South Carolina General Assembly
119th Session, 2011-2012
Sponsors: Senators Leventis, Matthews, Elliott, Thomas and Anderson
Document Path: l:\council\bills\agm\18583bh11.docx
Introduced in the Senate on February 9, 2011
Currently residing in the Senate Committee on Education
Summary: Dating violence policy
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
2/9/2011 Senate Introduced and read first time (Senate Journal-page 6)
2/9/2011 Senate Referred to Committee on Education (Senate Journal-page 6)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
9 A BILL
11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12 1976, BY ADDING SECTION 59-1-490 SO AS TO REQUIRE
13 THE STATE DEPARTMENT OF EDUCATION TO DEVELOP
14 A MODEL DATING VIOLENCE POLICY TO ASSIST
15 SCHOOL DISTRICTS IN DEVELOPING THEIR OWN
16 POLICIES FOR REPORTING AND RESPONDING TO
17 DATING VIOLENCE, TO PROVIDE WHAT MUST BE
18 INCLUDED IN THE POLICIES, TO PROVIDE REPORTING
19 AND PUBLICATION REQUIREMENTS, AND TO REQUIRE
20 SCHOOL DISTRICTS TO INFORM PARENTS AND
21 GUARDIANS OF THE POLICY AND TO PROVIDE PARENTS
22 WITH A COPY OF THE POLICY UPON REQUEST.
24 Be it enacted by the General Assembly of the State of South
27 SECTION 1. The General Assembly finds that when a student is
28 a victim of dating violence, his or her academic life suffers and his
29 or her safety at school is jeopardized. The General Assembly
30 further finds that because all students have a right to work and
31 study in a safe, supportive environment that is free from
32 harassment, intimidation, and violence, a policy to create an
33 environment free of dating violence among students in grades six
34 through twelve must be present in each school district.
36 SECTION 2. Article 5, Chapter 1, Title 59 of the 1976 Code is
37 amended by adding:
39 “Section 59-1-490. (A) As used in this section:
40 (1) ‘Dating violence’ means a pattern of behavior in which
41 one person uses threats of, or actually uses, physical, sexual,
1 verbal, or emotional abuse to control his or her dating partner, or
2 who engages in stalking as defined in Section 16-3-1700(C).
3 (2) ‘Dating partner’ means a person, regardless of gender,
4 involved in an intimate relationship with another, primarily
5 characterized by the expectation of affectionate involvement
6 whether casual, serious, or long term.
7 (3) ‘At school’ means in a classroom, on or immediately
8 adjacent to school premises, on a school bus or other
9 school-related vehicle, at an official school bus stop, or at a
10 school-sponsored activity or event whether or not it takes place on
11 school grounds.
12 (4) ‘Department’ means the South Carolina Department of
14 (B) On or before December 1, 2011, the department shall
15 develop a model dating violence policy to assist school districts in
16 developing policies for reporting and responding to dating violence
17 among students in grades six through twelve. This policy must
18 include, but may not be limited to, a statement that dating violence
19 will not be tolerated, dating violence reporting procedures,
20 guidelines for responding to at school incidents of dating violence,
21 and disciplinary procedures specific to these incidents.
22 (C)(1) By the beginning of the 2012-2013 school year, each
23 school district shall establish a specific policy to address incidents
24 of dating violence involving students in grades six through twelve.
25 Each school district annually shall verify with the department
26 compliance with this provision, in a manner established by the
28 (2) To ensure notice of the school district’s dating violence
29 policy, the policy must be published in school and school district
30 handbooks or any publications on the school or district website
31 that provides the rules, procedures, or standards of conduct for
32 students at school.
33 (D) Each school district shall inform the students’ parents or
34 legal guardians of the school district’s dating violence policy.
35 Upon request, the school district shall provide parents or legal
36 guardians with a copy of the school district’s dating violence
37 policy and relevant information.
38 (E) This section does not prevent a victim from seeking redress
39 under any other available law, either civil or criminal. This section
40 does not create or alter any tort liability.
41 (F) The provisions of subsections (B), (C), and (D) of this
42 section are subject to the availability of funds for the purposes
43 provided in those subsections.”
2 SECTION 3. This act takes effect upon approval by the Governor.