Regular Session 2017-2018 House Bill 1705 P.N. 2290

PRINTER'S NO. 2290

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1705

Session of

2017

INTRODUCED BY MURT, BOBACK, V. BROWN, DALEY, DEAN, DRISCOLL,

HILL-EVANS, KINSEY, SCHWEYER, SIMS AND WATSON,

AUGUST 16, 2017

REFERRED TO COMMITTEE ON EDUCATION, AUGUST 16, 2017

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,

further providing for dating violence education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1553 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended to read:

Section 1553. Dating Violence Education.--(a) The

department, through its Office for Safe Schools, and in

consultation with the State Board of Education, shall:

(1) Develop, within six (6) months of the effective date of

this section, a model dating violence policy to assist school

districts in developing policies for dating violence reporting

and response.

(2) Consult with at least one (1) domestic violence center

and at least one (1) rape crisis center in developing the model

dating violence policy.

(b) (1) [Each school district may] Beginning with the 2018-

2019 school year, each school entity shall establish a specific

policy to address incidents of dating violence involving

students at school.

(2) The policy [may] shall include, but need not be limited

to: a statement that dating violence will not be tolerated;

violence reporting procedures; discipline procedures for

students that commit violence at school; and contact information

for and resources available through domestic violence programs

and rape crisis programs.

(3) [A school district that establishes the policy] Each

school entity shall:

(i) Publish the policy in any school [district] entity

policy or handbook that specifies the comprehensive rules,

procedures and standards of conduct for students at school.

(ii) Make the policy available on its publicly available

Internet website.

(iii) Provide parents and guardians with a copy of the

policy.

[(4) The State Board of Education shall conduct a study of

the benefits and detriments of mandatory dating violence

education and shall submit a report of its recommendations to

the chairman and minority chairman of the Education Committee of

the Senate and the chairman and minority chairman of the

Education Committee of the House of Representatives within three

(3) years of the effective date of this section.]

2018-2019 school year, each school entity shall provide at the

20170HB1705PN2290 - 2 -

high school level annual dating violence training to guidance

counselors, nurses [and], mental health staff [at the high

school level.] and all instructors whose teaching

responsibilities include a course of study in which instruction

under subsection (d) is integrated. Upon the recommendation of

the [district superintendent] chief school administrator, other

staff may be included or may attend the training on a voluntary

basis. The school [district] entity may also provide dating

violence training to parents.

(2) The dating violence training [may] shall include, but

need not be limited to: basic principles of dating violence;

warning signs of dating violence; the school [district's]

entity's dating violence policy; appropriate responses to

incidents of dating violence at school; and services and

resources available through domestic violence programs and rape

crisis programs.

(d) (1) [A school district may] Beginning with the 2018-

2019 school year, each school entity shall incorporate dating

violence education that is age appropriate into the annual

health curriculum framework for students in grades nine (9)

through twelve (12). In developing such a policy, the school

[district] entity shall consult with at least one (1) domestic

violence program or rape crisis program that serves the region

where the school [district] entity is located.

(2) Dating violence education [may] shall include, but need

not be limited to: defining dating violence and recognizing

dating violence warning signs; characteristics of healthy

relationships; information regarding peer support and the role

friends and peers have in addressing dating violence; and

contact information for and the services and resources available

20170HB1705PN2290 - 3 -

through domestic violence centers and rape crisis centers,

including detailed information concerning safety planning,

availability and enforcement of protection from abuse orders and

the availability of other services and assistance for students

and their families.

(3) The department, through its Office for Safe Schools, in

consultation with at least one (1) domestic violence center and

at least one (1) rape crisis center, shall provide school

[districts] entities with grade-appropriate educational

materials regarding dating violence and healthy relationships

for the purpose of assisting school [districts] entities in

preparing an instructional program on dating violence. The

department may use educational materials that are already

publicly available for this purpose.

(4) 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 instructional materials at the

school in which the student is enrolled.

(5) At the request of a parent or guardian, a student shall

be excused from all or parts of the dating violence education

program. The principal shall notify all parents or guardians of

their ability to withdraw their children from instruction in the

program by returning a signed opt-out form.

(e) Nothing in this section shall 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.

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

shall have the meanings given to them in this subsection:

20170HB1705PN2290 - 4 -

"At school." The term shall have the meaning given to school

property as defined in section 1301-A.

"Dating partner." 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." Behavior where one person uses threats

of, or actually uses, physical, sexual, verbal or emotional

abuse to control the person's dating partner.

"Department." The Department of Education of the

Commonwealth.

"Domestic violence center." The term shall have the meaning

given in section 2333 of the act of April 9, 1929 (P.L.177,

No.175), known as "The Administrative Code of 1929."

"Domestic violence program." The term shall have the meaning

given in section 2333 of the act of April 9, 1929 (P.L.177,

No.175), known as "The Administrative Code of 1929."

"Rape crisis center." The term shall have the meaning given

in section 2333 of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929."

"Rape crisis program." The term shall have the meaning given

in section 2333 of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929."

"School entity." A school district, intermediate unit, area

vocational-technical school, charter school, cyber charter

school or regional charter school.

Section 2. This act shall take effect in 60 days.

20170HB1705PN2290 - 5 -