2019 - 2020 LEGISLATURE
August 28, 2019 - Introduced by Representatives Sargent, Spiros, Anderson,
Billings, Bowen, Crowley, Fields, Gruszynski, Kerkman, Mursau, Novak,
Ohnstad, Sinicki, Skowronski, Spreitzer, Stubbs, Subeck, C. Taylor, Vining,
Zimmerman, Milroy and Neubauer, cosponsored by Senators Petrowski,
Shilling, Johnson, Larson, Risser, Schachtner and Wirch. 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 prevention
Analysis by the Legislative Reference Bureau
This bill requires schools to provide teen dating violence prevention education
and establishes certain criteria governing the instruction provided. The bill requires
the Department of Public Instruction to prepare, by July 1, 2020, a policy governing
the prevention of and appropriate responses to teen dating violence and sexual
violence when pupils are at school or while pupils are under the supervision of a
school authority. By January 1, 2021, each school board must adopt either DPI's
policy and curriculum or its own policy and curriculum. The bill also requires DPI
to incorporate teen dating violence and sexual violence prevention curriculum into
its model health curriculum.
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 2
governed by the school board who has direct contact with pupils in grades 6 to 12 to 3
attend training provided by the department in the prevention of and appropriate 4
responses to teen dating violence and sexual violence when pupils are at school or 5
while pupils are under the supervision of a school authority. The school board shall 6
ensure that a school district employee attends the training required under this 7
paragraph within the first 6 months after beginning employment with the school 8
district and at least once every 5 years after the initial training.
118.47 of the statutes is created to read:
10118.47 Teen dating violence prevention education. (1) Definitions.
(a) “Abusive behavior" means verbal or physical intimidation, threats, or 13
harassment, whether direct, by electronic means, or through other persons.
(b) “Age-appropriate" has the meaning given in s. 118.019 (1m) (a).
(c) “Child with a disability" has the meaning given in s. 115.76 (5).
(d) “Cyberbullying" means the use of information and communication 17
technologies, such as a cell phone, computer, Internet site, or electronic mail 18
message, to engage in or support deliberate, hostile behavior intended to frighten, 19
intimidate, mock, insult, bully, or harm others.
(e) “Dating partner" means any individual involved in an intimate relationship 21
with another individual primarily characterized by the demonstration of affection, 22
whether casual, serious, or long-term.
(f) “Emotional abuse” has the meaning given in s. 46.90 (1) (cm).
(g) “Harassment” has the meaning given in s. 813.125 (1) (am).
(h) “Healthy relationship" means an equal relationship free from abusive, 2
violent, and controlling behavior in which each individual respects the other's right 3
to have his or her own opinions, friends, and activities, and each individual can 4
openly communicate with the other individual.
(i) “Physical abuse" means shaking, arm twisting, pushing, hitting, kicking, 6
slapping, strangulation, hair pulling, physical intimidation, or any behavior that 7
may result in injury.
(j) “Physical intimidation" means an attempt to frighten or coerce another 9
individual by physical contact, including by restraining the individual, blocking the 10
individual's movements or exits, punching walls, or throwing objects.
(k) “Sexual contact” has the meaning given in s. 940.225 (5) (b).
(L) “Sexual violence" means any unwanted sexual contact.
(m) “Stalking" means willfully and repeatedly following or harassing another 14
individual or making a threat with the intent to place that individual in fear for the 15
individual's safety or the safety of the individual's family.
(n) “Teen dating violence" means behavior in which all of the following apply:
1. An individual uses abusive behavior, threats of or actual physical abuse, 18
sexual violence, cyberbullying, or emotional abuse.
2. The effect of the behavior is to dominate, control, or punish the individual's 20
dating partner or former dating partner.
3. At least one of the partners is a teenager.
22(2) Department; duties.
(a) By July 1, 2020, the department shall, working in 23
consultation with the department of children and families, the department of health 24
services, the council on domestic abuse, and advocates from statewide organizations 25
representing victims of domestic abuse and sexual violence, prepare, adopt, and
make available to school districts a policy governing the prevention of and 2
appropriate responses to teen dating violence and sexual violence when pupils are 3
at school or while pupils are under the supervision of a school authority. The 4
department shall incorporate all of the following in its policy:
1. Methods for accommodating pupils who are victims of teen dating violence 6
or sexual violence.
2. A requirement that school districts comply with and support compliance 8
with court orders related to teen dating violence and sexual violence.
3. Methods for protecting the rights, safety, and privacy of victims.
(b) In preparing the policy required under par. (a), the department shall take 11
into consideration other policies that have been adopted by a school board and that 12
directly address the prevention of and appropriate responses to teen dating violence 13
and sexual violence, as well as other obligations imposed upon the school board 14
related to education and training; the protection and accommodation of a pupil who 15
is the victim of bullying, harassment, or assault; and the reporting of suspected child 16
abuse and neglect. The department shall explicitly reference those policies and 17
obligations in the policy adopted under par. (a). To the greatest extent possible, the 18
department shall not duplicate in the policy adopted under par. (a) any requirement 19
or obligation imposed upon a school board under a policy adopted by a school board 20
or under current law.
(c) The department shall incorporate a teen dating violence and sexual violence 22
prevention curriculum into its model health problems education curriculum. The 23
teen dating violence and sexual violence prevention curriculum shall include all of 24
the following topics:
1. Definitions of teen dating violence and sexual violence.
2. Skills for identifying teen dating violence, abusive behavior, physical 2
intimidation, stalking, physical abuse, sexual violence, and cyberbullying.
3. Appropriate and safe ways for teen bystanders to intervene in teen dating 4
violence, sexual violence, and incidents of stalking and to seek help from supportive 5
adults on behalf of victims.
4. Characteristics of healthy relationships.
5. The meaning of consent, how to communicate consent, the absence of 8
consent, and how to identify consent and the absence of consent. The department 9
shall include under this subdivision all of the following:
a. That consent does not exist when a person is coerced or when permission is 11
implied, assumed, or given under threat.
b. That a person that consents to one act does not thereby consent to any other 13
c. That consent does not exist when one or all parties involved in an activity are 15
intoxicated or otherwise incapacitated.
6. Communication techniques to help pupils discuss and resolve conflicts 17
within dating relationships with respect and nonviolence.
7. Methods for exercising critical thinking skills and developing skills for pupils 19
to recognize and understand their own individual boundaries and recognize and 20
respect the boundaries of others.
8. Relevant information about and sources for legal, medical, and mental 22
health and other supportive services regarding teen dating violence and sexual 23