130th Ohio General Assembly
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Sub. H. B. No. 19  As Passed by the House
As Passed by the House

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, 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;
(3) Mathematics;
(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.
(6) Physical education;
(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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