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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 |
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 standards | 9 |
specified in section 3301.079 of the Revised Code, the state board | 10 |
of education shall adopt standards and model curricula for | 11 |
instruction in computer literacy for grades three through twelve | 12 |
and in fine arts and foreign language for grades kindergarten | 13 |
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) | 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 the | 37 |
general assembly. Before the house of representatives or senate | 38 |
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 assessment | 43 |
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 section | 52 |
3311.52 of the Revised Code, divisions (A) to (E) of this section | 53 |
do not apply to any cooperative education school district | 54 |
established pursuant to divisions (A) to (C) of section 3311.52 of | 55 |
the Revised Code. | 56 |
(A) The board of education of each city and exempted village | 57 |
school district, the governing board of each educational service | 58 |
center, and the board of each cooperative education school | 59 |
district established pursuant to section 3311.521 of the Revised | 60 |
Code shall prescribe a curriculum for all schools under their | 61 |
control. Except as provided in division (E) of this section, in | 62 |
any such curriculum there shall be included the study of the | 63 |
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 to | 69 |
society of men and women of African, Mexican, Puerto Rican, and | 70 |
American Indian descent as well as other ethnic and racial groups | 71 |
in Ohio and the United States; | 72 |
(3) Mathematics; | 73 |
(4) Natural science, including instruction in the | 74 |
conservation of natural resources; | 75 |
(5) Health education, which shall include instruction in: | 76 |
(a) The nutritive value of foods, including natural and | 77 |
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 written | 82 |
request of the student's parent or guardian, a student shall be | 83 |
excused from taking instruction in venereal disease education; | 84 |
(d) In grades kindergarten through six, instruction in | 85 |
personal safety and assault prevention, except that upon written | 86 |
request of the student's parent or guardian, a student shall be | 87 |
excused from taking instruction in personal safety and assault | 88 |
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 in | 112 |
cardiopulmonary resuscitation, safety, and fire prevention, except | 113 |
that upon written request of the student's parent or guardian, a | 114 |
student shall be excused from taking instruction in | 115 |
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's | 119 |
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 of | 124 |
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 courses | 131 |
involving the study of social problems, economics, foreign | 132 |
affairs, United Nations, world government, socialism and | 133 |
communism. | 134 |
(E) For each cooperative education school district | 135 |
established pursuant to section 3311.521 of the Revised Code and | 136 |
each city, exempted village, and local school district that has | 137 |
territory within such a cooperative district, the curriculum | 138 |
adopted pursuant to divisions (A) to (D) of this section shall | 139 |
only include the study of the subjects that apply to the grades | 140 |
operated by each such school district. The curriculums for such | 141 |
schools, when combined, shall provide to each student of these | 142 |
districts all of the subjects required under divisions (A) to (D) | 143 |
of this section. | 144 |
(F) The board of education of any cooperative education | 145 |
school district established pursuant to divisions (A) to (C) of | 146 |
section 3311.52 of the Revised Code shall prescribe a curriculum | 147 |
for the subject areas and grade levels offered in any school under | 148 |
its control. | 149 |
(G) Upon the request of any parent or legal guardian of a | 150 |
student, the board of education of any school district shall | 151 |
permit the parent or guardian to promptly examine, with respect to | 152 |
the parent's or guardian's own child: | 153 |
(1) Any survey or questionnaire, prior to its administration | 154 |
to the child; | 155 |
(2) Any textbook, workbook, software, video, or other | 156 |
instructional materials being used by the district in connection | 157 |
with the instruction of the child; | 158 |
(3) Any completed and graded test taken or survey or | 159 |
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 |