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Sub. H. B. No. 19 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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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, Celeste, Dodd, Dyer, Foley, Gerberry, Goyal, Hagan, Heard, Hite, Koziura, Mallory, Otterman, Patten, Skindell, Slesnick, Stewart, Szollosi, Ujvagi, Winburn, Yuko
A BILL
To amend sections 3301.0718 and 3313.60 and to enact
sections 3301.23 and 3313.668 of the
Revised Code
to enact the "Tina Croucher Act"
to require
school districts to adopt a dating
violence
prevention policy and to
include dating violence
prevention
education within the
health education
curriculum.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0718 and 3313.60 be amended and
sections 3301.23 and 3313.668 of the Revised Code be enacted to
read as follows:
Sec. 3301.0718. (A) After completing the required standards
specified in section 3301.079 of the Revised Code, the state
board
of education shall adopt standards and model curricula for
instruction in computer literacy for grades three through twelve
and in fine arts and foreign language for grades kindergarten
through twelve.
(B) Not later than December 31, 2007, the state board shall
adopt the most recent standards developed by the national
association for sport and physical education for physical
education in grades kindergarten through twelve or shall adopt its
own standards for physical education in those grades. The
department of education shall provide the standards, and any
revisions of the standards, to all school districts and community
schools established under Chapter 3314. of the Revised Code. Any
school district or community school may utilize the standards.
The department shall employ a full-time physical education
coordinator to provide guidance and technical assistance to
districts and community schools in implementing the standards
adopted under this division. The superintendent of public
instruction shall determine that the person employed as
coordinator is qualified for the position, as demonstrated by
possessing an adequate combination of education, license, and
experience. The department shall hire a coordinator not later than
October 31, 2007.
(C) The Except for the standards required under division
(A)(5)(e) of section 3313.60 of the Revised Code, the state board
shall not adopt or revise any
standards
or
curriculum in the area
of health unless,
by
concurrent
resolution, the standards,
curriculum, or revisions
are
approved
by both houses of the
general assembly. Before the
house
of
representatives or senate
votes on a concurrent
resolution
approving health standards,
curriculum, or
revisions, its
standing
committee having
jurisdiction over
education legislation
shall
conduct at least
one
public hearing on
the standards,
curriculum,
or revisions.
(D) The state board shall not adopt a diagnostic
assessment
or achievement test for any grade level or subject area
other
than
those specified in section 3301.079 of the Revised
Code.
Sec. 3301.23. The state board of education shall develop a
model dating violence prevention policy to assist school districts
in
developing their own policies under section 3313.668 of the
Revised Code for dating violence reporting and response. The state
board shall issue the model policy not later than ninety days
after the effective date of this section.
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52
of
the Revised Code.
(A) The board of education of each city and exempted village
school
district, the governing board of each educational
service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing,
spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of
Ohio,
and national, state, and local government in the United
States,
including a balanced presentation of the relevant
contributions to
society of men and women of African, Mexican,
Puerto Rican, and
American Indian descent as well as other ethnic
and racial groups
in Ohio and the United States;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
the use and effects of food additives;
(b) The harmful effects of and legal restrictions against
the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in personal safety and assault
prevention;
(e) In grades seven through twelve, age-appropriate
instruction
in dating violence prevention education, which shall
include
instruction in
defining dating violence, recognizing
dating
violence warning
signs, and characteristics of healthy
relationships. As used in
this division, "dating violence" has
the same meaning as in section 3313.668 of the Revised Code.
In order to assist school districts in developing a dating
violence prevention education curriculum, the state board of
education shall
adopt standards for dating violence prevention
education in grades seven
through twelve. The department of
education shall provide the
standards, and any revisions of the
standards, to all school
districts. Any school district may
utilize the standards.
If the parent or legal guardian of a student less than
eighteen years of age submits to the principal of the student's
school a written request to examine the dating violence
prevention instruction materials used at that school, the
principal, within a
reasonable period of time after the request
is made, shall allow
the parent or guardian to examine those
materials at that school.
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention,
except
that upon written request of
the student's parent or
guardian,
a
student shall be excused from taking instruction in
cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section,
every
school or school district shall include in the requirements
for
promotion from the eighth grade to the ninth grade one year's
course of study of American history.
(C) Except as provided in division (E) of this section,
every
high school shall include in the requirements for
graduation
from
any curriculum one unit of American history and
government,
including a study of the constitutions of the United
States and of
Ohio.
(D) Except as provided in division (E) of this section,
basic
instruction in geography, United States history, the
government of
the United States, the government of the state of
Ohio, local
government in Ohio, the Declaration of Independence,
the United
States Constitution, and the Constitution of the state
of Ohio
shall be required before pupils may participate in
courses
involving the study of social problems, economics,
foreign
affairs, United Nations, world government, socialism and
communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school
under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its
administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each
model
curriculum developed pursuant to section 3301.079 of the
Revised
Code, which copies shall be available at all times during
school
hours in each district school building.
Sec. 3313.668. (A) As used in this section:
(1) "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.
(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) "Dating violence" means a pattern of behavior where a
person uses or threatens physical, sexual, verbal, or emotional
abuse to control the person's dating partner.
(B) The board of education of each city, local, exempted
village, and joint vocational school district shall adopt a
specific policy to prevent and address incidents of dating
violence involving
students at school not later than one hundred
eighty days after
the effective date of this section. Each school
board shall file
the district's policy with the department of
education. The policy
shall include, but not be limited to:
(1) A statement that dating violence will not be tolerated;
(2) Dating violence reporting procedures;
(3) Guidelines to responding to at-school incidents of dating
violence;
(4) Discipline procedures specific to at-school incidents of
dating violence.
The board shall publish the dating violence prevention policy
in any
school district policy and handbook that sets forth the
comprehensive rules, procedures, and standards of conduct for
students at school.
(C)(1) Not later than ninety days after adopting a dating
violence prevention
policy under this section, each board shall
provide dating
violence prevention training to all
administrators, teachers, school nurses,
and school mental health
staff who work in schools serving any of
grades seven through
twelve. Upon the recommendation of the board,
other staff may be
required to attend the training or be permitted
to attend on a
volunteer basis.
(2) Dating violence prevention training shall include, but
not be
limited to:
(a) Basic principles of dating violence and dating violence
prevention;
(b) Warning signs of dating violence;
(c) The district's dating violence prevention policy.
The board shall provide training annually to all newly hired
staff for whom it deems the training appropriate.
(D) Each board shall inform each student's parent or guardian
of the district's dating violence prevention policy. If so
requested, the
board shall provide a parent or guardian with the
dating violence prevention
policy and relevant information. The
board may also provide parent
awareness training.
(E) This section does not prevent a victim from seeking
redress under any other provision of the Revised Code or common
law that may apply.
(F) This section does not create a new cause of action or
substantive legal right for any person.
Section 2. That existing sections 3301.0718 and 3313.60 of
the Revised Code are hereby repealed.
Section 3. This act shall be known as the "Tina Croucher
Act."
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