LRB-4198/1
FFK:cdc
2019 - 2020 LEGISLATURE
September 17, 2019 - Introduced by Senators Petrowski, Shilling, Johnson,
Larson, Risser, Schachtner and Wirch, cosponsored by Representatives
Sargent, Spiros, Anderson, Billings, Bowen, Crowley, Fields, Gruszynski,
Kerkman, Mursau, Novak, Ohnstad, Sinicki, Skowronski, Spreitzer, Stubbs,
Subeck, C. Taylor, Vining, Zimmerman, Milroy and Neubauer. Referred to
Committee on Education.
SB420,1,3 1An Act to renumber 118.07 (5); and to create 118.07 (5) (b), 118.47 and 121.02
2(1) (L) 2m. of the statutes; relating to: teen dating violence prevention
3education.
Analysis by the Legislative Reference Bureau
This bill requires schools to provide teen dating violence prevention education
and establishes certain criteria governing the instruction provided. The bill requires
the Department of Public Instruction to prepare, by July 1, 2020, a policy governing
the prevention of and appropriate responses to teen dating violence and sexual
violence when pupils are at school or while pupils are under the supervision of a
school authority. By January 1, 2021, each school board must adopt either DPI's
policy and curriculum or its own policy and curriculum. The bill also requires DPI
to incorporate teen dating violence and sexual violence prevention curriculum into
its model health curriculum.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB420,1 4Section 1. 118.07 (5) of the statutes is renumbered 118.07 (5) (a).
SB420,2 5Section 2. 118.07 (5) (b) of the statutes is created to read:
SB420,2,8
1118.07 (5) (b) A school board shall require every employee of the school district
2governed by the school board who has direct contact with pupils in grades 6 to 12 to
3attend training provided by the department in the prevention of and appropriate
4responses to teen dating violence and sexual violence when pupils are at school or
5while pupils are under the supervision of a school authority. The school board shall
6ensure that a school district employee attends the training required under this
7paragraph within the first 6 months after beginning employment with the school
8district and at least once every 5 years after the initial training.
SB420,3 9Section 3. 118.47 of the statutes is created to read:
SB420,2,11 10118.47 Teen dating violence prevention education. (1) Definitions. In
11this section:
SB420,2,1312 (a) “Abusive behavior" means verbal or physical intimidation, threats, or
13harassment, whether direct, by electronic means, or through other persons.
SB420,2,1414 (b) “Age-appropriate" has the meaning given in s. 118.019 (1m) (a).
SB420,2,1515 (c) “Child with a disability" has the meaning given in s. 115.76 (5).
SB420,2,1916 (d) “Cyberbullying" means the use of information and communication
17technologies, such as a cell phone, computer, Internet site, or electronic mail
18message, to engage in or support deliberate, hostile behavior intended to frighten,
19intimidate, mock, insult, bully, or harm others.
SB420,2,2220 (e) “Dating partner" means any individual involved in an intimate relationship
21with another individual primarily characterized by the demonstration of affection,
22whether casual, serious, or long-term.
SB420,2,2323 (f) “Emotional abuse” has the meaning given in s. 46.90 (1) (cm).
SB420,2,2424 (g) “Harassment” has the meaning given in s. 813.125 (1) (am).
SB420,3,4
1(h) “Healthy relationship" means an equal relationship free from abusive,
2violent, and controlling behavior in which each individual respects the other's right
3to have his or her own opinions, friends, and activities, and each individual can
4openly communicate with the other individual.
SB420,3,75 (i) “Physical abuse" means shaking, arm twisting, pushing, hitting, kicking,
6slapping, strangulation, hair pulling, physical intimidation, or any behavior that
7may result in injury.
SB420,3,108 (j) “Physical intimidation" means an attempt to frighten or coerce another
9individual by physical contact, including by restraining the individual, blocking the
10individual's movements or exits, punching walls, or throwing objects.
SB420,3,1111 (k) “Sexual contact” has the meaning given in s. 940.225 (5) (b).
SB420,3,1212 (L) “Sexual violence" means any unwanted sexual contact.
SB420,3,1513 (m) “Stalking" means willfully and repeatedly following or harassing another
14individual or making a threat with the intent to place that individual in fear for the
15individual's safety or the safety of the individual's family.
SB420,3,1616 (n) “Teen dating violence" means behavior in which all of the following apply:
SB420,3,1817 1. An individual uses abusive behavior, threats of or actual physical abuse,
18sexual violence, cyberbullying, or emotional abuse.
SB420,3,2019 2. The effect of the behavior is to dominate, control, or punish the individual's
20dating partner or former dating partner.
SB420,3,2121 3. At least one of the partners is a teenager.
SB420,4,4 22(2) Department; duties. (a) By July 1, 2020, the department shall, working in
23consultation with the department of children and families, the department of health
24services, the council on domestic abuse, and advocates from statewide organizations
25representing victims of domestic abuse and sexual violence, prepare, adopt, and

1make available to school districts a policy governing the prevention of and
2appropriate responses to teen dating violence and sexual violence when pupils are
3at school or while pupils are under the supervision of a school authority. The
4department shall incorporate all of the following in its policy:
SB420,4,65 1. Methods for accommodating pupils who are victims of teen dating violence
6or sexual violence.
SB420,4,87 2. A requirement that school districts comply with and support compliance
8with court orders related to teen dating violence and sexual violence.
SB420,4,99 3. Methods for protecting the rights, safety, and privacy of victims.
SB420,4,2010 (b) In preparing the policy required under par. (a), the department shall take
11into consideration other policies that have been adopted by a school board and that
12directly address the prevention of and appropriate responses to teen dating violence
13and sexual violence, as well as other obligations imposed upon the school board
14related to education and training; the protection and accommodation of a pupil who
15is the victim of bullying, harassment, or assault; and the reporting of suspected child
16abuse and neglect. The department shall explicitly reference those policies and
17obligations in the policy adopted under par. (a). To the greatest extent possible, the
18department shall not duplicate in the policy adopted under par. (a) any requirement
19or obligation imposed upon a school board under a policy adopted by a school board
20or under current law.
SB420,4,2421 (c) The department shall incorporate a teen dating violence and sexual violence
22prevention curriculum into its model health problems education curriculum. The
23teen dating violence and sexual violence prevention curriculum shall include all of
24the following topics:
SB420,4,2525 1. Definitions of teen dating violence and sexual violence.
SB420,5,2
12. Skills for identifying teen dating violence, abusive behavior, physical
2intimidation, stalking, physical abuse, sexual violence, and cyberbullying.
SB420,5,53 3. Appropriate and safe ways for teen bystanders to intervene in teen dating
4violence, sexual violence, and incidents of stalking and to seek help from supportive
5adults on behalf of victims.
SB420,5,66 4. Characteristics of healthy relationships.
SB420,5,97 5. The meaning of consent, how to communicate consent, the absence of
8consent, and how to identify consent and the absence of consent. The department
9shall include under this subdivision all of the following:
SB420,5,1110 a. That consent does not exist when a person is coerced or when permission is
11implied, assumed, or given under threat.
SB420,5,1312 b. That a person that consents to one act does not thereby consent to any other
13act.
SB420,5,1514 c. That consent does not exist when one or all parties involved in an activity are
15intoxicated or otherwise incapacitated.
SB420,5,1716 6. Communication techniques to help pupils discuss and resolve conflicts
17within dating relationships with respect and nonviolence.
SB420,5,2018 7. Methods for exercising critical thinking skills and developing skills for pupils
19to recognize and understand their own individual boundaries and recognize and
20respect the boundaries of others.
SB420,5,2321 8. Relevant information about and sources for legal, medical, and mental
22health and other supportive services regarding teen dating violence and sexual
23violence.
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