Bill Text: NY A08966 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to harassment of students using electronic means and requires commissioner of education to implement a process for reporting of incidents and requires investigation of reports by school personnel.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-10 - referred to education [A08966 Detail]

Download: New_York-2011-A08966-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8966
                                 I N  A S S E M B L Y
                                   January 10, 2012
                                      ___________
       Introduced by M. of A. GIBSON -- read once and referred to the Committee
         on Education
       AN ACT to amend the education law, in relation to harassment of students
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 16 of the education law, as added by chapter 482 of
    2  the laws of 2010, is amended to read as follows:
    3    S 16. [Protection of people who report]  REPORTING  discrimination  or
    4  harassment.  A.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
    5  PROVIDING FOR A PROCESS BY  WHICH  ANY  EMPLOYEE,  PARENT,  OR  STUDENT,
    6  HAVING  REASONABLE  CAUSE  TO  SUSPECT  AN INCIDENT OF DISCRIMINATION OR
    7  HARASSMENT AS DEFINED IN THIS ARTICLE,  CAN  REPORT  SUCH  INCIDENTS  TO
    8  APPROPRIATE  SCHOOL  OFFICIALS,  AND ALSO PROVIDE GUIDELINES FOR ACTIONS
    9  WHICH SHALL BE TAKEN BY SCHOOL OFFICIALS PURSUANT TO SUCH REPORTS.  SUCH
   10  ACTIONS  MAY  INCLUDE RECOMMENDED COUNSELING, SCHOOL DISCIPLINE, SUSPEN-
   11  SION OR EXPULSION OR REPORTS TO LAW ENFORCEMENT.  SUCH REPORT  SHALL  BE
   12  INVESTIGATED  IMMEDIATELY,  AND  IT  SHALL  BE THE RESPONSIBILITY OF ANY
   13  SCHOOL OFFICIAL TO REPORT AND INVESTIGATE  SUCH  INCIDENTS  AND  RESPOND
   14  APPROPRIATELY  ACCORDING  TO  SUCH RULES AND REGULATIONS.   SUCH REPORTS
   15  SHALL BE MADE AVAILABLE BY THE SCHOOL UPON REQUEST.
   16    B. Any person having reasonable cause to suspect that  a  student  has
   17  been  subjected  to  discrimination  or  harassment  by  an  employee or
   18  student, on school grounds or at a school function, who, acting  reason-
   19  ably  and in good faith, either reports such information to school offi-
   20  cials, to the commissioner, or to law enforcement authorities or  other-
   21  wise  initiates,  testifies,  participates  or  assists in any formal or
   22  informal proceedings under this article, shall have  immunity  from  any
   23  civil  liability  that  may arise from the making of such report or from
   24  initiating, testifying, participating or assisting  in  such  formal  or
   25  informal  proceedings,  and  no  school district or employee shall take,
   26  request or cause a retaliatory  action  against  any  such  person  who,
   27  acting  reasonably  and  in  good  faith,  either makes such a report or
   28  initiates, testifies, participates or assists in such formal or informal
   29  proceedings.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13568-02-1
       A. 8966                             2
    1    S 2. Section 10 of the education law, as added by chapter 482  of  the
    2  laws of 2010, is amended to read as follows:
    3    S 10. Legislative intent. The legislature finds that students' ability
    4  to  learn and to meet high academic standards, and a school's ability to
    5  educate its students, are compromised by incidents of discrimination  or
    6  harassment  including  bullying,  taunting or intimidation. It is hereby
    7  declared to be the policy of the state to afford all students in  public
    8  schools  an  environment  free  of  discrimination  and  harassment. The
    9  purpose of this article is to foster civility in public schools  and  to
   10  prevent  and  prohibit  conduct  which  is  inconsistent with a school's
   11  educational mission. PUBLIC SCHOOLS SHALL  HAVE  THE  RESPONSIBILITY  TO
   12  FOSTER  A  LEARNING ENVIRONMENT FREE FROM INCIDENTS OF DISCRIMINATION OR
   13  HARASSMENT INCLUDING BULLYING, TAUNTING OR INTIMIDATION  AS  DEFINED  IN
   14  THIS ARTICLE.
   15    S  3.  Subdivision  7  of section 11 of the education law, as added by
   16  chapter 482 of the laws of 2010, is amended to read as follows:
   17    7. "Harassment" shall mean the INTENTIONAL creation of a hostile envi-
   18  ronment  [by  conduct  or]  by  MEANS  OF  ELECTRONIC,  WRITTEN,  verbal
   19  [threats]  COMMUNICATION OR PHYSICAL CONDUCT, intimidation or abuse that
   20  has or would have the effect of unreasonably and substantially interfer-
   21  ing with a student's educational performance, opportunities or benefits,
   22  or mental, emotional or physical  well-being;  or  ELECTRONIC,  WRITTEN,
   23  VERBAL COMMUNICATION OR PHYSICAL conduct, [verbal threats,] intimidation
   24  or abuse that reasonably causes or would reasonably be expected to cause
   25  a student to fear for his or her physical safety; such ELECTRONIC, WRIT-
   26  TEN  OR  VERBAL  COMMUNICATION  OR  PHYSICAL  conduct, [verbal threats,]
   27  intimidation or abuse includes but is not limited to  [conduct,  verbal]
   28  threats,  intimidation  or abuse based on a person's actual or perceived
   29  race, color, weight, national origin, ethnic group, religion,  religious
   30  practice, disability, sexual orientation, gender or sex.
   31    S  4.  This  act  shall  take  effect on the same date and in the same
   32  manner as chapter 482 of the laws of 2010 takes effect.