THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CONKLIN, BROWN, GOODMAN, HARHAI, BRIGGS, HOUGHTON, SIPTROTH, READSHAW, M. O'BRIEN, K. SMITH, MURT, HARKINS, BOYLE, FRANKEL, LENTZ, SOLOBAY, MELIO, BELFANTI, SANTONI, MAHONEY, KORTZ, McGEEHAN, D. COSTA, BRADFORD, WHITE, R. TAYLOR, MATZIE, DEASY, FABRIZIO, GEIST, GIBBONS, YOUNGBLOOD, MARKOSEK AND WAGNER, OCTOBER 6, 2009

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2010   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in terms and courses of study,

providing for dating violence education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1526.  Dating Violence Education.--(a)  The

department shall develop a model dating violence policy to

assist school districts in developing policies for dating

violence reporting and response. The model policy shall be

issued on or before April 1, 2010 within six months of the

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effective date of this section.

(b)  (1)  (i)  Each school district shall establish a

specific policy to address incidents of dating violence

involving students at school by December 1, 2010 within one year

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of the effective date of this section. Each school district

shall verify compliance with the department on an annual basis

through the annual school health report.

(ii)  The policy shall include, but not be limited to, a

statement that dating violence will not be tolerated, dating

violence reporting procedures, guidelines for responses to

dating violence at school and discipline procedures for students

that commit dating violence at school.

(iii)  The policy shall be published in any school district

policy or handbook that specifies the comprehensive rules,

procedures and standards of conduct for students at school.

(2)  (i)  A school district shall provide dating violence

training to all administrators, teachers, nurses and mental

health staff at the middle school and high school levels. Upon

the recommendation of the district superintendent, other staff

may be included or may attend the training on a volunteer basis.

(ii)  The dating violence training shall include, but not be

limited to, basic principles of dating violence, warning signs

of dating violence, the school district's dating violence policy

and appropriate responses to incidents of dating violence at

school.

(iii)  The training shall be provided annually to all newly

hired staff deemed appropriate to receive the training by the

school's administration.

(3)  A school district shall inform the students' parents or

legal guardians of the school district's dating violence policy.

If requested, the school district shall provide the parents or

legal guardians with the school district's dating violence

policy and relevant information. The school district may provide

parent awareness training.

(4)  (i)  A school district shall incorporate dating violence

education that is age-appropriate into the annual health

curriculum framework for students in grades seven through

twelve.

(ii)  Dating violence education shall include, but not be

limited to, defining dating violence and recognizing dating

violence warning signs and characteristics of healthy

relationships. The school district shall also provide students

with the school district's dating violence policy.

(c)  Upon written request to the school principal, a parent

or legal guardian of a student who is under eighteen (18) 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

the student is enrolled.

(d)  This section shall not be construed as preventing a

person from seeking judicial relief from dating violence under

any other law or as establishing or modifying any civil

liability.

(e)  As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"At school" shall mean in a classroom, on or immediately

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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 on school property as defined in section 1301-A.

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"Dating partner" shall mean a person, regardless of gender,

involved in an intimate relationship with another person,

primarily characterized by the expectation of affectionate

involvement, whether casual, serious or long-term.

"Dating violence" shall mean a pattern of behavior where one

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person uses threats of, or actually uses, physical, sexual,

verbal or emotional abuse to control the person's dating

partner.

"Department" shall mean the Department of Education of the

Commonwealth.

Section 2.  This act shall take effect in 60 days July 1,

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2010, or immediately, whichever is later.