2021 -- S 0796

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators Gallo, Coyne, Sosnowski, Cano, Valverde, Quezada, Lawson,
Goodwin, Murray, and Euer

     Date Introduced: April 08, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-21-30 of the General Laws in Chapter 16-21 entitled "Health and

Safety of Pupils" is hereby amended to read as follows:

     16-21-30. Dating violence policy.

     (a) As used in this section:

     (1) "Dating violence" means a pattern of behavior where one person uses threats of, or

actually uses, physical, sexual, verbal or emotional abuse to abusive or coercive behaviors used to

exert power and control his or her over a current or former dating partner. Behaviors may occur

online, in person, or through the use of technology. Abuse may be physical, verbal, emotional,

sexual, financial, or psychological and includes threats, isolation, and intimidation.

     (2) "Dating partner" means any person, regardless of gender, involved in an intimate

relationship with another primarily characterized by the expectation of affectionate involvement

whether casual, serious or long-term.

     (3) "At school" means in a classroom, on or immediately 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.

     (b) The department of education 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, 2008.

     (c) Each school district shall establish a specific policy to address incidents of dating

violence involving students at school by December 1, 2008. Each school district shall verify

compliance with the department of education on an annual basis through the annual school health

report.

     (1) Such policy shall include, but not be limited to, a statement that dating violence will

not be tolerated, dating violence reporting procedures, guidelines to responding to at school

incidents of dating violence and discipline procedures specific to such incidents.

     (2) To ensure notice of the school district's dating violence policy, the policy shall be

published in any school district policy and handbook that sets forth the comprehensive rules,

procedures and standards of conduct for students at school.

     (d) Each school district shall provide dating violence training to all administrators,

teachers, nurses and mental health staff at the middle and high school levels. Upon the

recommendation of the administrator, other staff may be included or may attend the training on a

volunteer basis. The dating violence training shall include, but not be limited to, basic principles of

dating violence, warnings signs of dating violence and the school district's dating violence policy,

to ensure that they are able to appropriately respond to incidents of dating violence at school.

Thereafter, this training shall be provided yearly to all newly hired staff deemed appropriate to

receive the training by the school's administration.

     (e) Each 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. It is strongly

recommended that the school district provide parent awareness training.

     (f) Each school district shall collect data regarding instances of student misconduct that are

considered dating violence. As part of the usual course of discipline data submission to the

department of education, each school district shall specify when a particular infraction is also

considered dating violence.

     (f)(g) This section does not prevent a victim from seeking redress under any other available

law, either civil or criminal. This section does not create or alter any tort liability.

     SECTION 2. Section 16-22-24 of the General Laws in Chapter 16-22 entitled "Curriculum

[See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended to read

as follows:

     16-22-24. Dating violence education.

     (a) Each school district shall incorporate dating violence education that is age-appropriate

into the annual health curriculum framework for students in grades seven (7) through twelve (12).

     (1) Dating violence education shall include, but not be limited to, defining dating violence,

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recognizing dating violence warning signs and characteristics of healthy relationships.

Additionally, students shall be provided with the school district's dating violence policy as provided

in subsection 16-21-30(c).

     (2) For the purposes of this section:

     (i) "Dating violence" means a pattern of behavior where one person uses threats of, or

actually uses, physical, sexual, verbal or emotional abuse to abusive or coercive behaviors used to

exert power and control his or her over a current or former dating partner. Behaviors may occur

online, in person, or through the use of technology. Abuse may be physical, verbal, emotional,

sexual, financial, or psychological and includes threats, isolation, and intimidation.

     (ii) "Dating partner" means any person involved in an intimate association with another

primarily characterized by the expectation of affectionate involvement whether casual, serious or

long-term.

     (iii) "At school" means in a classroom, on or immediately adjacent to such 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.

     (3) To assist school districts in developing a dating violence education program, the

department of education shall review and approve the grade level topics relating to dating violence

and healthy relationships in the "health literacy for all students: the Rhode Island health education

framework."

     (4) The provisions of this section shall be amended in the health education curriculum

sections of the Rhode Island rules and regulations for school health programs, R16-21-SCHO, and

the Rhode Island basic education program at their next revisions.

     (b) Upon written request to the school principal, a parent or legal guardian of a pupil less

than 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 his or her child is enrolled.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

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     This act would amend the definition of dating violence to include abusive and coercive

behaviors used to exert control and power over current or former dating partners and would provide

that dating violence can include online, in person, and technological means and provides that abuse

may be physical, verbal, emotional, sexual, financial, or psychological and includes threats,

isolation, and intimidation.

     This act would take effect upon passage.

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