S T A T E O F N E W Y O R K
________________________________________________________________________
10206
I N A S S E M B L Y
March 11, 2010
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Education
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 "Jessica Tush act".
S 2. 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 CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN THROUGH TWELVE
AND WHICH SHALL BE INCORPORATED INTO VARIOUS CLASS SUBJECTS, INCLUDING
HEALTH.
(A) DATING VIOLENCE EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
DEFINING DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS AND
THE ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET AND OTHER ELECTRONIC
MEANS IN CONNECTION WITH DATING VIOLENCE 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 AND INCLUDES THREATS MADE BY
CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.
(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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15758-03-0
A. 10206 2
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 3. 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 AND INCLUDES THREATS MADE BY
CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.
(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 ELEVEN.
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 ELEVEN. EACH SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY VOCA-
TIONAL 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-
DURES, GUIDELINES TO RESPONDING TO AT-SCHOOL INCIDENTS OF DATING
VIOLENCE AND DISCIPLINE PROCEDURES SPECIFIC TO SUCH INCIDENTS. SUCH
POLICY SHALL FURTHER AUTHORIZE A STUDENT WHO IS A VICTIM OF DATING
VIOLENCE TO REQUEST THAT THE PERPETRATOR OF THE VIOLENCE BE TRANSFERRED
TO ANOTHER SCHOOL.
(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
A. 10206 3
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 ROLE OF CELL PHONES, TEXT
MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS IN CONNECTION WITH 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.
6. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD SHALL PROVIDE PARENT
AWARENESS DATING VIOLENCE TRAINING TO EDUCATE PARENTS ON SIGNS OF DATING
VIOLENCE AND WAYS TO PREVENT TEEN DATING VIOLENCE TO ALL PARENTS OF
CHILDREN AT THE MIDDLE AND HIGH SCHOOL LEVELS. THE PARENT AWARENESS
DATING VIOLENCE TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, BASIC
PRINCIPLES OF DATING VIOLENCE, WARNING SIGNS OF DATING VIOLENCE AND THE
ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS
IN CONNECTION WITH DATING VIOLENCE AND THE SCHOOL DISTRICT'S DATING
VIOLENCE POLICY, TO ENSURE THAT THEY ARE ABLE TO RECOGNIZE INCIDENTS OF
DATING VIOLENCE AND TO ADVISE PARENTS WHAT THEY CAN DO IF THEY SUSPECT
THEIR CHILD IS A VICTIM OR PERPETRATOR OF DATING VIOLENCE. PARENT AWARE-
NESS DATING VIOLENCE TRAINING SHALL BE PROVIDED YEARLY.
7. 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 4. The education law is amended by adding a new section 816 to read
as follows:
S 816. RESPECT AND SELF-ESTEEM EDUCATION. 1. (A) EACH SCHOOL DISTRICT
SHALL INCORPORATE RESPECT AND SELF-ESTEEM EDUCATION THAT IS AGE-APPRO-
PRIATE INTO THE ANNUAL CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES
KINDERGARTEN THROUGH SIX.
(B) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A RESPECT AND SELF-ESTEEM
EDUCATION PROGRAM, THE DEPARTMENT SHALL REVIEW AND APPROVE THE GRADE
LEVEL TOPICS RELATING TO RESPECT AND SELF-ESTEEM.
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 RESPECT AND SELF-ESTEEM EDUCATION PROGRAM INSTRUCTION MATERIALS AT
THE SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.