S T A T E O F N E W Y O R K
________________________________________________________________________
11235--A
I N A S S E M B L Y
May 25, 2010
___________
Introduced by M. of A. PAULIN, HOYT, JEFFRIES, KOON, MOLINARO, GALEF,
MAISEL, HOOPER, FIELDS -- Multi-Sponsored by -- M. of A. BACALLES,
DelMONTE, GABRYSZAK, J. MILLER, PHEFFER, REILLY, SWEENEY, THIELE,
TITONE, TOWNS -- read once and referred to the Committee on Education
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to prohibiting bullying
on school property; and to amend the penal law, in relation to estab-
lishing the crime of aggravated harassment of teachers, school person-
nel and school board members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. In recent years, New York has taken
2 steps to ensure that school pupils, teachers and other personnel are
3 provided with a safe and secure learning environment. However, egre-
4 gious incidents of bullying, both in person and through the use of tech-
5 nology, have increased. Bullying can come in many forms, and while the
6 physical wounds may heal, the effects of bullying can last a lifetime.
7 Therefore, the legislature finds that prohibiting bullying on school
8 property is an appropriate means to enhance the safety of New York
9 state's public schools.
10 S 2. Short title. This act shall be known and may be cited as the
11 "anti-bullying act".
12 S 3. Section 801-a of the education law, as added by chapter 181 of
13 the laws of 2000, is amended to read as follows:
14 S 801-a. Instruction in civility, citizenship and character education.
15 The regents shall ensure that the course of instruction in grades
16 kindergarten through twelve includes a component on civility, citizen-
17 ship and character education. Such component shall instruct students on
18 the principles of honesty, tolerance, personal responsibility, respect
19 for others WITH AN EMPHASIS ON DISCOURAGING ACTS OF BULLYING AS DEFINED
20 IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED THREE OF THIS
21 CHAPTER, observance of laws and rules, courtesy, dignity and other
22 traits which will enhance the quality of their experiences in, and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07263-11-0
A. 11235--A 2
1 contributions to, the community. The regents shall determine how to
2 incorporate such component in existing curricula and the commissioner
3 shall promulgate any regulations needed to carry out such determination
4 of the regents.
5 S 4. Paragraph d of subdivision 2 of section 2801 of the education
6 law, as added by chapter 181 of the laws of 2000, is amended to read as
7 follows:
8 d. disciplinary measures to be taken in incidents involving the
9 possession or use of illegal substances or weapons, the use of physical
10 force, BULLYING, vandalism, violation of another student's civil rights
11 and threats of violence;
12 S 5. Subdivision 2 of section 2801 of the education law is amended by
13 adding a new paragraph f-1 to read as follows:
14 F-1. PROCEDURES BY WHICH ANY SCHOOL EMPLOYEE, HAVING REASONABLE CAUSE
15 TO SUSPECT THAT A STUDENT HAS BEEN THE VICTIM OF BULLYING OR HAS COMMIT-
16 TED AN ACT OF BULLYING AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE
17 OF THIS ARTICLE, SHALL BE REQUIRED TO REPORT SUCH INCIDENT TO THE PRIN-
18 CIPAL OR DESIGNEE THEREOF. IF THE PRINCIPAL OR HIS OR HER DESIGNEE
19 DETERMINES THAT THERE IS A REASONABLE CAUSE TO BELIEVE THAT THE INCIDENT
20 OCCURRED, HE OR SHE SHALL REPORT SUCH INCIDENT TO THE SUPERINTENDENT.
21 ANY EMPLOYEE WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF AN ACT
22 OF BULLYING TO THE PRINCIPAL OR DESIGNEE THEREOF SHALL HAVE IMMUNITY
23 FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH
24 ACTIONS;
25 S 6. The education law is amended by adding a new section 2803 to read
26 as follows:
27 S 2803. BULLYING PROHIBITED. 1. FOR PURPOSES OF THIS SECTION, THE TERM
28 "BULLYING" SHALL MEAN THE SEVERE OR REPEATED USE BY ONE OR MORE STUDENTS
29 OR SCHOOL EMPLOYEES OF A WRITTEN, VERBAL OR ELECTRONIC EXPRESSION, OR A
30 PHYSICAL ACT OR GESTURE, OR ANY COMBINATION THEREOF, DIRECTED AT A
31 STUDENT THAT HAS THE EFFECT OF: (I) CAUSING PHYSICAL INJURY, SERIOUS
32 PHYSICAL INJURY OR EMOTIONAL HARM TO THE STUDENT OR DAMAGE TO THE
33 STUDENT'S PROPERTY; (II) PLACING THE STUDENT IN REASONABLE FEAR OF HARM
34 TO HIMSELF OR HERSELF OR OF DAMAGE TO HIS OR HER PROPERTY; (III) CREAT-
35 ING A HOSTILE ENVIRONMENT AT SCHOOL FOR THE STUDENT; OR (IV) MATERIALLY
36 AND SUBSTANTIALLY DISRUPTING THE EDUCATIONAL PROCESS OR THE ORDERLY
37 OPERATION OF A SCHOOL. THE TERM BULLYING SHALL INCLUDE COMMUNICATIONS OR
38 DISSEMINATION OF ANY MATERIAL THROUGH THE USE OF TECHNOLOGY OR ELECTRON-
39 IC MEANS.
40 2. NO STUDENT OR SCHOOL EMPLOYEE SHALL SUBJECT ANY STUDENT OF A PUBLIC
41 SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM TO BULLYING AS
42 DEFINED IN THIS SECTION.
43 3. ANY STUDENT OR SCHOOL EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVI-
44 SION TWO OF THIS SECTION IN A PUBLIC SCHOOL OR ON SCHOOL PROPERTY SHALL
45 BE SUBJECT TO DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S CODE
46 OF CONDUCT ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
47 ARTICLE AND THE APPLICABLE DISCIPLINE PROCEDURES. ANY STUDENT OR SCHOOL
48 EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION IN
49 A PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM SHALL BE SUBJECT TO DISCI-
50 PLINE UNDER THE POLICIES AND PROCEDURES OF SUCH PROGRAM GOVERNING
51 CONDUCT.
52 4. NOTHING IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO
53 PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
54 THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO PRECLUDE OR LIMIT,
55 ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
56 ORDINANCE, LAW, RULE OR REGULATION.
A. 11235--A 3
1 5. A PLAIN-LANGUAGE, AGE-APPROPRIATE DESCRIPTION OF THE POLICIES
2 OUTLINED IN SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
3 ARTICLE SHALL BE DISTRIBUTED TO EMPLOYEES, STUDENTS AND PARENTS OF EACH
4 PUBLIC SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM ON AT LEAST
5 AN ANNUAL BASIS. IN THE CASE OF PUBLIC SCHOOLS, SUCH REQUIREMENT SHALL
6 BE MET BY INCLUDING SUCH DESCRIPTION IN THE SUMMARY OF THE CODE OF
7 CONDUCT PROVIDED TO EACH STUDENT AND MAILED TO PARENTS PURSUANT TO
8 SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
9 6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT
10 OF COMPETENT JURISDICTION DECLARES ANY PHRASE, CLAUSE, SENTENCE OR
11 PROVISION OF THIS ARTICLE TO BE INVALID, OR ITS APPLICABILITY TO ANY
12 GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE, IS DECLARED INVALID, THE
13 REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLICABILITY SHALL NOT BE
14 AFFECTED.
15 S 7. Section 3028-c of the education law, as added by chapter 181 of
16 the laws of 2000, is amended to read as follows:
17 S 3028-c. Protection of school employees who report acts of BULLYING
18 OR violence and weapons possession. Any school employee having reason-
19 able cause to suspect that a person has committed an act of BULLYING AS
20 SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAP-
21 TER OR violence while in or on school property, or having reasonable
22 cause to suspect that a person has committed an act of BULLYING AS SUCH
23 TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR
24 violence upon a student, school employee or volunteer either upon school
25 grounds or elsewhere, or having reasonable cause to suspect that a
26 person has brought a gun, knife, bomb or other instrument capable of or
27 that appears capable of causing death or physical injury upon school
28 grounds who in good faith reports such information to school officials,
29 to the commissioner, or to law enforcement authorities, shall have immu-
30 nity from any civil liability that may arise from the making of such
31 report, and no school district or school district employee shall take,
32 request or cause a retaliatory action against any such employee who
33 makes such report.
34 S 8. The penal law is amended by adding a new section 240.33 to read
35 as follows:
36 S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
37 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL
38 PERSONNEL WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE
39 OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
40 OTHER STAFF MEMBER OF A PUBLIC OR PRIVATE ELEMENTARY, INTERMEDIATE,
41 JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR
42 HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER, ADMIN-
43 ISTRATOR OR OTHER STAFF MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON
44 SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
45 EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
46 EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
47 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL IS A CLASS B
48 MISDEMEANOR.
49 S 9. This act shall take effect on the first of September next
50 succeeding the date on which it shall have become a law.