S T A T E O F N E W Y O R K
________________________________________________________________________
6884
I N S E N A T E
April 4, 2012
___________
Introduced by Sen. KLEIN -- 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 including cyber bully-
ing in the provisions of the dignity for all students act and courses
of study in cyber bullying 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 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, CYBER BULLYING, 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 S 2. Subdivision 7 of section 11 of the education law, as added by
13 chapter 482 of the laws of 2010, is amended and two new subdivisions 8
14 and 9 are added to read as follows:
15 7. "Harassment" shall mean the creation of a hostile environment by
16 conduct, CYBER BULLYING, or by verbal threats, intimidation or abuse,
17 CONDUCTED IN ANY MANNER INCLUDING, BUT NOT LIMITED TO, ELECTRONIC COMMU-
18 NICATION, that has or would have the effect of unreasonably and substan-
19 tially interfering with a student's educational performance, opportu-
20 nities or benefits, or mental, emotional or physical well-being; or
21 conduct, CYBER BULLYING, verbal threats, intimidation or abuse,
22 CONDUCTED IN ANY MANNER INCLUDING, BUT NOT LIMITED TO, ELECTRONIC COMMU-
23 NICATION, that reasonably causes or would reasonably be expected to
24 cause a student to fear for his or her physical safety; such conduct,
25 CYBER BULLYING, verbal threats, intimidation or abuse includes but is
26 not limited to conduct, CYBER BULLYING, verbal threats, intimidation or
27 abuse based on a person's actual or perceived race, color, weight,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14876-03-2
S. 6884 2
1 national origin, ethnic group, religion, religious practice, disability,
2 sexual orientation, gender or sex.
3 8. "ELECTRONIC COMMUNICATION" SHALL MEAN ANY TRANSFER OF SIGNS,
4 SIGNALS, WRITINGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY NATURE
5 TRANSMITTED, IN WHOLE OR IN PART, BY A WIRE, RADIO, ELECTROMAGNETIC,
6 PHOTO-ELECTRONIC OR PHOTO-OPTIONAL SYSTEM. ELECTRONIC COMMUNICATION
7 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATION
8 THROUGH THE INTERNET.
9 9. "CYBER BULLYING" SHALL MEAN TO INTENTIONALLY ENGAGE IN A COURSE OF
10 CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER THE AGE
11 OF EIGHTEEN YEARS, WHEN THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT
12 SUCH CONDUCT:
13 A. HARASSES, THREATENS, INTIMIDATES, ABUSES OR CREATES A HOSTILE
14 SOCIAL OR PHYSICAL ENVIRONMENT FOR SUCH CHILD;
15 B. INSTILLS A REASONABLE FEAR OF MATERIAL HARM TO THE PHYSICAL, MENTAL
16 OR EMOTIONAL HEALTH, WELL-BEING, SAFETY OR PROPERTY OF SUCH CHILD;
17 C. CAUSES MATERIAL HARM TO THE PHYSICAL, MENTAL OR EMOTIONAL HEALTH,
18 WELL-BEING, SAFETY OR PROPERTY OF SUCH CHILD;
19 D. CAUSES PUBLIC EMBARRASSMENT, SHAME, SOCIAL OSTRACISM OR UNDUE
20 ATTENTION TO SUCH CHILD; OR
21 E. INCLUDES THE IMPERSONATION OF ANOTHER PERSON BY ELECTRONIC COMMUNI-
22 CATION TO CAUSE OR WITH INTENT TO CAUSE HARM AS SPECIFIED IN PARAGRAPH
23 A, B, C OR D OF THIS SUBDIVISION.
24 S 3. Subdivision 2 of section 13 of the education law, as added by
25 chapter 482 of the laws of 2010, is amended to read as follows:
26 2. Guidelines to be used in school training programs to discourage the
27 development of discrimination or harassment, AND TO MAKE SCHOOL EMPLOY-
28 EES AWARE OF THE ADVERSE EFFECTS OF CYBER BULLYING AND HARASSMENT ON
29 STUDENTS AND OTHER SCHOOL EMPLOYEES, and that are designed:
30 a. to raise the awareness and sensitivity of school employees to
31 potential discrimination or harassment, and
32 b. to enable employees to prevent and respond to discrimination or
33 harassment; and
34 S 4. Subdivisions 2 and 3 of section 14 of the education law, as added
35 by chapter 482 of the laws of 2010, are amended and a new subdivision 4
36 is added to read as follows:
37 2. Provide grants, from funds appropriated for such purpose, to local
38 school districts to assist them in implementing the guidelines set forth
39 in this section; [and]
40 3. Promulgate regulations, GUIDANCE OR MODEL POLICIES to assist school
41 districts in implementing this article including, but not limited to,
42 [regulations to assist] ASSISTING school districts in developing meas-
43 ured, balanced, and age-appropriate responses to violations of this
44 policy, with remedies and procedures focusing on intervention and educa-
45 tion[.], AND PROVIDE GUIDANCE RELATED TO THE APPLICATION OF SUCH REGU-
46 LATIONS, GUIDANCE OR MODEL POLICIES ON THE MANNER AND EXTENT TO WHICH
47 BEHAVIOR THAT OCCURS OFF SCHOOL PROPERTY MAY BE CONSIDERED IN FORMULAT-
48 ING AN APPROPRIATE RESPONSE TO A VIOLATION OF SUCH REGULATIONS, GUIDANCE
49 OR MODEL POLICIES; AND
50 4. PROVIDE GUIDANCE AND EDUCATIONAL MATERIALS TO SCHOOL DISTRICTS
51 RELATED TO BEST PRACTICES IN ADDRESSING CYBER BULLYING AND HARASSMENT,
52 AND HELPING FAMILIES TO WORK COOPERATIVELY WITH SCHOOLS IN ADDRESSING
53 SUCH ISSUES, WHETHER CONDUCTED ON OR OFF SCHOOL PROPERTY.
54 S 5. Section 801-a of the education law, as amended by chapter 482 of
55 the laws of 2010, is amended to read as follows:
S. 6884 3
1 S 801-a. Instruction in civility, citizenship and character education.
2 The regents shall ensure that the course of instruction in grades
3 kindergarten through twelve includes a component on civility, citizen-
4 ship and character education. Such component shall instruct students on
5 the principles of honesty, tolerance, personal responsibility, respect
6 for others, DISCOURAGING ACTS OF HARASSMENT AND CYBER BULLYING, obser-
7 vance of laws and rules, courtesy, dignity and other traits which will
8 enhance the quality of their experiences in, and contributions to, the
9 community. SUCH COMPONENT MAY INCLUDE INSTRUCTION ON SAFE, RESPONSIBLE
10 USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. The regents shall
11 determine how to incorporate such component in existing curricula and
12 the commissioner shall promulgate any regulations needed to carry out
13 such determination of the regents. For the purposes of this section,
14 "tolerance," "respect for others" and "dignity" shall include awareness
15 and sensitivity to discrimination or harassment and civility in the
16 relations of people of different races, weights, national origins,
17 ethnic groups, religions, religious practices, mental or physical abili-
18 ties, sexual orientations, genders, and sexes.
19 S 6. The education law is amended by adding a new section 815 to read
20 as follows:
21 S 815. COURSES OF STUDY IN CYBER BULLYING. 1. FOR THE PURPOSES OF
22 THIS SECTION:
23 A. "CYBER BULLYING" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDI-
24 VISION NINE OF SECTION ELEVEN OF THIS CHAPTER.
25 B. "ELECTRONIC COMMUNICATION" SHALL HAVE THE SAME MEANING AS PROVIDED
26 IN SUBDIVISION EIGHT OF SECTION ELEVEN OF THIS CHAPTER.
27 2. EVERY SCHOOL DISTRICT IN THE STATE SHALL PROVIDE, TO PUPILS IN
28 GRADES FIVE THROUGH NINE, INSTRUCTION DESIGNED TO CURTAIL OR ELIMINATE
29 CYBER BULLYING AND PROMOTE CIVILITY WHEN USING THE INTERNET AND CONVEY-
30 ING AN ELECTRONIC COMMUNICATION. SUCH CURRICULA SHALL INSTRUCT STUDENTS
31 ON THE PRINCIPLES OF TOLERANCE, PERSONAL RESPONSIBILITY, RESPECT FOR
32 OTHERS, OBSERVANCE OF LAWS AND RULES, COURTESY AND OTHER TRAITS THAT
33 SHOULD BE OBSERVED DURING USE OF THE INTERNET OR WHEN CONVEYING AN ELEC-
34 TRONIC COMMUNICATION.
35 3. A SCHOOL DISTRICT MAY, INSTEAD OF ESTABLISHING A SEPARATE CLASS OR
36 DESIGNATED PERIOD OF TIME DEVOTED TO A COURSE ON CYBER BULLYING, INTE-
37 GRATE SUCH COURSE OF STUDY OR INSTRUCTION INTO OTHER RELATED CLASSES
38 THAT PROVIDE INSTRUCTION IN SUBJECTS RELATED TO CIVILITY, CITIZENSHIP
39 AND CHARACTER EDUCATION PURSUANT TO SECTION EIGHT HUNDRED ONE-A OF THIS
40 ARTICLE, OR HEALTH EDUCATION PURSUANT TO SECTION EIGHT HUNDRED FOUR OF
41 THIS ARTICLE, OR ANY OTHER COURSE OF INSTRUCTION DEEMED APPROPRIATE BY
42 THE SCHOOL DISTRICT.
43 4. THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE TO AID IN THE
44 DEVELOPMENT OF CURRICULA FOR SUCH COURSES OF STUDY WHICH SHALL BE AGE
45 APPROPRIATE AND DEVELOPED ACCORDING TO THE NEEDS AND ABILITIES OF PUPILS
46 AT SUCCESSIVE GRADE LEVELS IN ORDER TO PROVIDE AWARENESS, SKILLS, INFOR-
47 MATION AND SUPPORT TO AID IN THE ELIMINATION OF CYBER BULLYING.
48 S 7. This act shall take effect on the same date and in the same
49 manner as chapter 482 of the laws of 2010, as amended, takes effect;
50 provided, however, that effective immediately, the addition, amendment,
51 and/or repeal of any rule or regulation necessary for the implementation
52 of the provisions of this act on its effective date is authorized and
53 directed to be made and completed on or before such effective date.