Bill Text: NY S04487 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits bullying on school property and enacts the "Law to Encourage the Acceptance of All Differences (LEAD)".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S04487 Detail]

Download: New_York-2019-S04487-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4487
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 13, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, in relation to  prohibiting  bullying
          on school property
          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,  continue  to plague all of our students. The legislature recog-
     6  nizes that bullying manifests in many forms and for innumerable reasons.
     7  The legislature finds it is vital to protect all students from  acts  of
     8  bullying,  therefore,  this  legislation  expands upon the provisions of
     9  chapter 482 of the laws of 2010.
    10    While the physical wounds may heal, the effects of bullying can last a
    11  lifetime. Therefore, the legislature finds that prohibiting bullying  is
    12  an  appropriate  means  to  enhance  the  safety of students in New York
    13  state's public schools. Furthermore, in today's age of advanced technol-
    14  ogy, twenty-four hour connectivity and social networking,  students  who
    15  are  subjected  to acts of bullying have no reprieve. Taunts and acts of
    16  bullying that begin in school follow students home every day,  and  have
    17  lasting  impacts  on such students. Conversely, bullying through the use
    18  of technology can begin away from school property, yet have  devastating
    19  effects  on  the  student's  ability  to  learn in a safe environment at
    20  school. While bullying through the use of technology may occur away from
    21  school property, it can create a hostile environment for the student  at
    22  school  and  it can materially and substantially disrupt the educational
    23  process. Therefore, to further ensure the safety of students and  school
    24  employees,  it  is the intent of the legislature to provide schools with
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02645-01-9
        S. 4487                             2
     1  the tools to  identify,  prevent,  and  prohibit  bullying  against  all
     2  students, both conventional and cyber-bullying.
     3    § 2. Short title. This act shall be known and may be cited as the "Law
     4  to Encourage the Acceptance of All Differences (LEAD)".
     5    § 3.  Section 801-a of the education law, as amended by chapter 102 of
     6  the laws of 2012, is amended to read as follows:
     7    § 801-a. Instruction in civility, citizenship and character education.
     8  The  regents  shall  ensure  that  the  course  of instruction in grades
     9  kindergarten through twelve includes a component on  civility,  citizen-
    10  ship  and character education. Such component shall instruct students on
    11  the principles of honesty, tolerance, personal  responsibility,  respect
    12  for  others,  with  an  emphasis  on  discouraging acts of [harassment,]
    13  bullying as defined in section eleven of this  chapter,  discrimination,
    14  observance  of  laws and rules, courtesy, dignity and other traits which
    15  will enhance the quality of their experiences in, and contributions  to,
    16  the community. Such component shall include instruction of safe, respon-
    17  sible  use  of  the  internet and electronic communications. The regents
    18  shall determine how to incorporate such component in existing  curricula
    19  and  the  commissioner  shall promulgate any regulations needed to carry
    20  out such determination of the regents. For the purposes of this section,
    21  "tolerance," "respect for others" and "dignity" shall include  awareness
    22  and sensitivity [to harassment, bullying, discrimination and civility in
    23  the  relations  of]  toward  all students, including but not limited to,
    24  people of different races, weights,  national  origins,  ethnic  groups,
    25  religions,  religious  practices,  mental  or physical abilities, sexual
    26  orientations, genders, and sexes.
    27    § 4. Paragraph d of subdivision 2 of section  2801  of  the  education
    28  law,  as added by chapter 181 of the laws of 2000, is amended to read as
    29  follows:
    30    d. disciplinary measures  to  be  taken  in  incidents  involving  the
    31  possession  or use of illegal substances or weapons, the use of physical
    32  force, bullying, vandalism, violation of another student's civil  rights
    33  and threats of violence;
    34    §  5. Subdivision 2 of section 2801 of the education law is amended by
    35  adding a new paragraph f-1 to read as follows:
    36    f-1.  procedures by which any school employee, having reasonable cause
    37  to suspect that a student has been the victim of bullying or has commit-
    38  ted an act of bullying as defined in section  eleven  of  this  chapter,
    39  shall  be  required to report such incident to the principal or designee
    40  thereof. If the principal or his or her designee determines  that  there
    41  is  a  reasonable cause to believe that the incident occurred, he or she
    42  shall report such incident  to  the  superintendent.  Any  employee  who
    43  reasonably and in good faith makes a report of an act of bullying to the
    44  principal  or  designee thereof shall have immunity from civil liability
    45  which might otherwise result by reason of such actions;
    46    § 6. Section 11 of the education law, as added by chapter 482  of  the
    47  laws  of  2010,  subdivision  7 as amended and subdivision 8 as added by
    48  chapter 102 of the laws of 2012, is amended to read as follows:
    49    § 11.  Definitions. For the purposes of this  article,  the  following
    50  terms shall have the following meanings:
    51    1. "School property" shall [mean in or within any building, structure,
    52  athletic playing field, playground, parking lot, or land contained with-
    53  in  the  real property boundary line of a public elementary or secondary
    54  school; or in or on a school bus, as  defined  in  section  one  hundred
    55  forty-two of the vehicle and traffic law.
        S. 4487                             3

     1    2.  "School  function"  shall mean a school-sponsored extra-curricular
     2  event or activity] have the same meaning as set forth in  section  twen-
     3  ty-eight hundred one of this chapter.
     4    [3.]  2.  "Disability" shall mean disability as defined in subdivision
     5  twenty-one of section two hundred ninety-two of the executive law.
     6    [4. "Employee" shall mean employee as defined in subdivision three  of
     7  section eleven hundred twenty-five of this title.
     8    5.] 3. "Sexual orientation" shall mean actual or perceived heterosexu-
     9  ality, homosexuality or bisexuality.
    10    [6.]  4. "Gender" shall mean actual or perceived sex and shall include
    11  a person's gender identity or expression.
    12    [7. "Harassment" and "bullying" shall mean the creation] 5.  "Creation
    13  of  a  hostile  environment [by]" shall mean engaging in conduct or [by]
    14  threats, intimidation or abuse, including cyberbullying, that (a) has or
    15  would have the effect of unreasonably and substantially interfering with
    16  a student's  educational  performance,  opportunities  or  benefits,  or
    17  mental,  emotional  or  physical well-being; or (b) reasonably causes or
    18  would reasonably be expected to cause a student to fear for his  or  her
    19  physical  safety;  or  (c)  reasonably  causes  or  would  reasonably be
    20  expected to cause physical injury or emotional harm to a student; or (d)
    21  occurs off school property and creates or  would  foreseeably  create  a
    22  risk  of  substantial disruption within the school environment, where it
    23  is foreseeable that the conduct, threats, intimidation  or  abuse  might
    24  reach  school  property. [Acts of harassment and bullying shall include,
    25  but not be limited  to,  those  acts  based  on  a  person's  actual  or
    26  perceived  race, color, weight, national origin, ethnic group, religion,
    27  religious practice, disability, sexual orientation, gender or sex.]  For
    28  the  purposes  of  this  definition  the  term "threats, intimidation or
    29  abuse" shall include verbal and non-verbal actions.
    30    6.  "Bullying" shall mean the severe or repeated use by  one  or  more
    31  students  or  school  employees  of  a  written,  verbal  or  electronic
    32  expression, or a physical act or gesture, or  any  combination  thereof,
    33  directed at a student that has the effect of creating a hostile environ-
    34  ment.  Acts of bullying shall include, but not be limited to, those acts
    35  which  are  motivated  by  a  student's actual or perceived race, color,
    36  weight, national origin, ethnic  group,  religion,  religious  practice,
    37  disability, sexual orientation, gender, or sex.
    38    [8.] 7. "Cyberbullying" shall mean [harassment or] bullying as defined
    39  in  subdivision  [seven] six of this section[, including paragraphs (a),
    40  (b), (c) and (d) of such subdivision,] where such [harassment or] bully-
    41  ing occurs through any form of electronic communication.
    42    § 7.  Section 12 of the education law, as added by chapter 482 of  the
    43  laws  of  2010,  subdivision  1 as amended by chapter 102 of the laws of
    44  2012, is amended to read as follows:
    45    § 12. [Discrimination  and  harassment]  Bullying  and  discrimination
    46  prohibited.   1. No student shall be subjected to [harassment or] bully-
    47  ing by employees or students on school property [or at  a  school  func-
    48  tion; nor shall any].
    49    a. No student or school employee shall subject any student of a public
    50  school  or  publicly  funded  special  education  program to bullying as
    51  defined in this article.
    52    b. Any student or school employee found to be in violation of subdivi-
    53  sion two of this section in a public school or on school property  shall
    54  be subject to disciplinary action in accordance with the district's code
    55  of  conduct adopted pursuant to section twenty-eight hundred one of this
    56  chapter and the applicable discipline procedures.  Any student or school
        S. 4487                             4
     1  employee found to be in violation of subdivision two of this section  in
     2  a  publicly  funded special education program shall be subject to disci-
     3  pline under the  policies  and  procedures  of  such  program  governing
     4  conduct.
     5    c.  Nothing  in this section shall apply, or be construed to apply, to
     6  private, religious or denominational educational institutions. Nor shall
     7  this section preclude or limit, or be perceived to  preclude  or  limit,
     8  any  right or cause of action provided under any local, state or federal
     9  ordinance, law, rule or regulation.
    10    2. No student shall be subjected to discrimination based on a person's
    11  actual or perceived race, color, weight, national origin, ethnic  group,
    12  religion, religious practice, disability, sexual orientation, gender, or
    13  sex  by  school  employees or students on school property or at a school
    14  function. Nothing in this subdivision shall be construed to  prohibit  a
    15  denial  of  admission  into,  or exclusion from, a course of instruction
    16  based on a person's gender that would be permissible under section thir-
    17  ty-two hundred one-a or paragraph (a)  of  subdivision  two  of  section
    18  twenty-eight  hundred  fifty-four  of  this  chapter and title IX of the
    19  Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.),  or  to
    20  prohibit,  as  discrimination based on disability, actions that would be
    21  permissible under section 504 of the Rehabilitation Act of 1973.
    22    [2. An age-appropriate version of the policy outlined  in  subdivision
    23  one of this section, written in plain-language, shall be included in the
    24  code  of conduct adopted by boards of education and the trustees or sole
    25  trustee pursuant to section twenty-eight hundred one of this chapter and
    26  a summary of such policy shall be included in any summaries required  by
    27  such section twenty-eight hundred one.]
    28    § 8. Section 13 of the education law, as amended by chapter 102 of the
    29  laws of 2012, is amended to read as follows:
    30    § 13. Policies and guidelines. The board of education and the trustees
    31  or  sole  trustee of every school district shall create policies, proce-
    32  dures and guidelines that shall include, but not be limited to:
    33    1. Policies and procedures intended to  create  a  school  environment
    34  that  is  free  from  [harassment,]  bullying  and  discrimination, that
    35  include but are not limited to provisions which:
    36    a. identify the principal, superintendent or the principal's or super-
    37  intendent's designee as  the  school  employee  charged  with  receiving
    38  reports of [harassment,] bullying and discrimination;
    39    b.  enable  students  and parents to make an oral or written report of
    40  [harassment,] bullying or discrimination to teachers, administrators and
    41  other school personnel that the school district deems appropriate;
    42    c. require school employees  who  witness  [harassment,]  bullying  or
    43  discrimination,  or  receive  an oral or written report of [harassment,]
    44  bullying or discrimination, to promptly  orally  notify  the  principal,
    45  superintendent or the principal's or superintendent's designee not later
    46  than  one  school day after such school employee witnesses or receives a
    47  report of [harassment,] bullying or discrimination, and to file a  writ-
    48  ten report with the principal, superintendent or the principal or super-
    49  intendent's  designee  not  later than two school days after making such
    50  oral report;
    51    d. require the principal, superintendent or the principal's or  super-
    52  intendent's  designee to lead or supervise the thorough investigation of
    53  all reports of [harassment,] bullying and discrimination, and to  ensure
    54  that such investigation is completed promptly after receipt of any writ-
    55  ten reports made under this section;
        S. 4487                             5
     1    e. require the school, when an investigation reveals any such verified
     2  [harassment,] bullying or discrimination, to take prompt actions reason-
     3  ably  calculated  to  end  the [harassment,] bullying or discrimination,
     4  eliminate any hostile environment, create a more positive school culture
     5  and  climate,  prevent recurrence of the behavior, and ensure the safety
     6  of the student or students against whom such [harassment,]  bullying  or
     7  discrimination  was  directed. Such actions shall be consistent with the
     8  guidelines created pursuant to subdivision four of this section;
     9    f. prohibit retaliation against any individual  who,  in  good  faith,
    10  reports,  or  assists in the investigation of, [harassment,] bullying or
    11  discrimination;
    12    g. include a school strategy to  prevent  [harassment,]  bullying  and
    13  discrimination;
    14    h.  require  the principal to make a regular report on data and trends
    15  related to [harassment,] bullying and discrimination to the  superinten-
    16  dent;
    17    i.  require the principal, superintendent or the principal's or super-
    18  intendent's designee, to  notify  promptly  the  appropriate  local  law
    19  enforcement  agency  when  such principal, superintendent or the princi-
    20  pal's or superintendent's  designee,  believes  that  any  [harassment,]
    21  bullying or discrimination constitutes criminal conduct;
    22    j.  include  appropriate  references  to  the provisions of the school
    23  district's code of conduct  adopted  pursuant  to  section  twenty-eight
    24  hundred  one of this chapter that are relevant to [harassment,] bullying
    25  and discrimination;
    26    k. require each school, at least once  during  each  school  year,  to
    27  provide  all  school  employees,  students and parents with a written or
    28  electronic copy of the school district's policies  created  pursuant  to
    29  this  section,  or a plain-language summary thereof, including notifica-
    30  tion of the process by which students, parents and school employees  may
    31  report [harassment,] bullying and discrimination. This subdivision shall
    32  not be construed to require additional distribution of such policies and
    33  guidelines  if  they  are  otherwise  distributed  to  school employees,
    34  students and parents;
    35    l. maintain current versions of the school district's policies created
    36  pursuant to this section on the school district's internet  website,  if
    37  one exists;
    38    2. Guidelines to be used in school training programs to discourage the
    39  development  of  [harassment,]  bullying and discrimination, and to make
    40  school employees aware of the effects of [harassment,] bullying,  cyber-
    41  bullying and discrimination on students and that are designed:
    42    a.  to  raise  the  awareness  and  sensitivity of school employees to
    43  potential [harassment,] bullying and discrimination, and
    44    b. to enable employees to prevent and respond to [harassment,]  bully-
    45  ing and discrimination; and
    46    3.   Guidelines  relating  to  the  development  of  nondiscriminatory
    47  instructional and counseling methods, and requiring that  at  least  one
    48  staff  member  at  every  school  be  thoroughly trained to handle human
    49  relations in the areas of race, color, weight, national  origin,  ethnic
    50  group,  religion,  religious  practice,  disability, sexual orientation,
    51  gender, and sex; and
    52    4. Guidelines relating to the development of  measured,  balanced  and
    53  age-appropriate  responses  to  instances  of  [harassment,] bullying or
    54  discrimination by students, with remedies  and  procedures  following  a
    55  progressive  model that make appropriate use of intervention, discipline
    56  and education, vary in method according to the nature of  the  behavior,
        S. 4487                             6
     1  the  developmental age of the student and the student's history of prob-
     2  lem behaviors, and are consistent with the district's code  of  conduct;
     3  and
     4    5. Training required by this section shall address the social patterns
     5  of  [harassment,]  bullying  and  discrimination,  as defined in section
     6  eleven of this article, including but not limited to those acts based on
     7  a person's actual or perceived race,  color,  weight,  national  origin,
     8  ethnic  group,  religion,  religious practice, disability, sexual orien-
     9  tation, gender or sex, the identification  and  mitigation  of  [harass-
    10  ment,]  bullying  and  discrimination,  and  strategies  for effectively
    11  addressing problems of exclusion, bias  and  aggression  in  educational
    12  settings.
    13    § 9. Section 14 of the education law, as amended by chapter 102 of the
    14  laws  of  2012,  subdivision  5  as amended by chapter 90 of the laws of
    15  2013, is amended to read as follows:
    16    § 14. Commissioner's responsibilities. The commissioner shall:
    17    1. Provide direction, which may include development of model  policies
    18  and,  to  the  extent  possible,  direct  services,  to school districts
    19  related to preventing [harassment,] bullying and discrimination  and  to
    20  fostering  an  environment  in every school where all children can learn
    21  free of manifestations of bias;
    22    2. Provide grants, from funds appropriated for such purpose, to  local
    23  school districts to assist them in implementing the guidelines set forth
    24  in this section;
    25    3.  Promulgate  regulations to assist school districts in implementing
    26  this article including, but not limited to, regulations to assist school
    27  districts  in  developing  measured,   balanced,   and   age-appropriate
    28  responses  to  violations  of  this policy, with remedies and procedures
    29  following a progressive model that make appropriate use of intervention,
    30  discipline and education and provide guidance related to the application
    31  of regulations; and
    32    4. Provide guidance and  educational  materials  to  school  districts
    33  related  to best practices in addressing cyberbullying and helping fami-
    34  lies and communities  work  cooperatively  with  schools  in  addressing
    35  cyberbullying,  whether  on  or off school property or at or away from a
    36  school function.
    37    5. The commissioner shall prescribe regulations  that  school  profes-
    38  sionals  applying  on or after December thirty-first, two thousand thir-
    39  teen for a certificate or  license,  including  but  not  limited  to  a
    40  certificate  or license valid for service as a classroom teacher, school
    41  counselor, school psychologist, school social worker, school administra-
    42  tor or supervisor or superintendent of schools shall, in addition to all
    43  other certification or licensing requirements, have  completed  training
    44  on  the social patterns of [harassment,] bullying and discrimination, as
    45  defined in section eleven of this article, including but not limited  to
    46  those  acts based on a person's actual or perceived race, color, weight,
    47  national origin, ethnic group, religion, religious practice, disability,
    48  sexual orientation, gender or sex, the identification and mitigation  of
    49  [harassment,]  bullying  and  discrimination,  and strategies for effec-
    50  tively addressing problems of exclusion, bias and aggression  in  educa-
    51  tional settings.
    52    §  10.  Section  15 of the education law, as amended by chapter 102 of
    53  the laws of 2012, is amended to read as follows:
    54    § 15. Reporting by  commissioner.  The  commissioner  shall  create  a
    55  procedure  under  which material incidents of [harassment,] bullying and
    56  discrimination on school [grounds or at a school function] property,  as
        S. 4487                             7
     1  such  term  is defined in section twenty-eight hundred one of this chap-
     2  ter, are reported to the department at least on an  annual  basis.  Such
     3  procedure shall provide that such reports shall, wherever possible, also
     4  delineate  the specific nature of such incidents of [harassment,] bully-
     5  ing and discrimination, provided that the commissioner may  comply  with
     6  the  requirements  of  this  section through use of the existing uniform
     7  violent incident  reporting  system.  In  addition  the  department  may
     8  conduct research or undertake studies to determine compliance throughout
     9  the state with the provisions of this article.
    10    §  11.  Section  16 of the education law, as amended by chapter 102 of
    11  the laws of 2012, is amended to read as follows:
    12    § 16. Protection  of  people  who  report  [harassment,]  bullying  or
    13  discrimination.  Any  person  having  reasonable cause to suspect that a
    14  student has been subjected to [harassment,] bullying or  discrimination,
    15  by  an  employee or student, on school [grounds or at a school function]
    16  property, as such term is defined in section twenty-eight hundred one of
    17  this chapter, who, acting reasonably and in  good  faith,  reports  such
    18  information  to school officials, to the commissioner or to law enforce-
    19  ment authorities, acts in compliance with paragraph e or i  of  subdivi-
    20  sion  one  of  section thirteen of this article, or otherwise initiates,
    21  testifies, participates or assists in any formal or informal proceedings
    22  under this article, shall have immunity from any  civil  liability  that
    23  may arise from the making of such report or from initiating, testifying,
    24  participating  or  assisting in such formal or informal proceedings, and
    25  no school district or employee shall take, request or cause a retaliato-
    26  ry action against any such person who, acting  reasonably  and  in  good
    27  faith,  either makes such a report or initiates, testifies, participates
    28  or assists in such formal or informal proceedings.
    29    § 12. This act shall take effect immediately.