Bill Text: NY A06062 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires courses of study to discourage cyberbullying for pupils in grades five through nine; includes cyberbullying in the provisions of the dignity for all students act.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-01-03 - referred to education [A06062 Detail]
Download: New_York-2017-A06062-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6062 2017-2018 Regular Sessions IN ASSEMBLY February 23, 2017 ___________ Introduced by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO, DINOWITZ, MOYA, ORTIZ, RIVERA, RODRIGUEZ -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to including cyberbully- ing in the provisions of the dignity for all students act and courses of study in cyberbullying for pupils in grades five through nine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10 of the education law, as added by chapter 482 of 2 the laws of 2010, is amended to read as follows: 3 § 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, cyberbullying, taunting or intimidation. 7 It is hereby declared to be the policy of the state to afford all 8 students in public schools an environment free of discrimination and 9 harassment. The purpose of this article is to foster civility in public 10 schools and to prevent and prohibit conduct which is inconsistent with a 11 school's educational mission. 12 § 2. Subdivision 7 of section 11 of the education law, as amended by 13 chapter 102 of the laws of 2012, is amended and two new subdivisions 9 14 and 10 are added to read as follows: 15 7. "Harassment" and "bullying" shall mean the creation of a hostile 16 environment by conduct or by threats, intimidation or abuse, including 17 cyberbullying, conducted in any manner including, but not limited to, 18 electronic communication, that (a) has or would have the effect of 19 unreasonably and substantially interfering with a student's educational 20 performance, opportunities or benefits, or mental, emotional or physical 21 well-being; or (b) reasonably causes or would reasonably be expected to 22 cause a student to fear for his or her physical safety; or (c) reason- 23 ably causes or would reasonably be expected to cause physical injury or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08356-01-7A. 6062 2 1 emotional harm to a student; or (d) occurs off school property and 2 creates or would foreseeably create a risk of substantial disruption 3 within the school environment, where it is foreseeable that the conduct, 4 threats, intimidation or abuse might reach school property. Acts of 5 harassment and bullying shall include, but not be limited to, those acts 6 based on a person's actual or perceived race, color, weight, national 7 origin, ethnic group, religion, religious practice, disability, sexual 8 orientation, gender or sex. For the purposes of this definition the term 9 "threats, intimidation or abuse" shall include verbal and non-verbal 10 actions and cyberbullying. 11 9. "Electronic communication" shall mean any transfer of signs, 12 signals, writings, images, sounds, data or intelligence of any nature 13 transmitted, in whole or in part, by a wire, radio, electromagnetic, 14 photo-electronic or photo-optional system. Electronic communication 15 shall include, but not be limited to, the transfer of such communication 16 through the internet. 17 10. "Cyberbullying" shall mean to intentionally engage in a course of 18 conduct using electronic communication directed at a child under the age 19 of eighteen years, when the actor knows or reasonably should know that 20 such conduct: 21 a. harasses, threatens, intimidates, abuses or creates a hostile 22 social or physical environment for such child; 23 b. instills a reasonable fear of material harm to the physical, mental 24 or emotional health, well-being, safety or property of such child; 25 c. causes material harm to the physical, mental or emotional health, 26 well-being, safety or property of such child; 27 d. causes public embarrassment, shame, social ostracism or undue 28 attention to such child; or 29 e. includes the impersonation of another person by electronic communi- 30 cation to cause or with intent to cause harm as specified in paragraph 31 a, b, c or d of this subdivision. 32 § 3. Subdivision 2 of section 13 of the education law, as amended by 33 chapter 102 of the laws of 2012, is amended to read as follows: 34 2. Guidelines to be used in school training programs to discourage the 35 development of harassment, bullying and discrimination, and to make 36 school employees aware of the effects of harassment, bullying, cyberbul- 37 lying and discrimination on students and other school employees, and 38 that are designed: 39 a. to raise the awareness and sensitivity of school employees to 40 potential harassment, bullying and discrimination, and 41 b. to enable employees to prevent and respond to harassment, bullying 42 and discrimination; and 43 § 4. Subdivisions 3 and 4 of section 14 of the education law, subdivi- 44 sion 3 as amended and subdivision 4 as added by chapter 102 of the laws 45 of 2012, are amended to read as follows: 46 3. Promulgate regulations, guidance or model policies to assist school 47 districts in implementing this article including, but not limited to, 48 [regulations to assist] assisting school districts in developing meas- 49 ured, balanced, and age-appropriate responses to violations of this 50 policy, with remedies and procedures following a progressive model that 51 make appropriate use of intervention, discipline and education and 52 provide guidance related to the application of such regulations, guid- 53 ance or model policies on the manner and extent to which behavior that 54 occurs off school property may be considered in formulating an appropri- 55 ate response to a violation of such regulations, guidance or model poli- 56 cies; andA. 6062 3 1 4. Provide guidance and educational materials to school districts 2 related to best practices in addressing cyberbullying and harassment and 3 helping families and communities work cooperatively with schools in 4 addressing cyberbullying, whether on or off school property or at or 5 away from a school function. 6 § 5. Section 801-a of the education law, as amended by chapter 102 of 7 the laws of 2012, is amended to read as follows: 8 § 801-a. Instruction in civility, citizenship and character education. 9 The regents shall ensure that the course of instruction in grades 10 kindergarten through twelve includes a component on civility, citizen- 11 ship and character education. Such component shall instruct students on 12 the principles of honesty, tolerance, personal responsibility, respect 13 for others, with an emphasis on discouraging acts of harassment, bully- 14 ing, cyberbullying, discrimination, observance of laws and rules, cour- 15 tesy, dignity and other traits which will enhance the quality of their 16 experiences in, and contributions to, the community. Such component 17 shall include instruction of safe, responsible use of the internet and 18 electronic communications. The regents shall determine how to incorpo- 19 rate such component in existing curricula and the commissioner shall 20 promulgate any regulations needed to carry out such determination of the 21 regents. For the purposes of this section, "tolerance," "respect for 22 others" and "dignity" shall include awareness and sensitivity to harass- 23 ment, bullying, discrimination and civility in the relations of people 24 of different races, weights, national origins, ethnic groups, religions, 25 religious practices, mental or physical abilities, sexual orientations, 26 genders, and sexes. 27 § 6. The education law is amended by adding a new section 814-a to 28 read as follows: 29 § 814-a. Courses of study in cyberbullying. 1. For the purposes of 30 this section: 31 a. "Cyberbullying" shall have the same meaning as provided in subdivi- 32 sion ten of section eleven of this chapter. 33 b. "Electronic communication" shall have the same meaning as provided 34 in subdivision nine of section eleven of this chapter. 35 2. Every school district in the state shall provide, to pupils in 36 grades five through nine, instruction designed to curtail or eliminate 37 cyberbullying and promote civility when using the internet and conveying 38 an electronic communication. Such curricula shall instruct students on 39 the principles of tolerance, personal responsibility, respect for 40 others, observance of laws and rules, courtesy and other traits that 41 should be observed during use of the internet or when conveying an elec- 42 tronic communication. 43 3. A school district may, instead of establishing a separate class or 44 designated period of time devoted to a course on cyberbullying, inte- 45 grate such course of study or instruction into other related classes 46 that provide instruction in subjects related to civility, citizenship 47 and character education pursuant to section eight hundred one-a of this 48 article, or health education pursuant to section eight hundred four of 49 this article, or any other course of instruction deemed appropriate by 50 the school district. 51 4. The commissioner shall provide technical assistance to aid in the 52 development of curricula for such courses of study which shall be age 53 appropriate and developed according to the needs and abilities of pupils 54 at successive grade levels in order to provide awareness, skills, infor- 55 mation and support to aid in the elimination of cyberbullying. 56 § 7. This act shall take effect immediately.
