Bill Text: NY A02746 | 2013-2014 | General Assembly | Introduced
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 5-0)
Status: (Introduced - Dead) 2013-12-06 - enacting clause stricken [A02746 Detail]
Download: New_York-2013-A02746-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2746
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
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 amended by chapter 102
2 of the laws of 2012, is amended to read as follows:
3 S 16. [Protection of people who report] REPORTING harassment, bullying
4 or discrimination. A. THE COMMISSIONER SHALL PROMULGATE RULES AND REGU-
5 LATIONS PROVIDING FOR A PROCESS BY WHICH ANY EMPLOYEE, PARENT, OR
6 STUDENT, HAVING REASONABLE CAUSE TO SUSPECT AN INCIDENT OF DISCRIMI-
7 NATION OR HARASSMENT AS DEFINED IN THIS ARTICLE, CAN REPORT SUCH INCI-
8 DENTS TO APPROPRIATE SCHOOL OFFICIALS, AND ALSO PROVIDE GUIDELINES FOR
9 ACTIONS WHICH SHALL BE TAKEN BY SCHOOL OFFICIALS PURSUANT TO SUCH
10 REPORTS. SUCH ACTIONS MAY INCLUDE RECOMMENDED COUNSELING, SCHOOL DISCI-
11 PLINE, SUSPENSION OR EXPULSION OR REPORTS TO LAW ENFORCEMENT. SUCH
12 REPORT SHALL BE INVESTIGATED IMMEDIATELY, AND IT SHALL BE THE RESPONSI-
13 BILITY OF ANY SCHOOL OFFICIAL TO REPORT AND INVESTIGATE SUCH INCIDENTS
14 AND RESPOND APPROPRIATELY ACCORDING TO SUCH RULES AND REGULATIONS. SUCH
15 REPORTS 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 harassment, bullying or discrimination, by an employee
18 or student, on school grounds or at a school function, who, acting
19 reasonably and in good faith, reports such information to school offi-
20 cials, to the commissioner or to law enforcement authorities, acts in
21 compliance with paragraph e or i of subdivision one of section thirteen
22 of this article, or otherwise initiates, testifies, participates or
23 assists in any formal or informal proceedings under this article, shall
24 have immunity from any civil liability that may arise from the making of
25 such report or from initiating, testifying, participating or assisting
26 in such formal or informal proceedings, and no school district or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03660-01-3
A. 2746 2
1 employee shall take, request or cause a retaliatory action against any
2 such person who, acting reasonably and in good faith, either makes such
3 a report or initiates, testifies, participates or assists in such formal
4 or informal proceedings.
5 S 2. Section 10 of the education law, as added by chapter 482 of the
6 laws of 2010, is amended to read as follows:
7 S 10. Legislative intent. The legislature finds that students' ability
8 to learn and to meet high academic standards, and a school's ability to
9 educate its students, are compromised by incidents of discrimination or
10 harassment including bullying, taunting or intimidation. It is hereby
11 declared to be the policy of the state to afford all students in public
12 schools an environment free of discrimination and harassment. The
13 purpose of this article is to foster civility in public schools and to
14 prevent and prohibit conduct which is inconsistent with a school's
15 educational mission. PUBLIC SCHOOLS SHALL HAVE THE RESPONSIBILITY TO
16 FOSTER A LEARNING ENVIRONMENT FREE FROM INCIDENTS OF DISCRIMINATION OR
17 HARASSMENT INCLUDING BULLYING, TAUNTING OR INTIMIDATION AS DEFINED IN
18 THIS ARTICLE.
19 S 3. Subdivision 7 of section 11 of the education law, as amended by
20 chapter 102 of the laws of 2012, is amended to read as follows:
21 7. "Harassment" and "bullying" shall mean the INTENTIONAL creation of
22 a hostile environment by [conduct or by threats] MEANS OF ELECTRONIC,
23 WRITTEN, VERBAL COMMUNICATION OR PHYSICAL CONDUCT, intimidation or
24 abuse, including cyberbullying, that (a) has or would have the effect of
25 unreasonably and substantially interfering with a student's educational
26 performance, opportunities or benefits, or mental, emotional or physical
27 well-being; or (b) reasonably causes or would reasonably be expected to
28 cause a student to fear for his or her physical safety; or (c) reason-
29 ably causes or would reasonably be expected to cause physical injury or
30 emotional harm to a student; or (d) occurs off school property and
31 creates or would foreseeably create a risk of substantial disruption
32 within the school environment, where it is foreseeable that the ELEC-
33 TRONIC, WRITTEN OR VERBAL COMMUNICATION OR PHYSICAL conduct, threats,
34 intimidation or abuse might reach school property. Acts of harassment
35 and bullying shall include, but not be limited to, those acts based on a
36 person's actual or perceived race, color, weight, national origin,
37 ethnic group, religion, religious practice, disability, sexual orien-
38 tation, gender or sex. For the purposes of this definition the term
39 "threats, intimidation or abuse" shall include verbal and non-verbal
40 COMMUNICATION OR actions.
41 S 4. This act shall take effect immediately; provided, however, that
42 sections one and three of this act shall take effect on the same date
43 and in the same manner as chapter 102 of the laws of 2012 takes effect.
