S T A T E O F N E W Y O R K
________________________________________________________________________
2625
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
___________
Introduced by M. of A. PAULIN, SIMON, SANTABARBARA, GOTTFRIED, BRONSON
-- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to teen dating violence
education programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 11 of the education law, as
amended by chapter 102 of the laws of 2012, is amended to read as
follows:
7. "Harassment" and "bullying" shall mean the creation of a hostile
environment by conduct or by threats, intimidation, COERCION or abuse,
including cyberbullying OR TEEN DATING VIOLENCE, that (a) has or would
have the effect of unreasonably and substantially interfering with a
student's educational performance, opportunities or benefits, or mental,
emotional or physical well-being; or (b) reasonably causes or would
reasonably be expected to cause a student to fear for his or her phys-
ical safety; or (c) reasonably causes or would reasonably be expected to
cause physical injury or emotional harm to a student; or (d) occurs off
school property and creates or would foreseeably create a risk of
substantial disruption within the school environment, where it is fore-
seeable that the conduct, threats, intimidation or abuse might reach
school property. Acts of harassment and bullying shall include, but not
be limited to, those acts based on a person's actual or perceived race,
color, weight, national origin, ethnic group, religion, religious prac-
tice, disability, sexual orientation, gender or sex. For the purposes of
this definition the term "threats, intimidation or abuse" shall include
verbal and non-verbal actions.
§ 2. Section 11 of the education law is amended by adding a new subdi-
vision 9 to read as follows:
9. "TEEN DATING VIOLENCE" SHALL MEAN EMOTIONAL ABUSE, ELECTRONIC
ABUSE, SEXUAL ABUSE WHICH INCLUDES SEXUAL COERCION, AND/OR PHYSICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06443-01-7
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ABUSE BY A PERSON TO HARM, THREATEN, INTIMIDATE, CONTROL, AND/OR ATTEMPT
TO CONTROL ANOTHER PERSON IN A RELATIONSHIP OF A ROMANTIC OR INTIMATE
NATURE, REGARDLESS OF WHETHER THAT RELATIONSHIP IS CONTINUING OR HAD
CONCLUDED OR THE NUMBER OF INTERACTIONS BETWEEN THE INDIVIDUALS
INVOLVED.
§ 3. Section 13 of the education law is amended by adding a new subdi-
vision 6 to read as follows:
6. GUIDELINES RELATING TO THE DEVELOPMENT OF STRATEGIES AND RESPONSES
TO TEEN DATING VIOLENCE AS PROVIDED IN SECTION THIRTEEN-A OF THIS ARTI-
CLE.
§ 4. The education law is amended by adding a new section 13-a to read
as follows:
§ 13-A. POLICIES, PROCEDURES AND GUIDELINES FOR TEEN DATING VIOLENCE
EDUCATION PROGRAMS. 1. THE BOARD OF EDUCATION AND THE TRUSTEES OR SOLE
TRUSTEE OF EVERY SCHOOL DISTRICT SHALL CREATE POLICIES, PROCEDURES AND
GUIDELINES TO IMPLEMENT EDUCATION PROGRAMS FOR STUDENTS IN KINDERGARTEN
THROUGH TWELFTH GRADE TO PREVENT, DETER AND ADDRESS INCIDENTS OF TEEN
DATING VIOLENCE THAT INCLUDE, BUT ARE NOT LIMITED TO:
A. INCORPORATING AGE-APPROPRIATE INFORMATION ABOUT HEALTHY RELATION-
SHIPS AND TEEN DATING VIOLENCE INTO THE SCHOOL'S EXISTING CURRICULUM
THAT INCLUDES: (I) A DEFINITION OF TEEN DATING VIOLENCE; (II) RECOGNI-
TION OF WARNING SIGNS; (III) CHARACTERISTICS OF A HEALTHY RELATIONSHIP;
(IV) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE; (V) RESPONSIBLE
USE OF TECHNOLOGY; AND (VI) RESPONSIBLE BYSTANDER SKILLS AND BEHAVIORS;
B. PROVIDING TRAINING PROGRAMS FOR TEACHERS, ADMINISTRATORS AND
PERSONNEL;
C. DESIGNATING AT LEAST ONE PERSON AS A PREVENTION LIAISON WHO IS
RESPONSIBLE FOR COORDINATING ALL TEEN DATING VIOLENCE AND HEALTHY
RELATIONSHIP INITIATIVES; AND
D. DEVELOPING A RESPONSE PROGRAM TO INCIDENTS OF TEEN DATING VIOLENCE,
WHICH INCLUDES MONITORING AND REPORTING COMPONENTS.
2. THE BOARD OF EDUCATION AND THE TRUSTEES OR SOLE TRUSTEE OF EVERY
SCHOOL DISTRICT SHALL CREATE SUCH POLICIES, PROCEDURES AND GUIDELINES IN
CONSULTATION WITH THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE
AND LOCAL COMMUNITY PROVIDERS, AND INCLUDE WITHOUT LIMITATION SUCH MODEL
PROVISIONS AS ARE RECOMMENDED BY THE NEW YORK STATE COALITION AGAINST
DOMESTIC VIOLENCE.
§ 5. Paragraph j of subdivision 2 of section 2801-a of the education
law, as amended by section 1 of part B of chapter 54 of the laws of
2016, is amended to read as follows:
j. strategies for improving communication among students and between
students and staff and reporting of potentially violent incidents, such
as the establishment of youth-run programs, peer mediation, conflict
resolution, creating a forum or designating a mentor for students
concerned with bullying or violence, INCLUDING TEEN DATING VIOLENCE, and
establishing anonymous reporting mechanisms for school violence;
§ 6. Section 801-a of the education law, as amended by chapter 102 of
the laws of 2012, is amended to read as follows:
§ 801-a. Instruction in civility, citizenship and character education.
The regents shall ensure that the course of instruction in grades
kindergarten through twelve includes a component on civility, citizen-
ship and character education. Such component shall instruct students on
the principles of honesty, tolerance, personal responsibility, respect
for others, with an emphasis on PREVENTING AND discouraging acts of
harassment, bullying, INCLUDING TEEN DATING VIOLENCE, discrimination,
observance of laws and rules, courtesy, dignity and other traits which
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will enhance the quality of their experiences in, and contributions to,
the community. Such component shall include instruction of safe, respon-
sible use of the internet and electronic communications. The regents
shall determine how to incorporate such component in existing curricula
and the commissioner shall promulgate any regulations needed to carry
out such determination of the regents. For the purposes of this section,
"tolerance," "respect for others" and "dignity" shall include awareness
and sensitivity to harassment, bullying, INCLUDING TEEN DATING VIOLENCE,
discrimination and civility in the relations of people of different
races, weights, national origins, ethnic groups, religions, religious
practices, mental or physical abilities, sexual orientations, genders,
and sexes.
§ 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of education
is authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective date
on or before such date.