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, WAGNER, CALTAGIRONE AND MURPHY, OCTOBER 6, 2009

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 16, 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 safe schools, further providing

for Office for Safe Schools; in terms and courses of study,

providing for dating violence education.

The General Assembly finds and declares that:

(1)  Criminal acts committed against teenagers by other

young persons are a serious problem in this Commonwealth.

(2)  Many of the criminal acts take the form of dating

violence.

(3)  On August 15, 2007, Demi Brae Cuccia, a 16-year-old

student at Gateway High School in Monroeville, Allegheny

County, was fatally stabbed 16 times by her former boyfriend,

who then made an unsuccessful attempt to take his own life.

(4)  The 18-year-old person arrested for the brutal

attack was convicted of first degree murder and was sentenced

to life in prison without parole.

(5)  In order to educate teens and their parents

regarding teen dating violence, the family of Demi Brae

Cuccia has established the Demi Brae Awareness Organization.

(6)  Students in our secondary schools need to be

educated about the dangers of teen dating violence so that

other teenagers will not have to share the same fate as Demi

Brae Cuccia.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1302-A(c)(7) of the act of March 10, 1949

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

amended or added June 30, 1995 (P.L.220, No.26) and July 9, 2008

(P.L.846, No.61), is amended to read:

Section 1302-A.  Office for Safe Schools.--* * *

(c)  In addition to the powers and duties set forth under

subsection (a), the office is authorized to make targeted grants

to schools to fund programs which address school violence,

including, but not limited to, the following programs:

* * *

(7)  Development and implementation of research-based

violence prevention programs that address risk factors to reduce

incidents of problem behaviors among students including, but not

limited to, bullying and dating violence.

* * *

Section 2.  The act is amended by adding a section to read:

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

department, through its Office for Safe Schools, shall develop a

model dating violence policy to assist school districts in

developing policies for dating violence reporting and response. 

The department, through its Office for Safe Schools, shall

consult with at least one domestic violence center and at least

one rape crisis center in developing the model dating violence

policy. The model policy shall be issued within six months of

the 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 within one year 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, including designation of the

appropriate school staff person to receive reports of incidents

of dating violence, discipline procedures for students that

commit dating violence at school and contact information for and

resources available through domestic violence programs and rape

crisis programs.

(iii)  No school district shall be required to establish a

new policy if one exists on the effective date of this section

and reasonably fulfills the requirements of this section.

(iv)  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.

(v)  Each school district shall make the dating violence

policy available on its publicly available Internet website, if

available, and in every classroom. Each school district shall

post the policy at a prominent location within each school

building where such notices are usually posted. Each school

district shall ensure that the policy is reviewed with students

within ninety (90) days after the policy is adopted and

thereafter at least once each school year.

(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, appropriate responses to incidents of dating violence at

school and services and resources available through domestic

violence programs and rape crisis programs.

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

hired staff deemed appropriate to receive the training by the

school's administration.

(iv)  Each school district shall consult with each domestic

violence program and each rape crisis program that serves the

region where the school district is located for the development

and implementation of the dating violence policy and for the

coordination of the content and provision of dating violence

training for school district employes.

(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. In developing its dating violence education for

students, each school district shall consult with each domestic

violence program and each rape crisis program that serves the

region where the school district is located.

(ii)  Dating violence education shall include, but 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 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. The school district shall also provide students

with the school district's dating violence policy.

(iii)  The Department of Education, through its Office for

Safe Schools, in consultation with at least one domestic

violence center and at least one rape crisis center, shall

provide school entities with educational materials regarding

dating violence and shall prepare model grade-appropriate topics

relating to dating violence and healthy relationships for the

purpose of assisting school entities in preparing an

instructional program on dating violence.

(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)  At the request of a parent or guardian, a pupil shall be

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excused from all or parts of the school district dating violence

education program. The principal shall notify all parents or

guardians of their ability to withdraw their children from the

instruction by returning a signed opt-out form.

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

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person from seeking judicial relief from dating violence under

any other law or as establishing or modifying any civil

liability.

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

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phrases shall have the meanings given to them in this

subsection:

"At school" shall mean on school property as defined in

section 1301-A.

"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 behavior where one 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.

"Domestic violence center" shall have the meaning specified

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" shall have the meaning specified

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" shall have the meaning specified 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" shall have the meaning specified in

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

known as "The Administrative Code of 1929."

Section  3.  This act shall take effect July 1, 2010, or

immediately, whichever is later.