
    20  this  definition the term "threats, intimidation or abuse" shall include
    21  verbal and non-verbal actions.
    22    § 2. Section 11 of the education law is amended by adding a new subdi-
    23  vision 11 to read as follows:
    24    11. "Teen dating violence"  shall  mean  emotional  abuse,  electronic
    25  abuse,  sexual  abuse  which  includes  sexual coercion, and/or physical
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4092                             2
     1  abuse by a person to harm, threaten, intimidate, control, and/or attempt
     2  to control another person in a relationship of a  romantic  or  intimate
     3  nature,  regardless  of  whether  that relationship is continuing or had
     4  concluded   or  the  number  of  interactions  between  the  individuals
     5  involved.
     6    § 3. Section 13 of the education law is amended by adding a new subdi-
     7  vision 6 to read as follows:
     8    6. Guidelines relating to the development of strategies and  responses
     9  to  teen dating violence as provided in section thirteen-a of this arti-
    10  cle.
    11    § 4. The education law is amended by adding a new section 13-a to read
    12  as follows:
    13    § 13-a. Policies, procedures and guidelines for teen  dating  violence
    14  education  programs.  1. The board of education and the trustees or sole
    15  trustee of every school district shall create policies,  procedures  and
    16  guidelines  to implement education programs for students in kindergarten
    17  through twelfth grade to prevent, deter and address  incidents  of  teen
    18  dating violence that include, but are not limited to:
    19    a.  incorporating  age-appropriate information about healthy relation-
    20  ships and teen dating violence into  the  school's  existing  curriculum
    21  that  includes:  (i) a definition of teen dating violence; (ii) recogni-
    22  tion of warning signs; (iii) characteristics of a healthy  relationship;
    23  (iv)  links  between  bullying and teen dating violence; (v) responsible
    24  use of technology; and (vi) responsible bystander skills and behaviors;
    25    b.  providing  training  programs  for  teachers,  administrators  and
    26  personnel;
    27    c.  designating  at  least  one  person as a prevention liaison who is
    28  responsible for  coordinating  all  teen  dating  violence  and  healthy
    29  relationship initiatives; and
    30    d. developing a response program to incidents of teen dating violence,
    31  which includes monitoring and reporting components.
    32    2.  The  board  of education and the trustees or sole trustee of every
    33  school district shall create such policies, procedures and guidelines in
    34  consultation with the New York state coalition against domestic violence
    35  and local community providers, and include without limitation such model
    36  provisions as are recommended by the New York  state  coalition  against
    37  domestic violence.
    38    §  5.  Paragraph j of subdivision 2 of section 2801-a of the education
    39  law, as amended by section 1 of part B of chapter  54  of  the  laws  of
    40  2016, is amended to read as follows:
    41    j.  strategies  for improving communication among students and between
    42  students and staff and reporting of potentially violent incidents,  such
    43  as  the  establishment  of  youth-run programs, peer mediation, conflict
    44  resolution, creating a  forum  or  designating  a  mentor  for  students
    45  concerned with bullying or violence, including teen dating violence, and
    46  establishing anonymous reporting mechanisms for school violence;
    47    §  6. Section 801-a of the education law, as amended by chapter 102 of
    48  the laws of 2012, is amended to read as follows:
    49    § 801-a. Instruction in civility, citizenship and character education.
    50  The regents shall ensure  that  the  course  of  instruction  in  grades
    51  kindergarten  through  twelve includes a component on civility, citizen-
    52  ship and character education. Such component shall instruct students  on
    53  the  principles  of honesty, tolerance, personal responsibility, respect
    54  for others, with an emphasis on  preventing  and  discouraging  acts  of
    55  harassment,  bullying,  including  teen dating violence, discrimination,
    56  observance of laws and rules, courtesy, dignity and other  traits  which

        S. 4092                             3
     1  will  enhance the quality of their experiences in, and contributions to,
     2  the community. Such component shall include instruction of safe, respon-
     3  sible use of the internet and  electronic  communications.  The  regents
     4  shall  determine how to incorporate such component in existing curricula
     5  and the commissioner shall promulgate any regulations  needed  to  carry
     6  out such determination of the regents. For the purposes of this section,
     7  "tolerance,"  "respect for others" and "dignity" shall include awareness
     8  and sensitivity to harassment, bullying, including teen dating violence,
     9  discrimination and civility in the  relations  of  people  of  different
    10  races,  weights,  national  origins, ethnic groups, religions, religious
    11  practices, mental or physical abilities, sexual  orientations,  genders,
    12  and sexes.
    13    § 7. This act shall take effect on the one hundred twentieth day after
    14  it  shall have become a law.  Effective immediately the addition, amend-
    15  ment and/or repeal of any rule or regulation necessary for the implemen-
    16  tation of this act on its effective date are authorized to be  made  and
    17  completed on or before such date.
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