As Reported by the House Education Committee

128th General Assembly
Regular Session
2009-2010
Sub. 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, Luckie, DeBose, Driehaus, Garland, Lundy, Pryor, Weddington 



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 enact the "Tina Croucher Act" to require 3
school districts to adopt a dating violence 4
prevention policy and to include dating violence 5
prevention education within the health education 6
curriculum. 7


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

       Section 1. That sections 3301.0718 and 3313.60 be amended and 8
sections 3301.23 and 3313.668 of the Revised Code be enacted to 9
read as follows: 10

       Sec. 3301.0718. (A) After completing the required standards 11
specified in section 3301.079 of the Revised Code, the state board 12
of education shall adopt standards and model curricula for 13
instruction in computer literacy for grades three through twelve 14
and in fine arts and foreign language for grades kindergarten 15
through twelve. 16

       (B) Not later than December 31, 2007, the state board shall 17
adopt the most recent standards developed by the national 18
association for sport and physical education for physical 19
education in grades kindergarten through twelve or shall adopt its 20
own standards for physical education in those grades. The 21
department of education shall provide the standards, and any 22
revisions of the standards, to all school districts and community 23
schools established under Chapter 3314. of the Revised Code. Any 24
school district or community school may utilize the standards. 25

        The department shall employ a full-time physical education 26
coordinator to provide guidance and technical assistance to 27
districts and community schools in implementing the standards 28
adopted under this division. The superintendent of public 29
instruction shall determine that the person employed as 30
coordinator is qualified for the position, as demonstrated by 31
possessing an adequate combination of education, license, and 32
experience. The department shall hire a coordinator not later than 33
October 31, 2007. 34

       (C) TheExcept for the standards required under division 35
(A)(5)(e) of section 3313.60 of the Revised Code, the state board 36
shall not adopt or revise any standards or curriculum in the area 37
of health unless, by concurrent resolution, the standards, 38
curriculum, or revisions are approved by both houses of the 39
general assembly. Before the house of representatives or senate 40
votes on a concurrent resolution approving health standards, 41
curriculum, or revisions, its standing committee having 42
jurisdiction over education legislation shall conduct at least 43
one public hearing on the standards, curriculum, or revisions. 44

       (D) The state board shall not adopt a diagnostic assessment 45
or achievement test for any grade level or subject area other 46
than those specified in section 3301.079 of the Revised Code. 47

       Sec. 3301.23. The state board of education shall develop a 48
model dating violence prevention policy to assist school districts 49
in developing their own policies under section 3313.668 of the 50
Revised Code for dating violence reporting and response. The state 51
board shall issue the model policy not later than ninety days 52
after the effective date of this section.53

       Sec. 3313.60.  Notwithstanding division (D) of section 54
3311.52 of the Revised Code, divisions (A) to (E) of this section 55
do not apply to any cooperative education school district 56
established pursuant to divisions (A) to (C) of section 3311.52 of 57
the Revised Code. 58

       (A) The board of education of each city and exempted village 59
school district, the governing board of each educational service 60
center, and the board of each cooperative education school 61
district established pursuant to section 3311.521 of the Revised 62
Code shall prescribe a curriculum for all schools under their 63
control. Except as provided in division (E) of this section, in 64
any such curriculum there shall be included the study of the 65
following subjects: 66

       (1) The language arts, including reading, writing, spelling, 67
oral and written English, and literature; 68

       (2) Geography, the history of the United States and of Ohio, 69
and national, state, and local government in the United States, 70
including a balanced presentation of the relevant contributions to 71
society of men and women of African, Mexican, Puerto Rican, and 72
American Indian descent as well as other ethnic and racial groups 73
in Ohio and the United States; 74

       (3) Mathematics; 75

       (4) Natural science, including instruction in the 76
conservation of natural resources; 77

       (5) Health education, which shall include instruction in: 78

       (a) The nutritive value of foods, including natural and 79
organically produced foods, the relation of nutrition to health, 80
the use and effects of food additives; 81

       (b) The harmful effects of and legal restrictions against the 82
use of drugs of abuse, alcoholic beverages, and tobacco; 83

       (c) Venereal disease education, except that upon written 84
request of the student's parent or guardian, a student shall be 85
excused from taking instruction in venereal disease education; 86

       (d) In grades kindergarten through six, instruction in 87
personal safety and assault prevention, except that upon written 88
request of the student's parent or guardian, a student shall be 89
excused from taking instruction in personal safety and assault 90
prevention;91

       (e) In grades seven through twelve, age-appropriate 92
instruction in dating violence prevention education, which shall 93
include instruction in defining dating violence, recognizing 94
dating violence warning signs, and characteristics of healthy 95
relationships. As used in this division, "dating violence" has 96
the same meaning as in section 3313.668 of the Revised Code.97

       In order to assist school districts in developing a dating 98
violence prevention education curriculum, the state board of 99
education shall adopt standards for dating violence prevention 100
education in grades seven through twelve. The department of 101
education shall provide the standards, and any revisions of the 102
standards, to all school districts. Any school district may 103
utilize the standards.104

       If the parent or legal guardian of a student less than 105
eighteen years of age submits to the principal of the student's 106
school a written request to examine the dating violence 107
prevention instruction materials used at that school, the 108
principal, within a reasonable period of time after the request 109
is made, shall allow the parent or guardian to examine those 110
materials at that school. 111

       (6) Physical education; 112

       (7) The fine arts, including music; 113

       (8) First aid, including a training program in 114
cardiopulmonary resuscitation, safety, and fire prevention, except 115
that upon written request of the student's parent or guardian, a 116
student shall be excused from taking instruction in 117
cardiopulmonary resuscitation. 118

       (B) Except as provided in division (E) of this section, every 119
school or school district shall include in the requirements for 120
promotion from the eighth grade to the ninth grade one year's 121
course of study of American history. 122

       (C) Except as provided in division (E) of this section, every 123
high school shall include in the requirements for graduation from 124
any curriculum one unit of American history and government, 125
including a study of the constitutions of the United States and of 126
Ohio. 127

       (D) Except as provided in division (E) of this section, basic 128
instruction in geography, United States history, the government of 129
the United States, the government of the state of Ohio, local 130
government in Ohio, the Declaration of Independence, the United 131
States Constitution, and the Constitution of the state of Ohio 132
shall be required before pupils may participate in courses 133
involving the study of social problems, economics, foreign 134
affairs, United Nations, world government, socialism and 135
communism. 136

       (E) For each cooperative education school district 137
established pursuant to section 3311.521 of the Revised Code and 138
each city, exempted village, and local school district that has 139
territory within such a cooperative district, the curriculum 140
adopted pursuant to divisions (A) to (D) of this section shall 141
only include the study of the subjects that apply to the grades 142
operated by each such school district. The curriculums for such 143
schools, when combined, shall provide to each student of these 144
districts all of the subjects required under divisions (A) to (D) 145
of this section. 146

       (F) The board of education of any cooperative education 147
school district established pursuant to divisions (A) to (C) of 148
section 3311.52 of the Revised Code shall prescribe a curriculum 149
for the subject areas and grade levels offered in any school under 150
its control. 151

       (G) Upon the request of any parent or legal guardian of a 152
student, the board of education of any school district shall 153
permit the parent or guardian to promptly examine, with respect to 154
the parent's or guardian's own child: 155

       (1) Any survey or questionnaire, prior to its administration 156
to the child; 157

       (2) Any textbook, workbook, software, video, or other 158
instructional materials being used by the district in connection 159
with the instruction of the child; 160

       (3) Any completed and graded test taken or survey or 161
questionnaire filled out by the child; 162

       (4) Copies of the statewide academic standards and each model 163
curriculum developed pursuant to section 3301.079 of the Revised 164
Code, which copies shall be available at all times during school 165
hours in each district school building. 166

       Sec. 3313.668. (A) As used in this section:167

        (1) "At school" means in a classroom, on or immediately 168
adjacent to school premises, on a school bus or other 169
school-related vehicle, at an official school bus stop, or at any 170
school-sponsored activity or event whether or not it is on school 171
grounds.172

        (2) "Dating partner" means any person, regardless of gender, 173
involved in an intimate relationship with another primarily 174
characterized by the expectation of affectionate involvement 175
whether casual, serious, or long-term.176

        (3) "Dating violence" means a pattern of behavior where a 177
person uses or threatens physical, sexual, verbal, or emotional 178
abuse to control the person's dating partner.179

        (B) The board of education of each city, local, exempted 180
village, and joint vocational school district shall adopt a 181
specific policy to prevent and address incidents of dating 182
violence involving students at school not later than one hundred 183
eighty days after the effective date of this section. Each school 184
board shall file the district's policy with the department of 185
education. The policy shall include, but not be limited to:186

        (1) A statement that dating violence will not be tolerated;187

        (2) Dating violence reporting procedures;188

        (3) Guidelines to responding to at-school incidents of dating 189
violence;190

        (4) Discipline procedures specific to at-school incidents of 191
dating violence.192

        The board shall publish the dating violence prevention policy 193
in any school district policy and handbook that sets forth the 194
comprehensive rules, procedures, and standards of conduct for 195
students at school.196

        (C)(1) Not later than ninety days after adopting a dating 197
violence prevention policy under this section, each board shall 198
provide dating violence prevention training to all 199
administrators, teachers, school nurses, and school mental health 200
staff who work in schools serving any of grades seven through 201
twelve. Upon the recommendation of the board, other staff may be 202
required to attend the training or be permitted to attend on a 203
volunteer basis.204

        (2) Dating violence prevention training shall include, but 205
not be limited to:206

        (a) Basic principles of dating violence and dating violence 207
prevention;208

        (b) Warning signs of dating violence;209

        (c) The district's dating violence prevention policy.210

        The board shall provide training annually to all newly hired 211
staff for whom it deems the training appropriate.212

        (D) Each board shall inform each student's parent or guardian 213
of the district's dating violence prevention policy. If so 214
requested, the board shall provide a parent or guardian with the 215
dating violence prevention policy and relevant information. The 216
board may also provide parent awareness training.217

        (E) This section does not prevent a victim from seeking 218
redress under any other provision of the Revised Code or common 219
law that may apply.220

       (F) This section does not create a new cause of action or 221
substantive legal right for any person.222

       Section 2. That existing sections 3301.0718 and 3313.60 of 223
the Revised Code are hereby repealed. 224

       Section 3. This act shall be known as the "Tina Croucher 225
Act."226