S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2388
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee 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."
   §  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.
   §  3. The education law is amended by adding a new section 817 to read
 as follows:
   § 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
 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.
              

                                                            LBD00322-01-9

 A. 2388                             2
 
   (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.
   § 4. The education law is amended by adding a new section 2803 to read
 as follows:
   § 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 TWENTY-TWO.
   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  TWENTY-TWO.    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

 A. 2388                             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  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.
   § 5. This act shall take effect immediately.