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