State Law Guide
TEEN DATING ABUSE EDUCATION
AND SCHOOL POLICIES
www.nyclu.org
www.legalmomentum.org
Datingabuseistheuseofabusivebehaviorsbyapersontoharm,threaten,intimidateor
controlacurrentorformerdatingpartner.Datingabusecaninclude,butisnotlimitedto,
physical,emotionalandsexualabuse.Datingabuseisawidespreadproblem--nationally,
upto40percentofteenshavebeeninabusiverelationshipsandofthosethathave,43
percentexperiencedabusewhileatschool.Severalstatesnowrequireschooldistrictsto
adoptpoliciesondatingabuseamongstudents,whichincludeprovidingdatingabuse
educationtostudentsand/orprotectingtargetsofdatingabusewhiletheyareoncampus.
Thisguidetrackscurrentlawsandpendinglegislationrelatingtodatingabuse.
RECOMMENDED PROVISIONS FOR SCHOOL DATING ABUSE POLICIES
It is crucial to approach the issue of dating abuse by examining the needs of the
targets of abuse and how changes to school policy might help them. Most
school districts already have clear disciplinary procedures for violence and ha-
rassment that occurs on campus; what schools lack are the support systems that
can enable a target of dating abuse to retain access to his or her education de-
spite experiencing abuse. For this reason, the recommended provisions below
take a non-punitive approach to addressing dating abuse by focusing on the
needs of a target of dating abuse. School districts in Texas, Rhode Island and
Washington DC have already implemented policies focused on the targets of
dating abuse. Recommended provisions include:
• A statement that dating abuse and sexual assault will not be tolerated by the school.
• The designation of a staff member as “Dating Abuse Coordinator” and the
notification to students, parents and teachers that this individual handles all
complaints and requests relating to dating abuse. The coordinator must
recieve substantial training on dating abuse and safety issues that may arise
for targets of abuse.
• Creation of in-school stay-away orders that require the abuser to maintain a
certain distance from the target of the abuse at all times, and require the
abuser to refrain from contacting the target. The school should also create
reporting and enforcement procedures for violations of stay-away orders.
• Accommodations that can be granted to a target of abuse to assist him or her to
avoid the abuser on campus, including: change of locker assignment, change of
lab group or work group assignment, schedule changes, and designated routes
for the abuser and target in and out of the school building.
• Accommodations for targets of abuse that allow them to pursue legal action
against the abuser or obtain necessary counseling or medical care for the
abuse, including excused absences from classes.
• Methods for enforcing civil or criminal orders of protection held by students.
• Training for all school staff, including any security guards or police personnel
that work at the school, on dating abuse and sexual assault, as well as how
to handle reports of dating abuse by students, enforcement of the school’s
dating abuse policy, and enforcement of civil or criminal orders of protection.
Formore information
please contact NYCLU staff
attorney Naomi Shatz,
(212) 607-3376.
May 2010
• Creation of a system of referrals to community-based
organizations and mental and physical health care
services for targets and perpetrators of dating abuse
and sexual assault.
• As with all discipline problems at school, schools
should use restorative practices to allow perpetrators
of abuse to recognize and change their behaviors through
counseling and support services. Exclusionary discipline
(e.g. suspensions, detentions) and police involvement
should only be used as a last resort if the abuse poses a
significant danger to the school community.
STATES WITH LAWS ADDRESSING TEEN
DATING ABUSE IN THE SCHOOLS
ARIZONA: Ariz. Rev. Stat. § 15-342.02, 15-712.01
(Az. 2010)
Section 15-342.02 allows, but does not require, school
districts to adopt and enforce policies to address incidents
of dating abuse involving students at school.
Section 15-712.01 allows, but does not require, school
districts to incorporate dating violence education into
health curricula for grades 7-12.
DELAWARE: S.C.R. 21 (De. 2009)
This resolution, passed in June 2009, establishes a Teen
Dating Violence Task Force to evaluate and make recom-
mendations on policies for education on teen dating vio-
lence.
FLORIDA: CS/HB 467, 2010 Sess. (Fla. 2010)
This law requires that health education include education
on dating abuse for students in grades 7-12. The law fur-
ther requires school boards to adopt dating violence and
abuse policies. The policies must prohibit dating abuse
and provide for procedures to respond to dating abuse.
The Department of Education is tasked with developing a
model policy.
GEORGIA: Ga. Code Ann. § 20-2-314 (Ga. 2009)
This law requires the state Board of Education to develop
a rape prevention and personal safety education program,
and a program for preventing teen dating violence, for
grades 8-12. The law does not specify the parameters of
the program or require schools to address any specific
topics. Local boards of education may implement these
programs at any time, but are not required to do so.
ILLINOIS: 105 Ill. Comp. Stat. § 110/3 (Il. 2009)
This law includes dating violence education in the Com-
prehensive Health Education program for grades 8-12.
INDIANA: Ind. Code § 20-19-3-10 (In. 2010)
This law requires the Department of Education to de-
velop model dating violence education materials and a
model dating violence response policy.
LOUISIANA: H.B. 46, 2010 Sess. (La. 2010)
This law requires each public school to provide dating vio-
lence education as part of its health curriculum in grades 7-12.
MAINE: H.P. 760-L.D. 1105, 124th Legislature (Me. 2009)
This resolve directs the Department of Education to re-
view its policies and rules regarding faculty and student
training on the topic of dating abuse, and to review its ad-
ministrative policies to determine which address dating
abuse.
MARYLAND: Md. Code Ann. Educ. § 7-411.1 (Md. 2009)
This law encourages schools to adopt age-appropriate
dating violence education into the school curricula.
MASSACHUSETTS: S2404, 186th Sess. (Ma. 2010)
This law primarily deals with the prevention of bullying,
but modifies the state’s academic standards to allow for
instruction on a range of topics including dating violence.
NEBRASKA: Neb. Rev. Stat. §79.2139-2142 (Nb. 2009)
This law requires each school district to develop and
adopt a policy to address incidents of dating violence, in-
cluding training for staff. The state department of educa-
tion is required to develop a model policy to assist the
school districts. The law also requires each school district
to incorporate dating violence education into the school
curriculum.
NEW HAMPSHIRE: H.C.R. 7, 2009 Reg. Sess. (N.H. 2009)
This concurrent resolution endorses Rhode Island’s Lind-
say Ann Burke Act, and encourages the New Hampshire
department of education to devise and implement teen
dating violence policies. The resolution recommends that
the policies include: “a mission statement emphasizing
that dating violence is unacceptable and will not be toler-
ated as well as the establishment of guidelines and disci-
pline procedures to respond to incidents taking place at
school or on school grounds, and urges school districts to
incorporate dating violence education into health educa-
tion curriculums in middle and or high school.”
NEW JERSEY: N.J. Rev. Stat. § 18A:35-4.23 (N.J. 2010)
This law allows, but does not require, boards of education
to include education on domestic violence, dating violence
and child abuse in school curricula.
OHIO: H.B. 19, 128th Leg. Sess., Modifying O.R.C. §§
3313.60, 3313.666, 3314.35, 3319.073, 3319.39 and
3327.10 (Ohio 2009)
This law, the “Tina Croucher Act,” requires the state
board of education to develop a model dating violence pol-
icy, and each local board of education to adopt a dating vi-
olence policy to address incidents of dating violence
involving students. Under this law policies must include: a
statement that dating violence will not be tolerated, dating
violence reporting procedures, guidelines to responding to
at-school incidents of dating violence, and discipline proce-
dures specific to at-school incidents of dating violence. The
boards of education are required to train school staff to
address dating violence. The bill also requires age-appro-
priate dating violence education in grades 7-12.
RHODE ISLAND: Lindsay Ann Burke Act, R.I.G.L.
16-21-30 & R.I.G.L. 16-22-24 (R.I. 2009)
This law requires schools to establish policies to address inci-
dents of dating abuse that must include: “a statement that dat-
ing violence will not be tolerated, dating violence reporting
procedures, guidelines to responding to at school incidents of
dating violence and discipline procedures specific to such inci-
dents.” The law also requires that all middle and high school
staff be trained on dating violence. The law requires that each
school district incorporate education about dating violence
into its annual health curriculum for grades 7-12.
TENNESSEE: Tenn. Code. § 49-1-220 (Tn. 2009)
This law encourages, but does not require, the state De-
partment of Education to develop a sexual and dating vio-
lence curriculum for students in grades 7-12. According to
the law: “The curriculum should include instruction to in-
crease students' awareness and understanding of teen dat-
ing violence and sexual violence, including, but not limited
to, date, acquaintance, and stranger rape and statutory
rape, rape prevention strategies, resources and support
available to victims of teen dating violence and sexual vio-
lence, and prosecution of crimes associated with teen dat-
ing and sexual violence.”
TEXAS: Tex. Educ. Code § 37.0831 (Tx. 2009)
This law requires each school district to adopt and imple-
ment a dating violence policy. The policies must address:
safety planning, enforcement of orders of protection,
training for school staff, counseling for students, and
awareness education for students and parents.
UTAH: H.C.R. 2, 2009 Gen. Sess. (Ut. 2009)
This concurrent resolution of the legislature and governor
encourages the Utah State Board of Education and Utah
State Board of Regents to ensure that all middle school,
junior high school, senior high school and post-secondary
education programs provide materials and services on do-
mestic and dating violence.
VIRGINIA: Va. Code § 22.1-207.1 (Va. 2009)
This law requires the state Board of Education to develop
curriculum guidelines for family life education in grades K-
12 that include: dating violence, the characteristics of abu-
sive relationships, steps to avoid sexual assault and the
availability of counseling and legal resources.
WASHINGTON: Wash. Rev. Code § 28A.300.185
(Wa. 2010)
This law requires the Office of the Superintendent of Public
Instruction to develop a model family preservation curriculum
that includes instruction on domestic and dating violence.
STATES WITH PROPOSED LEGISLATION
RELATING TO TEEN DATING
ABUSE IN THE SCHOOLS
CALIFORNIA: S.B. 1300, 2009-2010 Sess. (Ca. 2010)
This bill would allow school districts to provide age-appropri-
ate instruction on teen dating violence prevention in the health
curriculum for grades 7-12. It also provides that the state
Board of Education will incorporate dating violence prevention
into its health curriculum.
CONNECTICUT: H.B. 6494, S.B. 474, H.B. 5706, H.B.
5768, 2009 Reg. Sess. (Ct. 2009)
H.B. 6494 and S.B. 474 would require the state to inte-
grate dating violence education into the schools’ health
curriculum.
H.B. 5706 and H.B. 5768 would require the state Depart-
ment of Education to use the “Safe Dates” curriculum to
train middle and high school teachers.
GEORGIA: S.B. 217, H.B. 1018, 2009-2010 Legislative
Sess. (Ga. 2010)
S.B. 217 would require the state sex education curriculum
to include dating violence education for grades 8-12. The
bill would also require each local school board to develop
a dating violence response policy for students in grades 6-
12. These policies would include: “a statement that dating
violence will not be tolerated, dating violence reporting
procedures, guidelines to responding to at-school inci-
dents of dating violence, and discipline procedures specific
to such incidents.”
H.B. 1018 would require the state Board of Education to
incorporate Liz Claiborne’s “Love is Not Abuse” program
into its rape prevention education program. The bill
would allow, but not require, local school boards to im-
plement dating abuse education programs as well.
HAWAII: H.B. 1672, 25th Leg. (HI 2009)
H.B. 1672 would require the state Department of Educa-
tion to develop a model dating violence policy to assist
schools in developing dating violence policies. The policy
must include: “a statement that dating violence will not be
tolerated, dating violence reporting procedures, guide-
lines to responding to at school incidents of dating vio-
lence and discipline procedures specific to such incidents.”
The Department of Education would be required to train
middle and high school staff annually on dating violence
education. The bill also requires the Department of Edu-
cation to incorporate age-appropriate dating violence ed-
ucation into any annual health curriculum for grades 7-12.
IOWA: S.F. 2034, 2010 Sess. (Ia. 2010)
This bill would require schools to incorporate dating violence
education into their health curricula for grades 7-12. Every
school district would be required to adopt a policy to address
incidents of dating violence involving students at school. In
addition to the policy, each school district would provide
training for all middle school administrators, teachers, nurses
and mental health staff.
KANSAS: H.B. 2628, 2010 Session (Ks. 2010)
This bill would amend Kansas’ current bullying law to include
dating violence. The law would require each school district to
adopt a plan to deal with dating violence at school, on school
vehicles or at school-sponsored events.
MARYLAND: S.B. 984, H.B. 911, 427th Session (Md.
2010)
These bills would repeal the existing Maryland law encourag-
ing schools to adopt dating violence education, and instead re-
quire public schools to adopt an educational program before
the 6th grade on dating violence.
MASSACHUSETTS: H.B. 490, H.B. 1125, H.B. 453,
186th Sess. (Ma. 2010)
These bills would require schools to adopt a specific pol-
icy and discipline code to address dating violence. They
would also add “safe and healthy relationships” to the
topics included in health education instruction.
MICHIGAN: H.B. 5021, S.B. 0665, 2009 Reg. Sess (Mi. 2009)
These bills would require every school district to adopt a
dating violence policy and incorporate age-appropriate
dating violence education into the curriculum for grades
7-12. They would also require the Department of Educa-
tion to develop a model dating violence policy and model
curriculum. They would further require the boards of ed-
ucation to train school teachers and administrators on
how to address dating violence.
NEW JERSEY: A.1329, S.1332, 214th Leg. (N.J. 2010)
This bill would require every school district to adopt a
dating violence policy that includes: a statement that dat-
ing violence will not be tolerated, dating violence report-
ing procedures, guidelines for responding to in-school
incidents of dating abuse, and discipline procedures spe-
cific to dating abuse. The law would also provide that, if
funds are available, school districts should train school
employees on dating abuse.
NEW YORK: A.819, A.10206, S.2537, S.7131, 2010
Leg. Sess. (N.Y. 2010)
A.819 and S.2537, known as the “Kari Ann Gorman Act,”
would require school districts to develop age-appropriate
dating violence education for grades 7-12. The act would
also require each school district to establish a policy to ad-
dress incidents of dating violence. The Department of Ed-
ucation and Office on the Prevention of Domestic
Violence would have to develop a model school policy to
assist school districts in the development of their own
policies. Under this act the policies would include: a state-
ment that dating violence will not be tolerated, dating vio-
lence reporting procedures, guidelines to responding to
at-school incidents of dating violence, and discipline pro-
cedures for incidents of dating violence. The act also re-
quires school districts to train all middle and high school
staff to address dating violence, and requires school dis-
tricts to notify parents and guardians of the policy.
A.10206 and S.7131, known as the “Jessica Tush Act,”
would require school districts to incorporate age-appropri-
ate dating violence education into the curriculum for vari-
ous class subjects in grades 7-12. The act would also
require each school district to establish a policy to address
incidents of dating violence. The Department of Education
and Office on the Prevention of Domestic Violence would
have to develop a model school policy to assist school dis-
tricts in the development of their own policies. These poli-
cies would include: dating violence reporting procedures,
guidelines to responding to at-school incidents of dating vi-
olence, discipline procedures for incidents of dating vio-
lence, and an option for targets of dating abuse to be
allowed to request that the perpetrator be transferred to
another school. Each school district would have to provide
training to staff on how to address dating violence, and no-
tice of the policy to parents and guardians. This law would
also require school districts to incorporate respect and self
esteem education into the curriculum for grades K-6.
OKLAHOMA: S.B. 1098, 52nd Leg. (Ok. 2009)
This bill would require the state Department of Education
to develop a model dating violence policy and each district
board of education to establish dating violence policies.
These policies would include: “a statement that dating vi-
olence will not be tolerated, reporting procedures for
dating violence, guidelines to responding to at school inci-
dents of dating violence and discipline procedures specific
to such incidents.” Each district would provide training to
middle and high school staff on addressing dating violence.
The bill would also require each school district to incor-
porate age-appropriate dating violence education into the
annual health curriculum for grades 7-12. The education
would include: “defining dating violence, recognizing dat-
ing violence warning signs and characteristics of healthy
relationships.”
PENNSYLVANIA: S.B. 56, S.B. 1116, H.B. 2026,
2009 Leg. Sess. (Pa. 2009)
S.B. 56 would authorize the Office for Safe Schools to
make grants to fund programs addressing school violence,
including dating violence.
S.B. 116 would authorize the Office for Safe Schools to
make grants to fund programs addressing school violence,
including dating violence. The bill would also require each
school to develop a dating violence policy, working in con-
junction with local rape crisis and domestic violence or-
ganizations. Schools would further have to provide
training to staff on how to address dating violence, and in-
corporate dating violence education into the curriculum
for grades 7-12. The Office for Safe Schools would be re-
quired to develop a model dating violence policy.
The House bill would require each school to develop a
dating violence policy, train staff on dating violence issues,
and incorporate dating violence education into the cur-
riculum for grades 7-12, but would not require schools to
work with local rape crisis and domestic violence organi-
zations to do so. This bill would require the Department
of Education to develop a model dating violence policy.
SOUTH CAROLINA: S. 266, H. 3202, H. 3543,
118th Sess. (S.C. 2009)
This bill would require the state Department of Education
and the South Carolina Coalition Against Domestic Vio-
lence and Sexual Assault to develop a model dating vio-
lence policy, and would require each school district to
establish a specific policy to address incidents of dating vi-
olence involving students at school. The policy must in-
clude: “a statement that dating violence will not be
tolerated, dating violence reporting procedures, guide-
lines to responding to at school incidents of dating vio-
lence, and discipline procedures specific to these
incidents.” Each school district would provide dating vio-
lence training to school staff who work with students in
grades 6-12. The bill would also require each school dis-
trict to to incorporate age-appropriate dating violence ed-
ucation into the annual health curriculum for grades 6-12
H. 3202 is substantially identical to S. 266. H. 3543 is sub-
stantially identical to the other two bills except that it only
requires the dating violence policy, not dating violence education.
