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									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 528

STATUS INFORMATION

General Bill
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

2/9/2011
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 9                               A BILL
10
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.
23
24   Be it enacted by the General Assembly of the State of South
25   Carolina:
26
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.
35
36   SECTION 2. Article 5, Chapter 1, Title 59 of the 1976 Code is
37   amended by adding:
38
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,


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 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
13   Education.
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
27   department.
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.”

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2 SECTION 3. This act takes effect upon approval by the Governor.
3                          ----XX----
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