1 | 1 | | LRB-4994/1 |
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2 | 2 | | FFK:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 728 |
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5 | 5 | | December 6, 2023 - Introduced by Representatives EMERSON, HONG, C. ANDERSON, |
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6 | 6 | | J. ANDERSON, CONLEY, CONSIDINE, DRAKE, JACOBSON, JOERS, MADISON, OHNSTAD, |
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7 | 7 | | ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS and |
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8 | 8 | | CLANCY, cosponsored by Senators AGARD, ROYS, HESSELBEIN, L. JOHNSON, |
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9 | 9 | | LARSON, PFAFF, SMITH, SPREITZER and TAYLOR. Referred to Committee on |
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10 | 10 | | Criminal Justice and Public Safety. |
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11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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12 | 12 | | AN ACT to renumber 118.07 (5); and to create 118.07 (5) (b), 118.47 and 121.02 |
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13 | 13 | | (1) (L) 2m. of the statutes; relating to: teen dating violence prevention |
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14 | 14 | | education. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | This bill requires the Department of Public Instruction to work with the |
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17 | 17 | | Department of Children and Families, the Department of Health Services, the |
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18 | 18 | | Council on Domestic Abuse, and advocates from statewide organizations |
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19 | 19 | | representing victims of domestic abuse and sexual violence, to adopt a policy |
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20 | 20 | | governing the prevention of and appropriate responses to teen dating violence and |
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21 | 21 | | sexual violence when pupils are at school or while pupils are under the supervision |
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22 | 22 | | of a school authority. DPI must adopt this policy and make it available to school |
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23 | 23 | | districts by no later than July 1, 2024. |
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24 | 24 | | The bill also requires DPI to incorporate a teen dating violence and sexual |
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25 | 25 | | violence prevention curriculum into its model health problems education |
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26 | 26 | | curriculum. Under the bill, DPI's teen dating violence and sexual violence |
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27 | 27 | | prevention curriculum must include various topics, including skills for identifying |
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28 | 28 | | teen dating violence, abusive behavior, physical intimidation, stalking, physical |
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29 | 29 | | abuse, sexual violence, and cyberbullying; appropriate and safe ways for teen |
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30 | 30 | | bystanders to intervene in teen dating violence, sexual violence, and incidents of |
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31 | 31 | | stalking and to seek help from supportive adults on behalf of victims; the meaning |
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32 | 32 | | of consent, how to communicate consent, the absence of consent, and how to identify |
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33 | 33 | | consent and the absence of consent; and characteristics of healthy relationships. |
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37 | 37 | | FFK:amn |
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38 | 38 | | ASSEMBLY BILL 728 |
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39 | 39 | | By January 1, 2025, each school board must adopt DPI's policy governing the |
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40 | 40 | | prevention of and appropriate responses to teen dating violence and sexual violence |
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41 | 41 | | or create its own substantially similar policy, and by July 1, 2025, each school board |
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42 | 42 | | must adopt and incorporate DPI's teen dating violence and sexual violence |
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43 | 43 | | prevention curriculum or create and incorporate its own substantially similar |
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44 | 44 | | curriculum. Under the bill, a school board's policy must require a teacher to notify |
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45 | 45 | | a pupil's parent or guardian if the teacher knows or has reason to believe the pupil |
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46 | 46 | | was involved in an incident of teen dating violence or sexual violence that occurred |
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47 | 47 | | at school or under the supervision of a school authority. |
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48 | 48 | | Beginning in the 2025-26 school year, the bill requires school boards to provide |
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49 | 49 | | age-appropriate instruction about teen dating violence prevention to pupils at least |
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50 | 50 | | once in grades 6 to 8 and once in grades 9 to 12. Under the bill, before the first day |
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51 | 51 | | of the school term, school boards must provide parents and guardians a notice about |
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52 | 52 | | instruction in teen dating violence and sexual violence prevention education planned |
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53 | 53 | | for that school term. The notice must include 1) that the written and audiovisual |
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54 | 54 | | educational materials used in the instruction are available for inspection and a copy |
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55 | 55 | | of the materials is available upon request and 2) that a parent or guardian may |
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56 | 56 | | request in writing that their child not receive the instruction. |
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57 | 57 | | Finally, under the bill, school boards must require school district employees |
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58 | 58 | | who have direct contact with pupils in grades 6 to 12 to attend teen dating violence |
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59 | 59 | | and sexual violence prevention training within six months of beginning employment |
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60 | 60 | | and again at least once every five years. |
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61 | 61 | | For further information see the state and local fiscal estimate, which will be |
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62 | 62 | | printed as an appendix to this bill. |
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63 | 63 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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64 | 64 | | enact as follows: |
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65 | 65 | | SECTION 1. 118.07 (5) of the statutes is renumbered 118.07 (5) (a). |
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66 | 66 | | SECTION 2. 118.07 (5) (b) of the statutes is created to read: |
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67 | 67 | | 118.07 (5) (b) A school board shall require every employee of the school district |
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68 | 68 | | governed by the school board who has direct contact with pupils in grades 6 to 12 to |
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69 | 69 | | attend training provided by the department in the prevention of and appropriate |
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70 | 70 | | responses to teen dating violence and sexual violence when pupils are at school or |
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71 | 71 | | while pupils are under the supervision of a school authority. The school board shall |
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72 | 72 | | ensure that a school district employee attends the training required under this |
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80 | 80 | | 8 - 3 -2023 - 2024 Legislature |
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81 | 81 | | LRB-4994/1 |
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82 | 82 | | FFK:amn |
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83 | 83 | | SECTION 2 |
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84 | 84 | | ASSEMBLY BILL 728 |
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85 | 85 | | paragraph within the first 6 months after beginning employment with the school |
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86 | 86 | | district and at least once every 5 years after the initial training. |
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87 | 87 | | SECTION 3. 118.47 of the statutes is created to read: |
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88 | 88 | | 118.47 Teen dating violence prevention education. (1) DEFINITIONS. In |
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89 | 89 | | this section: |
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90 | 90 | | (a) “Abusive behavior" means verbal or physical intimidation, threats, or |
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91 | 91 | | harassment, whether direct, by electronic means, or through other persons. |
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92 | 92 | | (b) “Age-appropriate" has the meaning given in s. 118.019 (1m) (a). |
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93 | 93 | | (c) “Child with a disability" has the meaning given in s. 115.76 (5). |
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94 | 94 | | (d) “Cyberbullying" means the use of information and communication |
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95 | 95 | | technologies, such as a cell phone, computer, Internet site, or electronic mail |
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96 | 96 | | message, to engage in or support deliberate, hostile behavior intended to frighten, |
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97 | 97 | | intimidate, mock, insult, bully, or harm others. |
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98 | 98 | | (e) “Dating partner" means any individual involved in an intimate relationship |
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99 | 99 | | with another individual primarily characterized by the demonstration of affection, |
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100 | 100 | | whether casual, serious, or long-term. |
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101 | 101 | | (f) “Emotional abuse” has the meaning given in s. 46.90 (1) (cm). |
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102 | 102 | | (g) “Harassment” has the meaning given in s. 813.125 (1) (am) 4. |
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103 | 103 | | (h) “Healthy relationship" means an equal relationship free from abusive, |
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104 | 104 | | violent, and controlling behavior in which each individual respects the other's right |
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105 | 105 | | to have his or her own opinions, friends, and activities, and each individual can |
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106 | 106 | | openly communicate with the other individual. |
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107 | 107 | | (i) “Physical abuse" means shaking, arm twisting, pushing, hitting, kicking, |
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108 | 108 | | slapping, strangulation, hair pulling, physical intimidation, or any behavior that |
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109 | 109 | | may result in injury. |
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135 | 135 | | FFK:amn |
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136 | 136 | | SECTION 3 ASSEMBLY BILL 728 |
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137 | 137 | | (j) “Physical intimidation" means an attempt to frighten or coerce another |
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138 | 138 | | individual by physical contact, including by restraining the individual, blocking the |
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139 | 139 | | individual's movements or exits, punching walls, or throwing objects. |
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140 | 140 | | (k) “Sexual contact” has the meaning given in s. 940.225 (5) (b). |
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141 | 141 | | (L) “Sexual violence" means any unwanted sexual contact. |
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142 | 142 | | (m) “Stalking" means willfully and repeatedly following or harassing another |
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143 | 143 | | individual or making a threat with the intent to place that individual in fear for the |
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144 | 144 | | individual's safety or the safety of the individual's family. |
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145 | 145 | | (n) “Teen dating violence" means behavior to which all of the following apply: |
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146 | 146 | | 1. An individual uses abusive behavior, threats of or actual physical abuse, |
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147 | 147 | | sexual violence, cyberbullying, or emotional abuse. |
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148 | 148 | | 2. The effect of the behavior is to dominate, control, or punish the individual's |
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149 | 149 | | dating partner or former dating partner. |
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150 | 150 | | 3. At least one of the dating partners is a teenager. |
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151 | 151 | | (2) DEPARTMENT; DUTIES. (a) By July 1, 2024, the department shall, working in |
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152 | 152 | | consultation with the department of children and families, the department of health |
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153 | 153 | | services, the council on domestic abuse, and advocates from statewide organizations |
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154 | 154 | | representing victims of domestic abuse and sexual violence, prepare, adopt, and |
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155 | 155 | | make available to school districts a policy governing the prevention of and |
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156 | 156 | | appropriate responses to teen dating violence and sexual violence when pupils are |
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157 | 157 | | at school or while pupils are under the supervision of a school authority. The |
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158 | 158 | | department shall incorporate all of the following in its policy: |
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159 | 159 | | 1. Methods for accommodating pupils who are victims of teen dating violence |
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160 | 160 | | or sexual violence. |
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184 | 184 | | 24 - 5 -2023 - 2024 Legislature |
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185 | 185 | | LRB-4994/1 |
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186 | 186 | | FFK:amn |
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187 | 187 | | SECTION 3 |
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188 | 188 | | ASSEMBLY BILL 728 |
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189 | 189 | | 2. A requirement that school districts comply with and support compliance |
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190 | 190 | | with court orders related to teen dating violence and sexual violence. |
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191 | 191 | | 3. Methods for protecting the rights, safety, and privacy of victims. |
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192 | 192 | | (b) In preparing the policy required under par. (a), the department shall take |
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193 | 193 | | into consideration other policies that have been adopted by a school board and that |
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194 | 194 | | directly address the prevention of and appropriate responses to teen dating violence |
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195 | 195 | | and sexual violence, as well as other obligations imposed upon the school board |
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196 | 196 | | related to education and training; the protection and accommodation of a pupil who |
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197 | 197 | | is the victim of bullying, harassment, or assault; and the reporting of suspected child |
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198 | 198 | | abuse and neglect. The department shall explicitly reference those policies and |
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199 | 199 | | obligations in the policy adopted under par. (a). To the greatest extent possible, the |
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200 | 200 | | department shall not duplicate in the policy adopted under par. (a) any requirement |
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201 | 201 | | or obligation imposed upon a school board under a policy adopted by a school board |
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202 | 202 | | or under current law. |
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203 | 203 | | (c) The department shall incorporate a teen dating violence and sexual violence |
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204 | 204 | | prevention curriculum into its model health problems education curriculum. The |
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205 | 205 | | teen dating violence and sexual violence prevention curriculum shall include all of |
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206 | 206 | | the following topics: |
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207 | 207 | | 1. Definitions of teen dating violence and sexual violence. |
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208 | 208 | | 2. Skills for identifying teen dating violence, abusive behavior, physical |
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209 | 209 | | intimidation, stalking, physical abuse, sexual violence, and cyberbullying. |
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210 | 210 | | 3. Appropriate and safe ways for teen bystanders to intervene in teen dating |
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211 | 211 | | violence, sexual violence, and incidents of stalking and to seek help from supportive |
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212 | 212 | | adults on behalf of victims. |
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213 | 213 | | 4. Characteristics of healthy relationships. |
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238 | 238 | | 25 - 6 -2023 - 2024 Legislature LRB-4994/1 |
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239 | 239 | | FFK:amn |
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240 | 240 | | SECTION 3 ASSEMBLY BILL 728 |
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241 | 241 | | 5. The meaning of consent, how to communicate consent, the absence of |
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242 | 242 | | consent, and how to identify consent and the absence of consent. The department |
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243 | 243 | | shall include under this subdivision all of the following: |
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244 | 244 | | a. That consent does not exist when a person is coerced or when permission is |
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245 | 245 | | implied, assumed, or given under threat. |
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246 | 246 | | b. That a person that consents to one act does not thereby consent to any other |
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247 | 247 | | act. |
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248 | 248 | | c. That consent does not exist when one or all parties involved in an activity are |
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249 | 249 | | intoxicated or otherwise incapacitated. |
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250 | 250 | | 6. Communication techniques to help pupils discuss and resolve conflicts |
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251 | 251 | | within dating relationships with respect and nonviolence. |
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252 | 252 | | 7. Methods for exercising critical thinking skills and developing skills for pupils |
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253 | 253 | | to recognize and understand their own individual boundaries and recognize and |
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254 | 254 | | respect the boundaries of others. |
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255 | 255 | | 8. Relevant information about and sources for legal, medical, and mental |
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256 | 256 | | health and other supportive services regarding teen dating violence and sexual |
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257 | 257 | | violence. |
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258 | 258 | | 9. Relevant information about trafficking, as defined in s. 940.302 (1) (d), for |
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259 | 259 | | purposes of a commercial sex act, as defined in s. 940.302 (1) (a). |
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260 | 260 | | (d) The department shall provide training in the prevention of and appropriate |
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261 | 261 | | responses to teen dating violence and sexual violence when pupils are at school or |
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262 | 262 | | while pupils are under the supervision of a school authority to school district |
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263 | 263 | | employees who have direct contact with pupils in grades 6 to 12. |
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264 | 264 | | (3) SCHOOL BOARD; DUTIES. (a) By January 1, 2025, a school board shall adopt |
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265 | 265 | | a policy governing the prevention of and appropriate responses to teen dating |
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290 | 290 | | 25 - 7 -2023 - 2024 Legislature |
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291 | 291 | | LRB-4994/1 |
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292 | 292 | | FFK:amn |
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293 | 293 | | SECTION 3 |
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294 | 294 | | ASSEMBLY BILL 728 |
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295 | 295 | | violence and sexual violence. A school board may adopt the department's model |
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296 | 296 | | policy described under sub. (2) (a) or adopt its own policy. If the school board adopts |
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297 | 297 | | its own policy, the school board shall ensure that the policy includes all of the |
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298 | 298 | | provisions under sub. (2) (a). A school board shall include in a policy adopted under |
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299 | 299 | | this paragraph a requirement that a teacher notify a pupil's parent or guardian if the |
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300 | 300 | | teacher knows or has reason to believe that the pupil was involved in an incident of |
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301 | 301 | | teen dating violence or sexual violence that occurred at school or under the |
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302 | 302 | | supervision of a school authority. |
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303 | 303 | | (b) By July 1, 2025, a school board shall adopt and incorporate the teen dating |
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304 | 304 | | violence and sexual violence prevention curriculum described under sub. (2) (c) into |
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305 | 305 | | its health education program or adopt and incorporate its own teen dating violence |
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306 | 306 | | and sexual violence prevention curriculum that includes all of the topics described |
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307 | 307 | | under sub. (2) (c). |
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308 | 308 | | (c) At the beginning of each school term, or, for a pupil who enrolls in a school |
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309 | 309 | | after the beginning of the school term, at the time of that pupil's enrollment, a school |
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310 | 310 | | board shall notify the parent or guardian of each pupil about the instruction in teen |
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311 | 311 | | dating violence and sexual violence prevention education planned for the school term |
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312 | 312 | | and include in the notice at least all of the following: |
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313 | 313 | | 1. That the written and audiovisual educational materials used in |
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314 | 314 | | comprehensive teen dating violence and sexual violence prevention education are |
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315 | 315 | | available for inspection and that a copy of the instructional materials is available |
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316 | 316 | | upon request. |
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317 | 317 | | 2. That a parent or guardian may request in writing that his or her child not |
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318 | 318 | | receive teen dating violence and sexual violence prevention education. |
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319 | 319 | | SECTION 4. 121.02 (1) (L) 2m. of the statutes is created to read: |
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344 | 344 | | 25 - 8 -2023 - 2024 Legislature LRB-4994/1 |
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345 | 345 | | FFK:amn |
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346 | 346 | | SECTION 4 ASSEMBLY BILL 728 |
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347 | 347 | | 121.02 (1) (L) 2m. Beginning in the 2025-26 school year , provide |
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348 | 348 | | age-appropriate instruction in the prevention of teen dating violence and sexual |
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349 | 349 | | violence to pupils once in any of the grades 6 to 8 and once in any of the grades 9 to |
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350 | 350 | | 12. The school board shall ensure that the instruction provided under this |
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351 | 351 | | subdivision is consistent with the curriculum described in s. 118.47 (3) (b) and that |
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352 | 352 | | the instructors use instructional methods and materials that are consistent with s. |
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353 | 353 | | 118.13 (1). |
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354 | 354 | | (END) |
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