PRINTER'S NO. 483
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
495
Session of
2019
INTRODUCED BY T. DAVIS, DONATUCCI, ULLMAN, KORTZ, KINSEY,
PASHINSKI, YOUNGBLOOD, HILL-EVANS, READSHAW, CALTAGIRONE,
FREEMAN, SCHWEYER, DEASY, McCLINTON, HOWARD, NEILSON,
SOLOMON, SIMS AND HOHENSTEIN, FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 12, 2019
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; and, 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. Sections 1302-A(c)(7) and 1553 of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, are amended to read:
Section 1302-A. Office for Safe Schools.--* * *
(c) In addition to the powers and duties set forth under
subsection (b), the office is authorized to make targeted grants
to school entities to fund programs which address school
violence, including:
* * *
(7) Development and implementation of research-based
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violence prevention programs that address risk factors to reduce
incidents of problem behaviors among students including, but not
limited to, bullying, dating violence and sexual harassment.
* * *
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 establish a specific
policy to address incidents of dating violence involving
students at school.]
(1.1) Each school district shall establish a specific policy
to address incidents of dating violence and sexual harassment
involving students within one (1) year of the effective date of
this paragraph. Each school district shall verify compliance
with the department on an annual basis through the annual school
health report.
(2) The policy [may] shall include, but need not be limited
to: a statement that dating violence and sexual harassment will
not be tolerated; dating violence and sexual harassment
reporting procedures; discipline procedures for students that
commit dating violence [at school] or sexual harassment against
others; and contact information for and resources available
through domestic violence programs [and], rape crisis programs
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and sexual harassment programs.
(2.1) No school district shall be required to establish a
new policy if one exists on the effective date of this paragraph
and the policy reasonably fulfills the requirements of this
section.
(3) [A] Each school district [that establishes the policy]
shall:
(i) Publish the policy in any school district 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.
(ii.1) Make the policy available in every classroom.
(ii.2) Post the policy in a prominent location within each
school building where the notices are usually posted.
(iii) Provide parents and guardians with a copy of the
policy.
(iv) Ensure that the policy is reviewed with students within
ninety (90) days after the policy is adopted and at least once
each school year following the adoption of the policy.
(4) The State Board of Education shall conduct a study of
the benefits and detriments of mandatory dating violence and
sexual harassment 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.
(c) (1) A school district [may] shall provide dating
violence and sexual harassment training to all administrators,
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teachers, guidance counselors, nurses and mental health staff at
the middle school and high school level. Upon the recommendation
of the district superintendent, other staff may be included or
may attend the training on a voluntary basis. The school
district may also provide dating violence and sexual harassment
training to parents.
(2) The dating violence and sexual harassment training [may]
shall include, but need not be limited to: basic principles of
dating violence and sexual harassment; warning signs of dating
violence and sexual harassment; the school district's dating
violence and sexual harassment policy; appropriate responses to
incidents of dating violence [at school] and sexual harassment;
and services and resources available through domestic violence
programs [and], rape crisis programs and sexual harassment
programs.
(3) The training shall be provided annually to all newly
hired staff deemed appropriate to receive the training by the
school's administration.
(4) Each school district shall consult with each domestic
violence program, rape crisis program and sexual harassment
program that serves the region where the school district is
located for the development and implementation of the dating
violence and sexual harassment policy and for the coordination
of the content and provision of dating violence and sexual
harassment training for school district employes.
(c.1) A school district shall inform the students' parents
or legal guardians of the school district's dating violence and
sexual harassment policy. If requested, the school district
shall provide the parents or legal guardians with the school
district's dating violence and sexual harassment policy and
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relevant information. The school district may provide parent
awareness training.
(d) (1) A school district [may] shall incorporate dating
violence and sexual harassment education and peer support
training that is age appropriate into the annual health
curriculum framework for students in grades [nine (9)] seven (7)
through twelve (12). In developing such a policy, the school
district shall consult with [at least one (1)] each domestic
violence program [or], rape crisis program and sexual harassment
program that serves the region where the school district is
located.
(2) Dating violence and sexual harassment education [may]
shall include, but need not be limited to: defining dating
violence and sexual harassmen t and recognizing dating violence
and sexual harassment 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 provide students
with the school district's dating violence and sexual harassment
policy.
(2.1) Peer support training shall include, but need not be
limited to: information regarding the role friends and peers
have in addressing dating violence and sexual harassment and
bystander intervention and reporting strategies in dating
violence and sexual harassment situations.
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(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 in preparing an
instructional program on dating violence. The department may use
educational materials that are already publicly available for
this purpose.] and sexual harassment and peer support training
and shall prepare model grade-appropriate topics relating to
dating violence and sexual harassment, healthy relationships and
peer support training for the purpose of assisting school
entities in preparing an instructional program on dating
violence and sexual harassment.
(4) [A] 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 and sexual harassment 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 and sexual
harassment 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 or
sexual harassment under any other law or as establishing or
modifying any civil liability.
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(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"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."
"Sexual harassment." Unwelcome conduct of a sexual nature,
including unwelcome sexual advances, requests for sexual favors
and other verbal, nonverbal or physical sexual conduct.
"Sexual harassment program." A program that has as its
primary purpose the provision of direct services to victims of
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sexual harassment, including, but not limited to, counseling,
information and referral, as well as education and prevention
programs on sexual harassment.
Section 2. This act shall take effect July 1, 2019, or
immediately, whichever is later.
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