senate Bill S138A

Requires dating violence education and dating violence policies in school districts, board of cooperative educational services and county vocational education and extension boards

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 13 / Jan / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 13 / Jan / 2012
    • PRINT NUMBER 138A

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2404A
Versions:
S138
S138A
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยงยง815 & 2803, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S2537, A819

Sponsor Memo

BILL NUMBER:S138A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To require that school systems in the state provide dating violence
education in their health curriculum in order to avoid tragedies such
as the murder of Kari Ann Gonnan of Wilson central High School in
Wilson, New York after which this act is named.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 titles this act the "Kari Ann Gonnan" Act.
Section 2 outlines the legislative findings and legislative intent.
Section 3 amends the education law by adding a new section numbered 815.
Section 4 amends the education law by adding a new section numbered
2803.
Section 5 contains the effective date.

JUSTIFICATION:
Teenagers often experience violence in dating relationships.
statistics show that one in three teenagers has experienced violence
in a dating relationship. In dating violence, one partner tries to
maintain power and control over the other through abuse. Dating
violence crosses all racial, economic and social lines. Most victims
are young women, who are also at greater risk for serious injury.
Teenagers can choose better relationships when they learn to identify
the early warning signs of an abusive relationship, understand that
they have choices, and believe they are valuable people who deserve
to be treated with respect. Rhode Island enacted legislation in 2007
which mandates the state school system provide dating violence
education in their health curriculum.

PRIOR LEGISLATIVE HISTORY:
S.2537/A.819 of 2009-2010; Referred to Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 138--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Kari Ann Gorman act."
  S  2.  Legislative findings and intent.  The legislature finds, deter-
mines and declares that when a student is a victim of  dating  violence,
his  or  her  academic  life  suffers and his or her safety at school is
jeopardized. The legislature finds that a policy to create  an  environ-
ment free of dating violence shall be a part of each school district. It
is the intent of the legislature to enact legislation that would require
each  school  district to establish a policy for responding to incidents
of dating violence and to provide dating violence education to students,
parents, staff, faculty and administrators, in order to  prevent  dating
violence and to address incidents involving dating violence.
  S  3. The education law is amended by adding a new section 815 to read
as follows:
  S 815. DATING VIOLENCE EDUCATION.    1.  EACH  SCHOOL  DISTRICT  SHALL
INCORPORATE  DATING  VIOLENCE EDUCATION THAT IS AGE-APPROPRIATE INTO THE
ANNUAL HEALTH CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN  THROUGH
TWELVE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01599-03-1

S. 138--A                           2

  (A)  DATING  VIOLENCE  EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
DEFINING DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS  AND
CHARACTERISTICS  OF  HEALTHY RELATIONSHIPS. ADDITIONALLY, STUDENTS SHALL
BE PROVIDED  WITH  THE  SCHOOL  DISTRICT'S  DATING  VIOLENCE  POLICY  AS
PROVIDED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
  (B) FOR THE PURPOSES OF THIS SECTION:
  (I)  "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.
  (II) "DATING PARTNER" MEANS ANY PERSON INVOLVED IN AN INTIMATE ASSOCI-
ATION WITH ANOTHER PRIMARILY CHARACTERIZED BY THE EXPECTATION OF  AFFEC-
TIONATE INVOLVEMENT WHETHER CASUAL, SERIOUS OR LONG-TERM.
  (III)  "AT SCHOOL" MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
SUCH SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER  SCHOOL-RELATED  VEHICLE,
AT  AN  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR
EVENT WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
  (C) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A DATING VIOLENCE  EDUCA-
TION  PROGRAM,  THE  DEPARTMENT SHALL REVIEW AND APPROVE THE GRADE LEVEL
TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS.
  2. UPON WRITTEN REQUEST TO THE SCHOOL PRINCIPAL,  A  PARENT  OR  LEGAL
GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
PERIOD  OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO EXAMINE
THE DATING VIOLENCE  EDUCATION  PROGRAM  INSTRUCTION  MATERIALS  AT  THE
SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
  S 4. The education law is amended by adding a new section 2803 to read
as follows:
  S 2803. DATING VIOLENCE POLICY.  1. AS USED IN THIS SECTION:
  (A)  "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.
  (B) "DATING PARTNER" MEANS ANY PERSON, REGARDLESS OF GENDER,  INVOLVED
IN  AN INTIMATE RELATIONSHIP WITH ANOTHER PRIMARILY CHARACTERIZED BY THE
EXPECTATION OF  AFFECTIONATE  INVOLVEMENT  WHETHER  CASUAL,  SERIOUS  OR
LONG-TERM.
  (C)  "AT  SCHOOL"  MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, AT  AN
OFFICIAL  SCHOOL  BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR EVENT
WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
  2. THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR  THE  PREVENTION
OF  DOMESTIC  VIOLENCE,  SHALL DEVELOP A MODEL DATING VIOLENCE POLICY TO
ASSIST SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES  AND
COUNTY  VOCATIONAL EDUCATION AND EXTENSION BOARDS IN DEVELOPING POLICIES
FOR DATING VIOLENCE REPORTING AND RESPONSE. THE MODEL  POLICY  SHALL  BE
ISSUED ON OR BEFORE APRIL FIRST, TWO THOUSAND THIRTEEN.
  3. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  ESTABLISH A
SPECIFIC POLICY  TO  ADDRESS  INCIDENTS  OF  DATING  VIOLENCE  INVOLVING
STUDENTS  AT  SCHOOL  BY  DECEMBER  FIRST, TWO THOUSAND THIRTEEN.   EACH
SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL VERIFY COMPLIANCE WITH
THE DEPARTMENT ON AN ANNUAL BASIS THROUGH  THE  SCHOOL  DISTRICT  REPORT
CARDS  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES REPORT CARD REQUIRED
BY THIS CHAPTER.
  (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
DATING VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING  PROCE-

S. 138--A                           3

DURES,  GUIDELINES  TO  RESPONDING  TO  AT-SCHOOL  INCIDENTS  OF  DATING
VIOLENCE AND DISCIPLINE PROCEDURES SPECIFIC TO SUCH INCIDENTS.
  (B)  TO  ENSURE  NOTICE OF THE SCHOOL DISTRICT'S, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES' AND  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
BOARD'S  DATING  VIOLENCE  POLICY,  THE POLICY SHALL BE PUBLISHED IN ANY
SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY
VOCATIONAL  EDUCATION  AND EXTENSION BOARD POLICY AND HANDBOOK THAT SETS
FORTH THE COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF  CONDUCT  FOR
STUDENTS AT SCHOOL.
  4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE DATING
VIOLENCE TRAINING TO ALL ADMINISTRATORS,  TEACHERS,  NURSES  AND  MENTAL
HEALTH  STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE RECOMMENDA-
TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
TRAINING ON A  VOLUNTEER  BASIS.  THE  DATING  VIOLENCE  TRAINING  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED TO, BASIC PRINCIPLES OF DATING VIOLENCE,
WARNINGS SIGNS OF DATING  VIOLENCE  AND  THE  SCHOOL  DISTRICT'S  DATING
VIOLENCE  POLICY,  TO ENSURE THAT THEY ARE ABLE TO APPROPRIATELY RESPOND
TO INCIDENTS OF DATING VIOLENCE AT  SCHOOL.  THEREAFTER,  THIS  TRAINING
SHALL  BE PROVIDED YEARLY TO ALL NEWLY HIRED STAFF DEEMED APPROPRIATE TO
RECEIVE THE TRAINING BY THE SCHOOL'S ADMINISTRATION.
  5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  INFORM  THE
STUDENTS'  PARENTS  OR LEGAL GUARDIANS OF THE DATING VIOLENCE POLICY. IF
REQUESTED,  THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
SERVICES  OR  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD SHALL
PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
VIOLENCE POLICY AND RELEVANT INFORMATION.  IT  IS  STRONGLY  RECOMMENDED
THAT  THE  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD PROVIDE PARENT AWARENESS
TRAINING.
  6. THIS SECTION DOES NOT PREVENT A VICTIM FROM SEEKING  REDRESS  UNDER
ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
CREATE OR ALTER ANY TORT LIABILITY.
  S 5. This act shall take effect immediately.

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