AB692: Bill Text

LRB-3688/1

TKK:cjs&an

2015 - 2016 LEGISLATURE

2015 Assembly BILL 692

January 13, 2016 - Introduced by Representatives Spiros, Sargent, Kulp, Johnson, Stuck, Billings, Ohnstad, Milroy, Berceau, Allen, Subeck, A. Ott, E. Brooks, Kahl, Rohrkaste, Brostoff, T. Larson, Pope and C. Taylor, cosponsored by Senator Harris Dodd. Referred to Committee on Education.

AB692,1,6 An Act to renumber 118.019 (1m) (a), 118.019 (1m) (b), 118.019 (2m) and 118.07 (5); to amend 118.019 (2) (intro.), 118.019 (3), 118.019 (4), 118.46 (1) (intro.) and 118.46 (1) (a) (intro.); and to create 118.019 (1m) (ag), 118.019 (1m) (c), (d), (e), (f), (g), (i), (j), (k), (L) and (m), 118.019 (2m) (b), 118.019 (2t), 118.07 (5) (b) and 121.02 (1) (L) 2m. of the statutes; relating to: teen dating violence policies and education.

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 (DPI) to prepare, by the beginning of the 2017-18 school year, a policy governing the prevention of and appropriate responses to teen dating violence and sexual violence on school grounds, at school-sponsored activities, and in vehicles used for the transportation of pupils to and from school-sponsored activities. The bill also requires DPI to incorporate teen dating violence and sexual violence curriculum into its model health curriculum. Within six months after the beginning of the 2017-18 school year, each school board must adopt either DPI's policy and curriculum or its own policy and curriculum.

Current law requires DPI to have developed a model school policy on bullying by pupils. The policy on bullying must include a definition of bullying. This bill requires DPI to periodically revise its model school policy on bullying.

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:

AB692,1 Section 1. 118.019 (1m) (a) of the statutes is renumbered 118.019 (1m) (ar).

AB692,2 Section 2. 118.019 (1m) (ag) of the statutes is created to read:

AB692,2,6 118.019 (1m) (ag) "Abusive behavior" means intimidation, threats, or harassment, whether direct, by electronic means, or through other persons, and includes the use of put-downs; name calling; insults; offensive, sexually explicit, or homophobic language; screaming; or yelling.

AB692,3 Section 3. 118.019 (1m) (b) of the statutes is renumbered 118.019 (1m) (h).

AB692,4 Section 4. 118.019 (1m) (c), (d), (e), (f), (g), (i), (j), (k), (L) and (m) of the statutes are created to read:

AB692,2,11 118.019 (1m) (c) "Child with a disability" has the meaning given in s. 115.76 (5).

AB692,2,12 (d) "Consent" means permission that is clearly and freely given.

AB692,2,16 (e) "Cyberbullying" means the use of information and communication technologies, such as a cell phone, computer, Internet Web site, or electronic mail message, to engage in or support deliberate, hostile behavior intended to frighten, intimidate, mock, insult, bully, or harm others.

AB692,2,19 (f) "Dating partner" means any person involved in a relationship with another person primarily characterized by the demonstration of affection, whether casual, serious, or long-term.

AB692,3,2 (g) "Healthy relationship" means an equal relationship free from abusive, violent, and controlling behavior in which each person respects the other's right to have his or her own opinions, friends, and activities, and each person can openly communicate with the other person.

AB692,3,5 (i) "Physical abuse" means shaking, arm twisting, pushing, hitting, kicking, slapping, strangulation, hair pulling, physical intimidation, or any behavior that may result in injury.

AB692,3,8 (j) "Physical intimidation" means an attempt to frighten or coerce another person by restraining him or her, blocking his or her movements or exits, punching walls, or throwing objects.

AB692,3,10 (k) "Sexual violence" means any unwanted sexual contact including touching, kissing, caressing, and rubbing.

AB692,3,13 (L) "Stalking" means willfully and repeatedly following or harassing another person or making a threat with the intent to place that person in fear for his or her safety or the safety of his or her family.

AB692,3,18 (m) "Teen dating violence" means behavior in which a person uses abusive behavior, threats of physical abuse, or actual physical abuse; sexual violence; cyberbullying; or emotional abuse; the effect of the behavior is to dominate, control, or punish the person's dating partner or former dating partner; and at least one of the partners is a teenager.

AB692,5 Section 5. 118.019 (2) (intro.) of the statutes is amended to read:

AB692,4,3 118.019 (2) Subjects. (intro.) A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If the school board elects to provide an instructional program under this section subsection, when the school board establishes the curriculum for the instructional program, the school board shall make determinations as to whether and, if so, for what subjects covered in the curriculum the pupils shall be separated by gender. If the school board offers an instructional program is provided under this subsection, an instructional program that requires the instructor to do all of the following instructional program is recommended:

AB692,6 Section 6. 118.019 (2m) of the statutes is renumbered 118.019 (2m) (a).

AB692,7 Section 7. 118.019 (2m) (b) of the statutes is created to read:

AB692,4,8 118.019 (2m) (b) 1. Beginning in the 2017-18 school year, a school board shall provide to pupils in grades 6 to 12 age-appropriate instruction in the prevention of teen dating violence and sexual violence.

AB692,4,11 2. Teen dating violence prevention education required under this paragraph shall include instruction and materials regarding teen dating violence and sexual violence that include methods for all of the following:

AB692,4,12 a. Recognizing what constitutes a healthy relationship.

AB692,4,14 b. Identifying teen dating violence, abusive behavior, physical intimidation, stalking, physical abuse, sexual violence, and cyberbullying.

AB692,4,16 c. Locating sources for legal, medical, mental health, and other supportive services regarding teen dating violence and sexual violence.

AB692,4,19 d. Appropriate and safe ways for teen bystanders to intervene in teen dating violence, sexual violence, and incidents of stalking and to seek help from supportive adults on behalf of victims.

AB692,4,21 e. Communication skills that help pupils discuss and resolve conflicts within dating relationships with respect and nonviolence.

AB692,4,22 f. Critical thinking skills.

AB692,4,24 g. Skills for pupils to recognize and understand their own individual boundaries and recognize and respect the boundaries of others.

AB692,8 Section 8. 118.019 (2t) of the statutes is created to read:

AB692,5,11 118.019 (2t) Model policy and model curriculum on teen dating violence and sexual violence; school district policies and curricula. (a) 1. By the beginning of the 2017-18 school year, the department shall, working in consultation with the department of children and families, the department of health services, the council on domestic abuse, and advocates from statewide organizations representing victims of domestic abuse and sexual violence, prepare, adopt, and make available to school districts a policy governing the prevention of and appropriate responses to teen dating violence and sexual violence on school grounds, at school-sponsored activities, and in vehicles used for the transportation of pupils to and from school-sponsored activities. The department shall incorporate all of the following in its policy:

AB692,5,13 a. Methods for accommodating pupils who are victims of teen dating violence or sexual violence.

AB692,5,15 b. A requirement that school districts comply with and support compliance with court orders related to teen dating violence and sexual violence.

AB692,5,16 c. Methods for protecting the rights, safety, and privacy of victims.

AB692,5,20 2. The department shall incorporate teen dating violence and sexual violence curriculum into its model health problems education curriculum and shall make the updated health problems education curriculum and the following materials available to school boards prior to the start of the 2017-18 school year:

AB692,5,21 a. Definitions of teen dating violence and sexual violence.

AB692,5,22 b. Skills for recognizing teen dating violence warning signs.

AB692,5,23 c. Characteristics of healthy relationships.

AB692,6,6 d. The meaning of consent, how to communicate consent and the absence of consent, and how to identify consent and the absence of consent. The department shall include in the materials under this subd. 2. d. a discussion about consent that explains all of the following: that consent does not exist when a person is coerced or when permission is implied, assumed, or given under threat; that a person that consents to one act does not thereby consent to any other act; and that consent does not exist when one or all parties involved in an activity are intoxicated or otherwise incapacitated.