S T A T E   O F   N E W   Y O R K
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                                  2537

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  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.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01529-02-9
              

S. 2537                             2

  (B) FOR THE PROPOSES 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  OF
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 1, 2010.
  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 1, 2010. 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-
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

S. 2537                             3

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.