S.F. 2034 Section 1. Section 256.9, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 59. a. Develop and distribute, by July 1, 3 2011, to all school districts a model dating violence policy 4 to assist school districts in developing policies for dating 5 violence reporting, response, and appropriate disciplinary 6 procedures. 7 b. Review and approve the grade level topics relating 8 to dating violence and healthy relationships in the health 9 curriculum required pursuant to section 256.11, subsection 10 4, and the curriculum standards required pursuant to section 11 256.11, subsection 5, paragraph “j” . 12 Sec. 2. Section 256.11, subsection 4, Code Supplement 2009, 13 is amended to read as follows: 14 4. The following shall be taught in grades seven and 15 eight: English-language arts; social studies; mathematics; 16 science; health; age-appropriate and research-based human 17 growth and development; family, consumer, career, and 18 technology education; physical education; music; and visual 19 art. The health curriculum shall incorporate age-appropriate 20 dating violence education as specified in section 279.68, 21 subsection 6, and shall also include age-appropriate and 22 research-based information regarding the characteristics 23 of sexually transmitted diseases, including HPV and the 24 availability of a vaccine to prevent HPV, and acquired immune 25 deficiency syndrome. The state board as part of accreditation 26 standards shall adopt curriculum definitions for implementing 27 the program in grades seven and eight. However, this 28 subsection shall not apply to the teaching of family, consumer, 29 career, and technology education in nonpublic schools. For 30 purposes of this section, “age-appropriate” , “HPV” , and 31 “research-based” mean the same as defined in section 279.50. 32 Sec. 3. Section 256.11, subsection 5, paragraph j, 33 unnumbered paragraph 1, Code Supplement 2009, is amended to 34 read as follows: 35 -1- LSB 5083XS (9) 83 kh/nh 1/ 7

S.F. 2034 One unit of health education which shall include personal 1 health; food and nutrition; environmental health; safety and 2 survival skills; consumer health; family life; age-appropriate 3 dating violence education as specified in section 279.68, 4 subsection 6; age-appropriate and research-based human growth 5 and development; substance abuse and nonuse; emotional and 6 social health; health resources; and prevention and control 7 of disease, including age-appropriate and research-based 8 information regarding sexually transmitted diseases, including 9 HPV and the availability of a vaccine to prevent HPV, and 10 acquired immune deficiency syndrome. 11 Sec. 4. NEW SECTION . 279.68 Dating violence prevention and 12 education policy. 13 1. Legislative findings. The general assembly finds that 14 when a student is a victim of dating violence, the student’s 15 academic life suffers and the student’s safety at school 16 is jeopardized. The general assembly declares that all 17 students have a right to work and study in a safe, supportive 18 environment that is free from harassment, intimidation, and 19 violence. It is the intent of the general assembly that the 20 board of directors of each school district shall establish a 21 policy to create an environment free of dating violence and for 22 responding to incidents of dating violence, and shall provide 23 dating violence education to students, parents, staff, faculty, 24 and administrators in order to prevent dating violence and to 25 address incidents involving student dating violence. 26 2. Definitions. As used in this section, unless the context 27 otherwise requires: 28 a. “At school” means in a classroom on or immediately 29 adjacent to school premises; on a school bus or other 30 school-related vehicle; at an official school bus stop; or at 31 any school-sponsored activity or event whether or not it takes 32 place on school grounds. 33 b. “Dating partner” means any person, regardless of gender, 34 involved in an intimate relationship with another primarily 35 -2- LSB 5083XS (9) 83 kh/nh 2/ 7

S.F. 2034 characterized by the expectation of affectionate involvement 1 whether casual, serious, or long-term. 2 c. “Dating violence” means a pattern of behavior pursuant 3 to which a person uses threats of, or actually uses, physical, 4 sexual, verbal, or emotional abuse to control the person’s 5 dating partner. 6 3. Policy. By December 1, 2011, the board of directors 7 of each school district shall establish a specific policy to 8 address incidents of dating violence involving students at 9 school. Each school district shall verify compliance with this 10 section with the department of education on an annual basis 11 through the comprehensive school improvement plan submitted 12 pursuant to section 256.7, subsection 21. 13 a. The policy shall include but not be limited to a 14 statement that dating violence will not be tolerated, dating 15 violence reporting procedures, guidelines for responding 16 to at-school incidents of dating violence, and discipline 17 procedures specific to such incidents. 18 b. To ensure notice of the school district’s dating violence 19 policy, the policy shall be published in any school district 20 policy or handbook that sets forth the comprehensive rules, 21 procedures, and standards of conduct for students at school. 22 4. Training. The board of directors of each school 23 district shall provide for dating violence training for all 24 administrators, teachers, nurses, and mental health staff at 25 the middle and high school levels by December 1, 2011, and 26 yearly thereafter to all newly hired administrators, teachers, 27 nurses, and mental health staff. Upon the recommendation of an 28 administrator, other staff may be included or may attend the 29 training on a volunteer basis. The dating violence training 30 shall include but not be limited to basic principles of 31 dating violence, the warning signs of dating violence, and the 32 school district’s dating violence policy, to ensure that those 33 receiving the training are able to appropriately respond to 34 incidents of dating violence at school. 35 -3- LSB 5083XS (9) 83 kh/nh 3/ 7

S.F. 2034 5. Notification of policy. The board of directors of each 1 school district shall inform the students’ parents or legal 2 guardians of the school district’s dating violence policy. If 3 requested, the school district shall provide the parents or 4 legal guardians with the school district’s dating violence 5 policy and relevant information. The board of directors of 6 each school district is strongly encouraged to provide parent 7 awareness training. 8 6. Health curriculum and standards. The board of directors 9 of each school district shall incorporate dating violence 10 education that is age-appropriate into the health curriculum 11 and curriculum standards for students in grades seven 12 through twelve which are required pursuant to section 256.11, 13 subsection 4, and section 256.11, subsection 5, paragraph “j” . 14 a. Dating violence education shall include but not 15 be limited to information on the definition of dating 16 violence, recognizing dating violence warning signs, and the 17 characteristics of healthy relationships. 18 b. Upon written request to the principal of the school of 19 attendance, a parent or legal guardian of a student, within 20 a reasonable period of time after the request is made, shall 21 be permitted to examine the dating violence education program 22 instruction materials at the school in which the student is 23 enrolled. 24 7. Remedies and liability. This section does not prevent 25 a victim from seeking redress under any other available law, 26 either civil or criminal. This section does not create or 27 alter any tort liability. 28 Sec. 5. STATE MANDATE FUNDING SPECIFIED. In accordance 29 with section 25B.2, subsection 3, the state cost of requiring 30 compliance with any state mandate included in this Act shall 31 be paid by a school district from state school foundation aid 32 received by the school district under section 257.16. This 33 specification of the payment of the state cost shall be deemed 34 to meet all of the state funding-related requirements of 35 -4- LSB 5083XS (9) 83 kh/nh 4/ 7

S.F. 2034 section 25B.2, subsection 3, and no additional state funding 1 shall be necessary for the full implementation of this Act 2 by and enforcement of this Act against all affected school 3 districts. 4 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 5 importance, takes effect upon enactment. 6 EXPLANATION 7 This bill requires school districts to adopt a dating 8 violence policy by December 1, 2011, provide dating violence 9 training to faculty and staff, and incorporate age-appropriate 10 dating violence education into the health curriculum and 11 standards for students in grades 7 through 12. The bill 12 also requires the director of the department of education to 13 develop and distribute to all school districts a model dating 14 violence policy by July 1, 2011, to assist school districts in 15 developing policies for dating violence reporting, response, 16 and appropriate disciplinary procedures; and to review and 17 approve the grade level topics relating to dating violence and 18 healthy relationships in the health curriculum required under 19 the state’s education standards. 20 The bill includes the general assembly’s finding that 21 dating violence causes a student’s academic life to suffer 22 and jeopardizes the student’s safety; the general assembly’s 23 declaration that all students have a right to work and study in 24 a safe, supportive environment that is free from harassment, 25 intimidation, and violence; and the intent of the general 26 assembly that school districts shall establish a dating 27 violence policy and provide dating violence education to 28 students, parents, staff, faculty, and administrators. 29 The bill defines dating violence to mean a pattern of 30 behavior pursuant to which a person uses threats of, or 31 actually uses, physical, sexual, verbal, or emotional abuse 32 to control the person’s dating partner. “Dating partner” is 33 defined as any person, regardless of gender, involved in an 34 intimate relationship with another primarily characterized 35 -5- LSB 5083XS (9) 83 kh/nh 5/ 7

S.F. 2034 by the expectation of affectionate involvement whether 1 casual, serious, or long-term. “At school” means in a 2 classroom on or immediately adjacent to school premises, on 3 school-related vehicles, at an official school bus stop, or at 4 any school-sponsored activity or event. 5 The policy must include a statement that dating violence 6 will not be tolerated, dating violence reporting procedures, 7 guidelines for responding to at-school incidents of dating 8 violence, and discipline procedures specific to such incidents. 9 The policy must be published in any school district policy or 10 handbook. 11 The training must include the basic principles of dating 12 violence and the warning signs of dating violence to ensure 13 that those receiving the training are able to appropriately 14 respond to incidents of dating violence at school. 15 The school district must inform the students’ parents or 16 legal guardians of the school district’s dating violence policy 17 and, if requested, provide them with the policy and relevant 18 information. The bill strongly encourages school districts to 19 provide parent awareness training. 20 The health curriculum and standards must include 21 information on defining dating violence, recognizing dating 22 violence warning signs, and the characteristics of healthy 23 relationships. 24 The bill does not prevent a victim from seeking redress under 25 any other available law, and does not create or alter any tort 26 liability. 27 The bill may include a state mandate as defined in Code 28 section 25B.3. The bill requires that the state cost of 29 any state mandate included in the bill be paid by a school 30 district from state school foundation aid received by the 31 school district under section 257.16. The specification is 32 deemed to constitute state compliance with any state mandate 33 funding-related requirements of Code section 25B.2. The 34 inclusion of this specification is intended to reinstate the 35 -6- LSB 5083XS (9) 83 kh/nh 6/ 7