Bill Text: NY A04596 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires dating violence education and dating violence policies in school districts, board of cooperative educational services and county vocational education and extension boards; "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, and other electronic means; requires the department, in conjunction with, to assist schools in developing a policy for dating violence incidents; 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.

Spectrum: Slight Partisan Bill (Democrat 23-9)

Status: (Introduced - Dead) 2012-01-04 - referred to education [A04596 Detail]

Download: New_York-2011-A04596-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4596
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  CUSICK,  TITONE,  CASTRO, WRIGHT, GABRYSZAK,
         N. RIVERA, P. RIVERA, SIMOTAS -- Multi-Sponsored by -- M. of A. McENE-
         NY, PERRY, PHEFFER, TOBACCO, WEISENBERG -- read once and  referred  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:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "Jessica Tush act".
    3    S 2.  The education law is amended by adding a new section 815 to read
    4  as follows:
    5    S 815. DATING VIOLENCE EDUCATION.    1.  EACH  SCHOOL  DISTRICT  SHALL
    6  INCORPORATE  DATING  VIOLENCE EDUCATION THAT IS AGE-APPROPRIATE INTO THE
    7  ANNUAL CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES SEVEN THROUGH  TWELVE
    8  AND  WHICH  SHALL BE INCORPORATED INTO VARIOUS CLASS SUBJECTS, INCLUDING
    9  HEALTH.
   10    (A) DATING VIOLENCE EDUCATION SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
   11  DEFINING  DATING VIOLENCE, RECOGNIZING DATING VIOLENCE WARNING SIGNS AND
   12  THE ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET  AND  OTHER  ELECTRONIC
   13  MEANS  IN CONNECTION WITH DATING VIOLENCE AND CHARACTERISTICS OF HEALTHY
   14  RELATIONSHIPS. ADDITIONALLY, STUDENTS SHALL BE PROVIDED WITH THE  SCHOOL
   15  DISTRICT'S  DATING  VIOLENCE  POLICY AS PROVIDED IN SECTION TWENTY-EIGHT
   16  HUNDRED THREE OF THIS CHAPTER.
   17    (B) FOR THE PURPOSES OF THIS SECTION:
   18    (I) "DATING VIOLENCE" MEANS A PATTERN OF  BEHAVIOR  WHERE  ONE  PERSON
   19  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
   20  ABUSE  TO CONTROL HIS OR HER DATING PARTNER AND INCLUDES THREATS MADE BY
   21  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.
                                                                  LBD00574-01-1
       A. 4596                             2
    1    (II) "DATING PARTNER" MEANS ANY PERSON INVOLVED IN AN INTIMATE ASSOCI-
    2  ATION WITH ANOTHER PRIMARILY CHARACTERIZED BY THE EXPECTATION OF  AFFEC-
    3  TIONATE INVOLVEMENT WHETHER CASUAL, SERIOUS OR LONG-TERM.
    4    (III)  "AT SCHOOL" MEANS IN A CLASSROOM, ON OR IMMEDIATELY ADJACENT TO
    5  SUCH SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER  SCHOOL-RELATED  VEHICLE,
    6  AT  AN  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY OR
    7  EVENT WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
    8    (C) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A DATING VIOLENCE  EDUCA-
    9  TION  PROGRAM,  THE  DEPARTMENT SHALL REVIEW AND APPROVE THE GRADE LEVEL
   10  TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS.
   11    2. UPON WRITTEN REQUEST TO THE SCHOOL PRINCIPAL,  A  PARENT  OR  LEGAL
   12  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
   13  PERIOD  OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO EXAMINE
   14  THE DATING VIOLENCE  EDUCATION  PROGRAM  INSTRUCTION  MATERIALS  AT  THE
   15  SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
   16    S 3. The education law is amended by adding a new section 2803 to read
   17  as follows:
   18    S 2803. DATING VIOLENCE POLICY.  1. AS USED IN THIS SECTION:
   19    (A)  "DATING  VIOLENCE"  MEANS  A PATTERN OF BEHAVIOR WHERE ONE PERSON
   20  USES THREATS OF, OR ACTUALLY USES, PHYSICAL, SEXUAL, VERBAL OR EMOTIONAL
   21  ABUSE TO CONTROL HIS OR HER DATING PARTNER AND INCLUDES THREATS MADE  BY
   22  CELL PHONE, TEXT MESSAGE, INTERNET OR OTHER ELECTRONIC MEANS.
   23    (B)  "DATING PARTNER" MEANS ANY PERSON, REGARDLESS OF GENDER, INVOLVED
   24  IN AN INTIMATE RELATIONSHIP WITH ANOTHER PRIMARILY CHARACTERIZED BY  THE
   25  EXPECTATION  OF  AFFECTIONATE  INVOLVEMENT  WHETHER  CASUAL,  SERIOUS OR
   26  LONG-TERM.
   27    (C) "AT SCHOOL" MEANS IN A CLASSROOM, ON OR  IMMEDIATELY  ADJACENT  TO
   28  SCHOOL  PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, AT AN
   29  OFFICIAL SCHOOL BUS STOP, OR AT ANY SCHOOL-SPONSORED ACTIVITY  OR  EVENT
   30  WHETHER OR NOT IT IS ON SCHOOL GROUNDS.
   31    2.  THE  DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR THE PREVENTION
   32  OF DOMESTIC VIOLENCE, SHALL DEVELOP A MODEL DATING  VIOLENCE  POLICY  TO
   33  ASSIST  SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND
   34  COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS IN DEVELOPING  POLICIES
   35  FOR  DATING  VIOLENCE  REPORTING AND RESPONSE. THE MODEL POLICY SHALL BE
   36  ISSUED ON OR BEFORE APRIL FIRST, TWO THOUSAND TWELVE.
   37    3. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   38  COUNTY VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  ESTABLISH  A
   39  SPECIFIC  POLICY  TO  ADDRESS  INCIDENTS  OF  DATING  VIOLENCE INVOLVING
   40  STUDENTS AT SCHOOL BY DECEMBER FIRST, TWO THOUSAND TWELVE.  EACH  SCHOOL
   41  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES AND COUNTY VOCA-
   42  TIONAL EDUCATION AND EXTENSION BOARD SHALL VERIFY  COMPLIANCE  WITH  THE
   43  DEPARTMENT  ON  AN ANNUAL BASIS THROUGH THE SCHOOL DISTRICT REPORT CARDS
   44  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  REPORT  CARD  REQUIRED  BY
   45  THIS CHAPTER.
   46    (A) SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT
   47  DATING  VIOLENCE WILL NOT BE TOLERATED, DATING VIOLENCE REPORTING PROCE-
   48  DURES,  GUIDELINES  TO  RESPONDING  TO  AT-SCHOOL  INCIDENTS  OF  DATING
   49  VIOLENCE  AND  DISCIPLINE  PROCEDURES  SPECIFIC TO SUCH INCIDENTS.  SUCH
   50  POLICY SHALL FURTHER AUTHORIZE A STUDENT  WHO  IS  A  VICTIM  OF  DATING
   51  VIOLENCE  TO REQUEST THAT THE PERPETRATOR OF THE VIOLENCE BE TRANSFERRED
   52  TO ANOTHER SCHOOL.
   53    (B) TO ENSURE NOTICE OF THE SCHOOL DISTRICT'S,  BOARD  OF  COOPERATIVE
   54  EDUCATIONAL  SERVICES'  AND  COUNTY  VOCATIONAL  EDUCATION AND EXTENSION
   55  BOARD'S DATING VIOLENCE POLICY, THE POLICY SHALL  BE  PUBLISHED  IN  ANY
   56  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY
       A. 4596                             3
    1  VOCATIONAL EDUCATION AND EXTENSION BOARD POLICY AND HANDBOOK  THAT  SETS
    2  FORTH  THE  COMPREHENSIVE RULES, PROCEDURES AND STANDARDS OF CONDUCT FOR
    3  STUDENTS AT SCHOOL.
    4    4. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
    5  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE DATING
    6  VIOLENCE TRAINING TO ALL ADMINISTRATORS,  TEACHERS,  NURSES  AND  MENTAL
    7  HEALTH  STAFF AT THE MIDDLE AND HIGH SCHOOL LEVELS. UPON THE RECOMMENDA-
    8  TION OF THE ADMINISTRATOR, OTHER STAFF MAY BE INCLUDED OR MAY ATTEND THE
    9  TRAINING ON A  VOLUNTEER  BASIS.  THE  DATING  VIOLENCE  TRAINING  SHALL
   10  INCLUDE,  BUT  NOT  BE  LIMITED TO, BASIC PRINCIPLES OF DATING VIOLENCE,
   11  WARNING SIGNS OF DATING VIOLENCE AND  THE  ROLE  OF  CELL  PHONES,  TEXT
   12  MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS IN CONNECTION WITH DATING
   13  VIOLENCE  AND  THE  SCHOOL  DISTRICT'S DATING VIOLENCE POLICY, TO ENSURE
   14  THAT THEY ARE ABLE TO  APPROPRIATELY  RESPOND  TO  INCIDENTS  OF  DATING
   15  VIOLENCE  AT  SCHOOL. THEREAFTER, THIS TRAINING SHALL BE PROVIDED YEARLY
   16  TO ALL NEWLY HIRED STAFF DEEMED APPROPRIATE TO RECEIVE THE  TRAINING  BY
   17  THE SCHOOL'S ADMINISTRATION.
   18    5. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   19  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL  INFORM  THE
   20  STUDENTS' PARENTS OR LEGAL GUARDIANS OF THE DATING VIOLENCE  POLICY.  IF
   21  REQUESTED,   THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
   22  SERVICES OR  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD  SHALL
   23  PROVIDE THE PARENTS OR LEGAL GUARDIANS WITH THE SCHOOL DISTRICT'S DATING
   24  VIOLENCE POLICY AND RELEVANT INFORMATION.
   25    6. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   26  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION BOARD SHALL PROVIDE PARENT
   27  AWARENESS DATING VIOLENCE TRAINING TO EDUCATE PARENTS ON SIGNS OF DATING
   28  VIOLENCE AND WAYS TO PREVENT TEEN DATING  VIOLENCE  TO  ALL  PARENTS  OF
   29  CHILDREN  AT  THE  MIDDLE  AND  HIGH SCHOOL LEVELS. THE PARENT AWARENESS
   30  DATING VIOLENCE TRAINING SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  BASIC
   31  PRINCIPLES  OF DATING VIOLENCE, WARNING SIGNS OF DATING VIOLENCE AND THE
   32  ROLE OF CELL PHONES, TEXT MESSAGES, INTERNET, AND OTHER ELECTRONIC MEANS
   33  IN CONNECTION WITH DATING VIOLENCE  AND  THE  SCHOOL  DISTRICT'S  DATING
   34  VIOLENCE  POLICY, TO ENSURE THAT THEY ARE ABLE TO RECOGNIZE INCIDENTS OF
   35  DATING VIOLENCE AND TO ADVISE PARENTS WHAT THEY CAN DO IF  THEY  SUSPECT
   36  THEIR CHILD IS A VICTIM OR PERPETRATOR OF DATING VIOLENCE. PARENT AWARE-
   37  NESS DATING VIOLENCE TRAINING SHALL BE PROVIDED YEARLY.
   38    7.  THIS  SECTION DOES NOT PREVENT A VICTIM FROM SEEKING REDRESS UNDER
   39  ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT
   40  CREATE OR ALTER ANY TORT LIABILITY.
   41    S 4. The education law is amended by adding a new section 816 to  read
   42  as follows:
   43    S  816. RESPECT AND SELF-ESTEEM EDUCATION. 1. (A) EACH SCHOOL DISTRICT
   44  SHALL INCORPORATE RESPECT AND SELF-ESTEEM EDUCATION THAT  IS  AGE-APPRO-
   45  PRIATE  INTO  THE  ANNUAL  CURRICULUM  FRAMEWORK  FOR STUDENTS IN GRADES
   46  KINDERGARTEN THROUGH SIX.
   47    (B) TO ASSIST SCHOOL DISTRICTS IN DEVELOPING A RESPECT AND SELF-ESTEEM
   48  EDUCATION PROGRAM, THE DEPARTMENT SHALL REVIEW  AND  APPROVE  THE  GRADE
   49  LEVEL TOPICS RELATING TO RESPECT AND SELF-ESTEEM.
   50    2.  UPON  WRITTEN  REQUEST  TO THE SCHOOL PRINCIPAL, A PARENT OR LEGAL
   51  GUARDIAN OF A PUPIL LESS THAN EIGHTEEN YEARS OF AGE, WITHIN A REASONABLE
   52  PERIOD OF TIME AFTER THE REQUEST IS MADE, SHALL BE PERMITTED TO  EXAMINE
   53  THE  RESPECT  AND SELF-ESTEEM EDUCATION PROGRAM INSTRUCTION MATERIALS AT
   54  THE SCHOOL IN WHICH HIS OR HER CHILD IS ENROLLED.
   55    S 5. This act shall take effect on the one hundred twentieth day after
   56  it shall have become a law.