A5391-2011 Actions

• Jun 13, 2012: held for consideration in education
• Jan 4, 2012: referred to education
• Feb 18, 2011: referred to education

A5391-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5391
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 18, 2011
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
 Committee on Education
 

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  and  school
 personnel
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Short title. This act shall be known and may be  cited  as
 "schools as safe harbors act".
 

S  2.   Legislative intent. In recent years, the state legislature has
 taken several steps to ensure that school  pupils,  teachers  and  other
 personnel  are  provided  with a safe and secure learning environment on
 all school property. Through the enactment of provisions  requiring  the
 fingerprinting  of  a  school  district's  prospective employees and the
 enactment of the Safe Schools Against Violence  in  Education  Act,  the
 legislature  has  ensured the increased safety of our schools.  However,
 to address concerns that  harassment  of  pupils  and  school  personnel
 through  acts of bullying can be both disruptive to the learning process
 and harmful, mentally and/or physically, to intended victims, the legis
 lature finds that enactment of this legislation to prohibit bullying  on
 school  property is necessary and appropriate to further ensure that New
 York state's public schools be made as safe as possible.
 

S 3.

Section 801-a of the education law, as added by  chapter  181  of
 the laws of 2000, is amended to read as follows:

 

S 801-a. Instruction in civility, citizenship and character education.
 The  regents  shall  ensure  that  the  course  of instruction in grades
 kindergarten through twelve includes a component on  civility,  citizen
 ship  and character education. Such component shall instruct students on
 the principles of honesty, tolerance, personal  responsibility,  respect
 for  others,  observance  of laws and rules, courtesy, dignity and other
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09153-01-1
 
       A. 5391                             2
 traits which will enhance the  quality  of  their  experiences  in,  and
 contributions  to,  the  community.    SUCH COMPONENT SHALL ALSO ADDRESS
 METHODS OF DISCOURAGING ACTS OF BULLYING, AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION  TWENTY-EIGHT  HUNDRED THREE OF THIS CHAPTER, AGAINST FELLOW
 STUDENTS. The regents shall determine how to incorporate such  component
 in  existing  curricula  and the commissioner shall promulgate any regu
 lations needed to carry out such determination of the regents.
 

S 4. 

Section 801-a of the education law, as added by chapter  482  of
 the laws of 2010, is amended to read as follows:

 

S 801-a. Instruction in civility, citizenship and character education.
 The  regents  shall  ensure  that  the  course  of instruction in grades
 kindergarten through twelve includes a component on  civility,  citizen
 ship  and character education. Such component shall instruct students on
 the principles of honesty, tolerance, personal  responsibility,  respect
 for  others,  observance  of laws and rules, courtesy, dignity and other
 traits which will enhance the  quality  of  their  experiences  in,  and
 contributions  to,  the  community.  The  regents shall determine how to
 incorporate such component in existing curricula  and  the  commissioner
 shall  promulgate any regulations needed to carry out such determination
 of the regents.  SUCH COMPONENT SHALL ALSO ADDRESS METHODS OF DISCOURAG
 ING  ACTS  OF  BULLYING,  AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
 TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER, AGAINST FELLOW STUDENTS. For
 the  purposes  of  this  section,  "tolerance," "respect for others" and
 "dignity" shall include awareness and sensitivity to  discrimination  or
 harassment  and  civility in the relations of people of different races,
 weights, national origins, ethnic  groups,  religions,  religious  prac
 tices,  mental  or physical abilities, sexual orientations, genders, and
 sexes.
 

S 5. Subdivision 2 of section 2801 of the education law is amended  by
 adding a new paragraph a-1 to read as follows:

 A-1.  PROVISIONS  PROHIBITING BULLYING ON SCHOOL PROPERTY, INCLUDING A
 SCHOOL FUNCTION, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE OF  THIS
 ARTICLE;
 

S  6. Subdivision 2 of section 2801 of the education law is amended by
 adding a new paragraph f-1 to read as follows:

 F-1.  WHEN ANY SCHOOL EMPLOYEE HAVING REASONABLE CAUSE TO SUSPECT THAT
 A STUDENT HAS COMMITTED 

AN ACT OF BULLYING, AS DEFINED IN SECTION  TWEN
 TY-EIGHT HUNDRED THREE OF THIS ARTICLE, THE SCHOOL EMPLOYEE SHALL REPORT
 SUCH  INCIDENT  TO THE PRINCIPAL, OR DESIGNEE THEREOF, WHO IN TURN SHALL
 REPORT SUCH INCIDENT  TO THE SUPERINTENDENT, UPON A DETERMINATION BY THE
 PRINCIPAL, OR DESIGNEE THEREOF, THAT THERE  IS  A  REASONABLE  SUSPICION
 THAT  THE ACT OCCURRED. FAILURE OF AN EMPLOYEE TO MAKE A REPORT PURSUANT
 TO THIS PARAGRAPH MAY NOT BE THE BASIS FOR ANY  DISCIPLINARY  ACTION  OR
 PROFESSIONAL MISCONDUCT CHARGE AGAINST THE EMPLOYEE;
 

S 7. The education law is amended by adding a new section 2803 to read
 as follows:

 

S  2803.  BULLYING  PROHIBITED.  1.  FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 A. "PUBLIC SCHOOL" MEANS:

 (I) A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, KINDERGARTEN OR  PRE-KIN
 DERGARTEN PROGRAM, ADULT OR CONTINUING EDUCATION PROGRAM OR OTHER EDUCA
 TIONAL  PROGRAM  OPERATED BY A SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN
 SION BOARDS; AND
 (II) A SCHOOL OR EDUCATIONAL PROGRAM THAT SERVES STUDENTS  IN  ANY  OF
 GRADES KINDERGARTEN THROUGH TWELVE AND IS OPERATED BY THE DEPARTMENT, OR
 
       A. 5391                             3
 IS  OPERATED OR SUPERVISED BY ANOTHER STATE AGENCY OR A POLITICAL SUBDI
 VISION AND IS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OF
 THIS CHAPTER.
 B.  "PUBLICLY  FUNDED  SPECIAL  EDUCATION  PROGRAM"  MEANS AN APPROVED
 PROVIDER OF  SPECIAL  EDUCATION  PROGRAMS  AND  SERVICES  UNDER  SECTION
 FORTY-FOUR  HUNDRED TEN OF THIS CHAPTER, AN APPROVED PRIVATE RESIDENTIAL
 OR NON-RESIDENTIAL SCHOOL FOR  THE  PROVISION  OF  SPECIAL  SERVICES  OR
 PROGRAMS  PURSUANT  TO SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE
 OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL SUBJECT TO THE  PROVISIONS  OF
 ARTICLE  EIGHTY-FIVE  OF THIS CHAPTER OR ANY OTHER AGENCY OR ENTITY THAT
 PROVIDES  SPECIAL  EDUCATION  PROGRAMS  OR  SERVICES  PURSUANT  TO   THE
 PROVISIONS OF ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER.
 C.  "SCHOOL  PROPERTY"  MEANS  IN  OR  WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR LAND CONTAINED WITHIN
 THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC SCHOOL OR A PUBLICLY  FUNDED
 SPECIAL  EDUCATION  PROGRAM;  OR  IN  OR  ON A SCHOOL BUS, AS DEFINED IN
 SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE  AND  TRAFFIC  LAW;  AND  A
 "SCHOOL  FUNCTION"  MEANS  A  SCHOOL SPONSORED EXTRA-CURRICULAR EVENT OR
 ACTIVITY.
 D. "BULLYING" MEANS THREATENING, STALKING  OR  SEEKING  TO  COERCE  OR
 COMPEL  A PERSON TO DO SOMETHING; ENGAGING IN VERBAL OR PHYSICAL CONDUCT
 THAT THREATENS ANOTHER WITH HARM, INCLUDING INTIMIDATION THROUGH THE USE
 OF EPITHETS OR SLURS INVOLVING RACE, ETHNICITY, NATIONAL  ORIGIN,  RELI
 GION, RELIGIOUS PRACTICES, GENDER, SEXUAL ORIENTATION, OR DISABILITY.
 2.  NO STUDENT SHALL BE SUBJECT TO BULLYING BY ANY STUDENT OF A PUBLIC
 SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM.
 3. A. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO  OF  THIS
 SECTION  IN  A  PUBLIC  SCHOOL OR ON SCHOOL PROPERTY SHALL BE SUBJECT TO
 DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S  CODE  OF  CONDUCT
 ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE AND
 THE  DISCIPLINE  PROCEDURES  APPLICABLE  TO STUDENTS OR EMPLOYEES OF THE
 PUBLIC SCHOOL. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF
 THIS SECTION IN A PUBLICLY FUNDED SPECIAL  EDUCATION  PROGRAM  SHALL  BE
 SUBJECT  TO DISCIPLINE UNDER THE POLICIES AND PROCEDURES OF SUCH PROGRAM
 GOVERNING STUDENT CONDUCT OR EMPLOYEE DISCIPLINE.
 B. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  CREATE  A  PRIVATE
 CAUSE OF ACTION.
 4.  NOTHING  IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO
 PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
 THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO  PRECLUDE  OR  LIMIT,
 ANY  RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
 ORDINANCE, LAW, RULE OR REGULATION.
 5. A  PLAIN-LANGUAGE,  AGE-APPROPRIATE  DESCRIPTION  OF  THE  POLICIES
 OUTLINED  IN  SUBDIVISION  TWO  OF  THIS SECTION SHALL BE DISTRIBUTED TO
 EMPLOYEES, STUDENTS AND PARENTS OF EACH PUBLIC SCHOOL OR PUBLICLY-FUNDED
 SPECIAL EDUCATION PROGRAM ON AT LEAST AN ANNUAL BASIS. IN  THE  CASE  OF
 PUBLIC  SCHOOLS,  SUCH  REQUIREMENT  SHALL  BE  MET  BY  INCLUDING  SUCH
 DESCRIPTION IN THE SUMMARY OF THE  CODE  OF  CONDUCT  PROVIDED  TO  EACH
 STUDENT  AND  MAILED  TO PARENTS PURSUANT TO SUBDIVISION FOUR OF SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
 6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT
 OF COMPETENT JURISDICTION  DECLARES  ANY  PHRASE,  CLAUSE,  SENTENCE  OR
 PROVISION  OF  THIS  ARTICLE  TO BE INVALID, OR ITS APPLICABILITY TO ANY
 GOVERNMENT AGENCY, PERSON OR  CIRCUMSTANCE,  IS  DECLARED  INVALID,  THE
 REMAINDER  OF  THIS  ARTICLE AND ITS RELEVANT APPLICABILITY SHALL NOT BE
 AFFECTED.
 
       A. 5391                             4
 

S 8.

Section 3028-c of the education law, as added by chapter  181  of
 the laws of 2000, is amended to read as follows:

 

S  3028-c.  Protection of school employees who report acts of BULLYING
 OR violence and weapons possession. Any school employee  having  reason
 able  cause to suspect that a person has committed an act of BULLYING AS
 SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAP
 TER OR violence while in or on school  property,  or  having  reasonable
 cause  to suspect that a person has committed an act of BULLYING AS SUCH
 TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR
 violence upon a student, school employee or volunteer either upon school
 grounds or elsewhere, or having  reasonable  cause  to  suspect  that  a
 person  has brought a gun, knife, bomb or other instrument capable of or
 that appears capable of causing death or  physical  injury  upon  school
 grounds  who in good faith reports such information to school officials,
 to the commissioner, or to law enforcement authorities, shall have immu
 nity from any civil liability that may arise from  the  making  of  such
 report,  and  no school district or school district employee shall take,
 request or cause a retaliatory action  against  any  such  employee  who
 makes such report.
 

S  9.  The penal law is amended by adding a new section 240.33 to read
 as follows:

 

S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT  OF  TEACHERS  AND  SCHOOL
 PERSONNEL  WHEN,  WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE
 OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
 OTHER STAFF MEMBER OF A  PUBLIC  OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,
 JUNIOR  HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR
 HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER,  ADMIN
 ISTRATOR  OR  OTHER  STAFF  MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON
 SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
 EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
 EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
 AGGRAVATED  HARASSMENT  OF  TEACHERS AND SCHOOL PERSONNEL IS A CLASS B
 MISDEMEANOR.
 

S 10. This act shall take  effect  on  the  first  of  September  next
 succeeding  the  date  on which it shall have become a law provided that
 section four of this act shall take effect on the same date and  in  the
 same manner as chapter 482 of the laws of 2010, takes effect.

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