S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4092
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sens.  LANZA, MATTERA -- 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 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 11 to read as follows:
   11. "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.
                                                            LBD08459-01-3
              

 S. 4092                             2
 
 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
 S. 4092                             3
 
 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.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.