senate Bill S4860

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Apr 26, 2013 referred to education

S4860 - Bill Details

See Assembly Version of this Bill:
A518
Current Committee:
Law Section:
Education Law
Laws Affected:
Add ยงยง816, 2803 & 817, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S708, A4596
2009-2010: S7131, A10206

S4860 - Bill Texts

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Requires dating violence education and dating violence policies in school districts, board of cooperative educational services and county vocational education and extension boards; defines "dating violence" as 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, and other electronic means; requires the department, in conjunction with, to assist schools in developing a policy for dating violence incidents; provides for education to be taught to students regarding dating violence in the annual health curriculum framework for students in grades 7 through 12, and requires respect and self-esteem education be incorporated into the curriculum for students in grades k-6.

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BILL NUMBER:S4860

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:

The purpose of this bill is to require dating violence education and
dating violence policies in school districts, boards of cooperative
educational services and county vocational education.

SUMMARY OF SPECIFIC PROVISIONS:

This act shall be know and may be cited as the "Jessica Tush Act."

Section 816 is added to the education law, Dating Violence Education.

Section 2803 is added to the education law, Dating Violence Policy.

Section 817 is added to the education law, Respect and Self-esteem
Education.

JUSTIFICATION:

This bill would add age appropriate dating violence and self-esteem
education in the annual school curriculum for students in grades seven
through twelve. Respect and self-esteem education that is age appropri-
ate would be added to the annual curriculum for students in grades
kindergarten through six. Raising issues of self-esteem and self-respect
before children start dating will pave the path for healthier and safer
relationships in the teen years.

In addition, parent awareness dating violence training would be provided
yearly. Statistics show that one in three female teenagers have feared
for their physical safety in a dating relationship. Newer technologies,
such as texting and social media sites allow oppressive and emotionally
abusive relationships to go unnoticed furthering the need of educating
adults so that they are aware of early warning signs. This legislation
shall be known as the "Jessica Tush Act," PRIOR

LEGISLATIVE HISTORY:

2012- died in Education Committees in both Houses.
2011- died in Education Committees in both Houses.
2010- died in Education Committees in both Houses.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the on the one hundred twentieth day after
it shall have become law.

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

                                  4860

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 "Jessica Tush act".
  S 2.  The education law is amended by adding a new section 816 to read
as follows:
  S 816. DATING VIOLENCE EDUCATION. 1. EACH SCHOOL DISTRICT SHALL INCOR-
PORATE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00831-01-3

S. 4860                             2

  (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 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 FOURTEEN.
  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 FOURTEEN. 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

S. 4860                             3

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,
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  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 817 to  read
as follows:
  S  817. 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.

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