Text: SF85
Text: SF87
Complete Bill History
Senate File 86
SENATE FILE
BY DANDEKAR
A BILL FOR
1 An Act relating to the establishment of school district
2 policies to prevent and address incidents of dating
3 violence, and providing effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1988XS (2) 84
kh/nh
PAG LIN
1 1 Section 1. Section 256.9, Code 2011, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 62. a. Develop and distribute, by July 1,
1 4 2012, to all school districts a model dating violence policy
1 5 to assist school districts in developing policies for dating
1 6 violence reporting, response, and appropriate disciplinary
1 7 procedures.
1 8 b. Review and approve the grade level topics relating
1 9 to dating violence and healthy relationships in the health
1 10 curriculum required pursuant to section 256.11, subsection 4,
1 11 and the health education curriculum standards required pursuant
1 12 to section 256.11, subsection 5, paragraph "j".
1 13 Sec. 2. Section 256.11, subsection 4, Code 2011, is amended
1 14 to read as follows:
1 15 4. The following shall be taught in grades seven and
1 16 eight: English=language arts; social studies; mathematics;
1 17 science; health; age=appropriate and research=based human
1 18 growth and development; family, consumer, career, and
1 19 technology education; physical education; music; and visual
1 20 art. The health curriculum shall incorporate age=appropriate
1 21 dating violence education as specified in section 279.68,
1 22 subsection 6, and shall also include age=appropriate and
1 23 research=based information regarding the characteristics
1 24 of sexually transmitted diseases, including HPV and the
1 25 availability of a vaccine to prevent HPV, and acquired immune
1 26 deficiency syndrome. The state board as part of accreditation
1 27 standards shall adopt curriculum definitions for implementing
1 28 the program in grades seven and eight. However, this
1 29 subsection shall not apply to the teaching of family, consumer,
1 30 career, and technology education in nonpublic schools. For
1 31 purposes of this section, "age=appropriate", "HPV", and
1 32 "research=based" mean the same as defined in section 279.50.
1 33 Sec. 3. Section 256.11, subsection 5, paragraph j,
1 34 subparagraph (1), Code 2011, is amended to read as follows:
1 35 (1) One unit of health education which shall include
2 1 personal health; food and nutrition; environmental health;
2 2 safety and survival skills; consumer health; family life;
2 3 age=appropriate dating violence education as specified
2 4 in section 279.68, subsection 6; age=appropriate and
2 5 research=based human growth and development; substance abuse
2 6 and nonuse; emotional and social health; health resources; and
2 7 prevention and control of disease, including age=appropriate
2 8 and research=based information regarding sexually transmitted
2 9 diseases, including HPV and the availability of a vaccine to
2 10 prevent HPV, and acquired immune deficiency syndrome.
2 11 Sec. 4. NEW SECTION. 279.68 Dating violence prevention and
2 12 education policy.
2 13 1. Legislative findings. The general assembly finds that
2 14 when a student is a victim of dating violence, the student's
2 15 academic life suffers and the student's safety at school
2 16 is jeopardized. The general assembly declares that all
2 17 students have a right to work and study in a safe, supportive
2 18 environment that is free from harassment, intimidation, and
2 19 violence. It is the intent of the general assembly that the
2 20 board of directors of each school district shall establish a
2 21 policy to create an environment free of dating violence and for
2 22 responding to incidents of dating violence, and shall provide
2 23 dating violence education to students, parents, staff, faculty,
2 24 and administrators in order to prevent dating violence and to
2 25 address incidents involving student dating violence.
2 26 2. Definitions. As used in this section, unless the context
2 27 otherwise requires:
2 28 a. "At school" means in a classroom on or immediately
2 29 adjacent to school premises; on a school bus or other
2 30 school=related vehicle; at an official school bus stop; or at
2 31 any school=sponsored activity or event whether or not it takes
2 32 place on school grounds.
2 33 b. "Dating partner" means any person, regardless of gender,
2 34 involved in an intimate relationship with another primarily
2 35 characterized by the expectation of affectionate involvement
3 1 whether casual, serious, or long=term.
3 2 c. "Dating violence" means a pattern of behavior pursuant
3 3 to which a person uses threats of, or actually uses, physical,
3 4 sexual, verbal, or emotional abuse to control the person's
3 5 dating partner.
3 6 3. Policy. By December 1, 2012, the board of directors
3 7 of each school district shall establish a specific policy to
3 8 address incidents of dating violence involving students at
3 9 school. Each school district shall verify compliance with this
3 10 section with the department of education on an annual basis
3 11 through the comprehensive school improvement plan submitted
3 12 pursuant to section 256.7, subsection 21.
3 13 a. The policy shall include but not be limited to a
3 14 statement that dating violence will not be tolerated, dating
3 15 violence reporting procedures, guidelines for responding
3 16 to at=school incidents of dating violence, and discipline
3 17 procedures specific to such incidents.
3 18 b. To ensure notice of the school district's dating violence
3 19 policy, the policy shall be published in any school district
3 20 policy or handbook that sets forth the comprehensive rules,
3 21 procedures, and standards of conduct for students at school.
3 22 4. Training. The board of directors of each school
3 23 district shall provide for dating violence training for all
3 24 administrators, teachers, nurses, and mental health staff at
3 25 the middle and high school levels by December 1, 2012, and
3 26 yearly thereafter to all newly hired administrators, teachers,
3 27 nurses, and mental health staff. Upon the recommendation of an
3 28 administrator, other staff may be included or may attend the
3 29 training on a volunteer basis. The dating violence training
3 30 shall include but not be limited to basic principles of
3 31 dating violence, the warning signs of dating violence, and the
3 32 school district's dating violence policy, to ensure that those
3 33 receiving the training are able to appropriately respond to
3 34 incidents of dating violence at school.
3 35 5. Notification of policy. The board of directors of each
4 1 school district shall inform the students' parents or legal
4 2 guardians of the school district's dating violence policy. If
4 3 requested, the school district shall provide the parents or
4 4 legal guardians with the school district's dating violence
4 5 policy and relevant information. The board of directors of
4 6 each school district is strongly encouraged to provide parent
4 7 awareness training.
4 8 6. Health curriculum and standards. The board of directors
4 9 of each school district shall incorporate dating violence
4 10 education that is age=appropriate into the health curriculum
4 11 and curriculum standards for students in grades seven
4 12 through twelve which are required pursuant to section 256.11,
4 13 subsection 4, and section 256.11, subsection 5, paragraph "j".
4 14 a. Dating violence education shall include but not
4 15 be limited to information on the definition of dating
4 16 violence, recognizing dating violence warning signs, and the
4 17 characteristics of healthy relationships.
4 18 b. Upon written request to the principal of the school of
4 19 attendance, a parent or legal guardian of a student, within
4 20 a reasonable period of time after the request is made, shall
4 21 be permitted to examine the dating violence education program
4 22 instruction materials at the school in which the student is
4 23 enrolled.
4 24 7. Remedies and liability. This section does not prevent
4 25 a victim from seeking redress under any other available law,
4 26 either civil or criminal. This section does not create or
4 27 alter any tort liability.
4 28 Sec. 5. STATE MANDATE FUNDING SPECIFIED. In accordance
4 29 with section 25B.2, subsection 3, the state cost of requiring
4 30 compliance with any state mandate included in this Act shall
4 31 be paid by a school district from state school foundation aid
4 32 received by the school district under section 257.16. This
4 33 specification of the payment of the state cost shall be deemed
4 34 to meet all of the state funding=related requirements of
4 35 section 25B.2, subsection 3, and no additional state funding
5 1 shall be necessary for the full implementation of this Act
5 2 by and enforcement of this Act against all affected school
5 3 districts.
5 4 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
5 5 immediate importance, takes effect upon enactment.
5 6 EXPLANATION
5 7 This bill requires school districts to adopt a dating
5 8 violence policy by December 1, 2012, provide dating violence
5 9 training to faculty and staff, and incorporate age=appropriate
5 10 dating violence education into the health curriculum and
5 11 standards for students in grades 7 through 12. The bill
5 12 also requires the director of the department of education to
5 13 develop and distribute to all school districts a model dating
5 14 violence policy by July 1, 2012, to assist school districts in
5 15 developing policies for dating violence reporting, response,
5 16 and appropriate disciplinary procedures; and to review and
5 17 approve the grade level topics relating to dating violence and
5 18 healthy relationships in the health curriculum required under
5 19 the state's education standards.
5 20 The bill includes the general assembly's finding that
5 21 dating violence causes a student's academic life to suffer
5 22 and jeopardizes the student's safety; the general assembly's
5 23 declaration that all students have a right to work and study in
5 24 a safe, supportive environment that is free from harassment,
5 25 intimidation, and violence; and the intent of the general
5 26 assembly that school districts shall establish a dating
5 27 violence policy and provide dating violence education to
5 28 students, parents, staff, faculty, and administrators.
5 29 The bill defines dating violence to mean a pattern of
5 30 behavior pursuant to which a person uses threats of, or
5 31 actually uses, physical, sexual, verbal, or emotional abuse
5 32 to control the person's dating partner. "Dating partner" is
5 33 defined as any person, regardless of gender, involved in an
5 34 intimate relationship with another primarily characterized
5 35 by the expectation of affectionate involvement whether
6 1 casual, serious, or long=term. "At school" means in a
6 2 classroom on or immediately adjacent to school premises, on
6 3 school=related vehicles, at an official school bus stop, or at
6 4 any school=sponsored activity or event.
6 5 The policy must include a statement that dating violence
6 6 will not be tolerated, dating violence reporting procedures,
6 7 guidelines for responding to at=school incidents of dating
6 8 violence, and discipline procedures specific to such incidents.
6 9 The policy must be published in any school district policy or
6 10 handbook.
6 11 The training must include the basic principles of dating
6 12 violence and the warning signs of dating violence to ensure
6 13 that those receiving the training are able to appropriately
6 14 respond to incidents of dating violence at school.
6 15 The school district must inform the students' parents or
6 16 legal guardians of the school district's dating violence policy
6 17 and, if requested, provide them with the policy and relevant
6 18 information. The bill strongly encourages school districts to
6 19 provide parent awareness training.
6 20 The health curriculum and standards must include
6 21 information on defining dating violence, recognizing dating
6 22 violence warning signs, and the characteristics of healthy
6 23 relationships.
6 24 The bill does not prevent a victim from seeking redress under
6 25 any other available law, and does not create or alter any tort
6 26 liability.
6 27 The bill may include a state mandate as defined in Code
6 28 section 25B.3. The bill requires that the state cost of
6 29 any state mandate included in the bill be paid by a school
6 30 district from state school foundation aid received by the
6 31 school district under Code section 257.16. The specification
6 32 is deemed to constitute state compliance with any state mandate
6 33 funding=related requirements of Code section 25B.2. The
6 34 inclusion of this specification is intended to reinstate the
6 35 requirement of political subdivisions to comply with any state
7 1 mandates included in the bill.
7 2 The bill takes effect upon enactment.
LSB 1988XS (2) 84
kh/nh
Text: SF85
Text: SF87
Complete Bill History