As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 19


Representative Harwood 

Cosponsors: Representatives Brown, Fende, Okey, Williams, B., Garrison, Bolon, Chandler, Phillips, Boyd, Newcomb, Williams, S., Domenick, Pillich, Harris, Murray 



A BILL
To amend sections 3301.0718 and 3313.60 and to enact 1
sections 3301.23 and 3313.668 of the Revised Code 2
to require school districts to adopt a dating 3
violence policy and to include dating violence 4
education within the health education curriculum.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3301.0718 and 3313.60 be amended and 6
sections 3301.23 and 3313.668 of the Revised Code be enacted to 7
read as follows:8

       Sec. 3301.0718. (A) After completing the required standards9
specified in section 3301.079 of the Revised Code, the state board10
of education shall adopt standards and model curricula for11
instruction in computer literacy for grades three through twelve12
and in fine arts and foreign language for grades kindergarten13
through twelve. 14

       (B) Not later than December 31, 2007, the state board shall 15
adopt the most recent standards developed by the national 16
association for sport and physical education for physical 17
education in grades kindergarten through twelve or shall adopt its 18
own standards for physical education in those grades. The 19
department of education shall provide the standards, and any 20
revisions of the standards, to all school districts and community 21
schools established under Chapter 3314. of the Revised Code. Any 22
school district or community school may utilize the standards.23

        The department shall employ a full-time physical education 24
coordinator to provide guidance and technical assistance to 25
districts and community schools in implementing the standards 26
adopted under this division. The superintendent of public 27
instruction shall determine that the person employed as 28
coordinator is qualified for the position, as demonstrated by 29
possessing an adequate combination of education, license, and 30
experience. The department shall hire a coordinator not later than 31
October 31, 2007.32

       (C) TheExcept for the standards required under division 33
(A)(5)(e) of section 3313.60 of the Revised Code, the state board 34
shall not adopt or revise any standards or curriculum in the area 35
of health unless, by concurrent resolution, the standards,36
curriculum, or revisions are approved by both houses of the37
general assembly. Before the house of representatives or senate38
votes on a concurrent resolution approving health standards, 39
curriculum, or revisions, its standing committee having 40
jurisdiction over education legislation shall conduct at least 41
one public hearing on the standards, curriculum, or revisions.42

       (D) The state board shall not adopt a diagnostic assessment43
or achievement test for any grade level or subject area other 44
than those specified in section 3301.079 of the Revised Code.45

       Sec. 3301.23. The state board of education shall develop a 46
model dating violence policy to assist school districts in 47
developing their own policies under section 3313.668 of the 48
Revised Code for dating violence reporting and response. The state 49
board shall issue the model policy not later than ninety days 50
after the effective date of this section.51

       Sec. 3313.60.  Notwithstanding division (D) of section52
3311.52 of the Revised Code, divisions (A) to (E) of this section53
do not apply to any cooperative education school district54
established pursuant to divisions (A) to (C) of section 3311.52 of55
the Revised Code.56

       (A) The board of education of each city and exempted village57
school district, the governing board of each educational service58
center, and the board of each cooperative education school59
district established pursuant to section 3311.521 of the Revised60
Code shall prescribe a curriculum for all schools under their61
control. Except as provided in division (E) of this section, in62
any such curriculum there shall be included the study of the63
following subjects:64

       (1) The language arts, including reading, writing, spelling,65
oral and written English, and literature;66

       (2) Geography, the history of the United States and of Ohio,67
and national, state, and local government in the United States,68
including a balanced presentation of the relevant contributions to69
society of men and women of African, Mexican, Puerto Rican, and70
American Indian descent as well as other ethnic and racial groups71
in Ohio and the United States;72

       (3) Mathematics;73

       (4) Natural science, including instruction in the74
conservation of natural resources;75

       (5) Health education, which shall include instruction in:76

       (a) The nutritive value of foods, including natural and77
organically produced foods, the relation of nutrition to health,78
the use and effects of food additives;79

       (b) The harmful effects of and legal restrictions against the 80
use of drugs of abuse, alcoholic beverages, and tobacco;81

       (c) Venereal disease education, except that upon written82
request of the student's parent or guardian, a student shall be83
excused from taking instruction in venereal disease education;84

       (d) In grades kindergarten through six, instruction in85
personal safety and assault prevention, except that upon written86
request of the student's parent or guardian, a student shall be87
excused from taking instruction in personal safety and assault88
prevention;89

       (e) In grades seven through twelve, age-appropriate 90
instruction in dating violence education, which shall include 91
instruction in defining dating violence, recognizing dating 92
violence warning signs, and characteristics of healthy 93
relationships. As used in this division, "dating violence" means 94
a pattern of behavior where a person uses or threatens to use 95
physical, sexual, or emotional abuse to control the person's 96
dating partner.97

       In order to assist school districts in developing a dating 98
violence education curriculum, the state board of education shall 99
adopt standards for dating violence education in grades seven 100
through twelve. The department of education shall provide the 101
standards, and any revisions of the standards, to all school 102
districts. Any school district may utilize the standards.103

       If the parent or legal guardian of a student less than 104
eighteen years of age submits to the principal of the student's 105
school a written request to examine the dating violence 106
instruction materials used at that school, the principal, within a 107
reasonable period of time after the request is made, shall allow 108
the parent or guardian to examine those materials at that school.109

       (6) Physical education;110

       (7) The fine arts, including music;111

       (8) First aid, including a training program in112
cardiopulmonary resuscitation, safety, and fire prevention, except113
that upon written request of the student's parent or guardian, a114
student shall be excused from taking instruction in115
cardiopulmonary resuscitation.116

       (B) Except as provided in division (E) of this section, every 117
school or school district shall include in the requirements for 118
promotion from the eighth grade to the ninth grade one year's119
course of study of American history.120

       (C) Except as provided in division (E) of this section, every 121
high school shall include in the requirements for graduation from 122
any curriculum one unit of American history and government,123
including a study of the constitutions of the United States and of124
Ohio.125

       (D) Except as provided in division (E) of this section, basic 126
instruction in geography, United States history, the government of 127
the United States, the government of the state of Ohio, local 128
government in Ohio, the Declaration of Independence, the United 129
States Constitution, and the Constitution of the state of Ohio 130
shall be required before pupils may participate in courses131
involving the study of social problems, economics, foreign132
affairs, United Nations, world government, socialism and133
communism.134

       (E) For each cooperative education school district135
established pursuant to section 3311.521 of the Revised Code and136
each city, exempted village, and local school district that has137
territory within such a cooperative district, the curriculum138
adopted pursuant to divisions (A) to (D) of this section shall139
only include the study of the subjects that apply to the grades140
operated by each such school district. The curriculums for such141
schools, when combined, shall provide to each student of these142
districts all of the subjects required under divisions (A) to (D)143
of this section.144

       (F) The board of education of any cooperative education145
school district established pursuant to divisions (A) to (C) of146
section 3311.52 of the Revised Code shall prescribe a curriculum147
for the subject areas and grade levels offered in any school under148
its control.149

       (G) Upon the request of any parent or legal guardian of a150
student, the board of education of any school district shall151
permit the parent or guardian to promptly examine, with respect to152
the parent's or guardian's own child:153

       (1) Any survey or questionnaire, prior to its administration154
to the child;155

       (2) Any textbook, workbook, software, video, or other156
instructional materials being used by the district in connection157
with the instruction of the child;158

       (3) Any completed and graded test taken or survey or159
questionnaire filled out by the child;160

       (4) Copies of the statewide academic standards and each model 161
curriculum developed pursuant to section 3301.079 of the Revised 162
Code, which copies shall be available at all times during school 163
hours in each district school building.164

       Sec. 3313.668. (A) As used in this section:165

        (1) "At school" means in a classroom, on or immediately 166
adjacent to school premises, on a school bus or other 167
school-related vehicle, at an official school bus stop, or at any 168
school-sponsored activity or event whether or not it is on school 169
grounds.170

        (2) "Dating partner" means any person, regardless of gender, 171
involved in an intimate relationship with another primarily 172
characterized by the expectation of affectionate involvement 173
whether casual, serious, or long-term.174

        (3) "Dating violence" means a pattern of behavior where a 175
person uses or threatens physical, sexual, verbal, or emotional 176
abuse to control the person's dating partner.177

        (B) The board of education of each city, local, exempted 178
village, and joint vocational school district shall adopt a 179
specific policy to address incidents of dating violence involving 180
students at school not later than one hundred eighty days after 181
the effective date of this section. Each school board shall file 182
the district's policy with the department of education. The policy 183
shall include, but not be limited to:184

        (1) A statement that dating violence will not be tolerated;185

        (2) Dating violence reporting procedures;186

        (3) Guidelines to responding to at-school incidents of dating 187
violence;188

        (4) Discipline procedures specific to at-school incidents of 189
dating violence.190

        The board shall publish the dating violence policy in any 191
school district policy and handbook that sets forth the 192
comprehensive rules, procedures, and standards of conduct for 193
students at school.194

        (C)(1) Not later than ninety days after adopting a dating 195
policy under this section, each board shall provide dating 196
violence training to all administrators, teachers, school nurses, 197
and school mental health staff who work in schools serving any of 198
grades seven through twelve. Upon the recommendation of the board, 199
other staff may be required to attend the training or be permitted 200
to attend on a volunteer basis.201

        (2) Dating violence training shall include, but not be 202
limited to:203

        (a) Basic principles of dating violence;204

        (b) Warning signs of dating violence;205

        (c) The district's dating violence policy.206

        The board shall provide training annually to all newly hired 207
staff for whom it deems the training appropriate.208

        (D) Each board shall inform each student's parent or guardian 209
of the district's dating violence policy. If so requested, the 210
board shall provide a parent or guardian with the dating violence 211
policy and relevant information. The board may also provide parent 212
awareness training.213

        (E) This section does not prevent a victim from seeking 214
redress under any other provision of the Revised Code or common 215
law that may apply.216

       (F) This section does not create a new cause of action or 217
substantive legal right for any person.218

       Section 2. That existing sections 3301.0718 and 3313.60 of 219
the Revised Code are hereby repealed.220