S T A T E O F N E W Y O R K
________________________________________________________________________
3909--A
2015-2016 Regular Sessions
I N S E N A T E
February 20, 2015
___________
Introduced by Sen. MARCHIONE -- 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 817 to read
as follows:
S 817. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08863-02-6
S. 3909--A 2
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 EIGHTEEN.
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 EIGHTEEN. 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.
S. 3909--A 3
(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,
WARNING 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.