2021 - 2022 LEGISLATURE
February 17, 2022 - Introduced by Senators Petrowski, Agard and Roys,
cosponsored by Representatives
Kerkman, Emerson, Hong, Milroy, Moses,
Sinicki, Subeck, Stubbs and Allen. Referred to Committee on Education.
1An Act to renumber
118.07 (5); and
118.07 (5) (b), 118.47 and 121.02 2
(1) (L) 2m. of the statutes; relating to: teen dating violence and sexual violence
3prevention education and training.
Analysis by the Legislative Reference Bureau
This bill requires school boards to provide age-appropriate instruction to
pupils, at least once in grades six to eight and at least once in grades 9 to 12, in the
prevention of teen dating violence and sexual violence and establishes certain
criteria governing the instruction provided. The bill requires the Department of
Public Instruction to prepare, by January 1, 2023, a policy governing the prevention
of and appropriate responses to teen dating violence and sexual violence when pupils
are at school and while pupils are under the supervision of a school authority. The
bill also requires DPI to incorporate a teen dating violence and sexual violence
prevention curriculum into DPI's model health problems education curriculum.
Each school board must adopt either DPI's policy and curriculum or the school
board's own policy and curriculum by July 1, 2023.
Finally, the bill requires DPI to provide training to all school district employees
who have direct contact with pupils in grades 6 to 12 in the prevention of and
appropriate responses to teen dating violence and sexual violence when pupils are
at school and while pupils are under the supervision of a school authority. A school
district employee must attend such training within the first six months after
beginning employment with the school district and at least once every five years after
the initial training.
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:
118.07 (5) of the statutes is renumbered 118.07 (5) (a).
118.07 (5) (b) of the statutes is created to read:
(b) A school board shall require every employee of the school district 4
governed by the school board who has direct contact with pupils in grades 6 to 12 to 5
attend training provided by the department under s. 118.47 (2) (c) in the prevention 6
of and appropriate responses to teen dating violence and sexual violence when pupils 7
are at school and while pupils are under the supervision of a school authority. The 8
school board shall ensure that a school district employee attends the training 9
required under this paragraph within the first 6 months after beginning 10
employment with the school district and at least once every 5 years after the initial 11
118.47 of the statutes is created to read:
13118.47 Teen dating violence prevention education. (1) Definitions.
(a) “Abusive behavior" means verbal or physical intimidation, threats, or 16
harassment, whether direct, by electronic means, or through other persons.
(b) “Cyberbullying" means the use of information and communication 18
technologies, such as a cellular telephone, computer, Internet site, or electronic mail 19
message, to engage in or support deliberate, hostile behavior intended to frighten, 20
intimidate, mock, insult, bully, or harm others.
(c) “Dating partner" means any individual involved in an intimate relationship 2
with another individual primarily characterized by the demonstration of affection, 3
whether casual, serious, or long-term.
(d) “Emotional abuse” has the meaning given in s. 46.90 (1) (cm).
(e) “Harassment” has the meaning given in s. 813.125 (1) (am) 4.
(f) “Healthy relationship" means an equal relationship free from abusive, 7
violent, and controlling behavior in which each individual respects the other's right 8
to have his or her own opinions, friends, and activities and each individual can openly 9
communicate with the other individual.
(g) “Physical abuse" means shaking, arm twisting, pushing, hitting, kicking, 11
slapping, strangulation, hair pulling, physical intimidation, or any behavior that 12
may result in injury.
(h) “Physical intimidation" means an attempt to frighten or coerce another 14
individual by physical contact, including by restraining the individual, blocking the 15
individual's movements or exits, punching walls, or throwing objects.
(i) “Sexual contact” has the meaning given in s. 940.225 (5) (b).
(j) “Sexual violence" means any unwanted sexual contact.
(k) “Stalking” means willfully and repeatedly following or harassing another 19
individual or making a threat with the intent to place that individual in fear for the 20
individual's safety or the safety of the individual's family.
(L) “Teen dating violence" means behavior to which all of the following apply:
1. An individual uses abusive behavior, threats of or actual physical abuse, 23
sexual violence, cyberbullying, or emotional abuse.
2. The effect of the behavior is to dominate, control, or punish the individual's 25
dating partner or former dating partner.
3. At least one of the dating partners is a teenager.
2(2) Department; duties.
(a) By January 1, 2023, the department shall, working 3
in consultation with the department of children and families, the department of 4
health services, the council on domestic abuse, and advocates from statewide 5
organizations representing victims of domestic abuse and sexual violence, prepare, 6
adopt, and make available to school districts a policy governing the prevention of and 7
appropriate responses to teen dating violence and sexual violence when pupils are 8
at school and while pupils are under the supervision of a school authority. The 9
department shall incorporate all of the following in its policy:
1. Methods for accommodating pupils who are victims of teen dating violence 11
or sexual violence.
2. A requirement that school districts comply with and support compliance 13
with court orders related to teen dating violence and sexual violence.
3. Methods for protecting the rights, safety, and privacy of victims.
(b) The department shall incorporate a teen dating violence and sexual violence 16
prevention curriculum into the department's model health problems education 17
curriculum. The teen dating violence and sexual violence prevention curriculum 18
shall include all of the following topics:
1. Definitions of teen dating violence and sexual violence.
2. Skills for identifying teen dating violence, abusive behavior, physical 21
intimidation, stalking, physical abuse, sexual violence, and cyberbullying.
3. Appropriate and safe ways for teen bystanders to intervene in teen dating 23
violence, sexual violence, and incidents of stalking and to seek help from supportive 24
adults on behalf of victims.
4. Characteristics of healthy relationships.
5. The meaning of consent, how to communicate consent, the absence of 2
consent, and how to identify consent and the absence of consent. The department 3
shall include under this subdivision all of the following:
a. That consent does not exist when an individual is coerced or when permission 5
is implied, assumed, or given under threat.
b. That an individual who consents to one act does not thereby consent to any 7
c. That consent does not exist when one or all parties involved in an activity are 9
intoxicated or otherwise incapacitated.
6. Communication techniques to help pupils discuss and resolve conflicts 11
within dating relationships with respect and nonviolence.
7. Methods for exercising critical thinking skills and developing skills for pupils 13
to recognize and understand their own individual boundaries and recognize and 14
respect the boundaries of others.
8. Relevant information about and sources for legal, medical, and mental 16
health and other supportive services regarding teen dating violence and sexual 17
9. Relevant information about trafficking, as defined in s. 940.302 (1) (d), for 19
purposes of a commercial sex act, as defined in s. 940.302 (1) (a).
(c) The department shall provide to school district employees who have direct 21
contact with pupils in grades 6 to 12 training in the prevention of and appropriate 22
responses to teen dating violence and sexual violence when pupils are at school and 23
while pupils are under the supervision of a school authority.