S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1578--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                   January 10, 2011
                                      ___________

       Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Education  --  recom-
         mitted to the Committee on Education in accordance with Senate Rule 6,
         sec.  8  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee

       AN ACT to amend the education law, in relation to required training  for
         individuals applying for certification or licensure to be a teacher

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

    1    Section 1.  Section 3004 of the education law is amended by  adding  a
    2  new subdivision 2-a to read as follows:
    3    2-A.  A.  THE  COMMISSIONER  SHALL PRESCRIBE REGULATIONS REQUIRING ALL
    4  PERSONS APPLYING FOR CERTIFICATION OR A LICENSE TO BE A TEACHER,  ON  OR
    5  AFTER  JANUARY FIRST, TWO THOUSAND THIRTEEN, TO HAVE COMPLETED A MINIMUM
    6  OF SIX HOURS OF COURSEWORK AND TRAINING IN HOW TO RECOGNIZE AND  RESPOND
    7  TO  INCIDENTS  OF  BULLYING, HARASSMENT AND INTIMIDATION. EACH APPLICANT
    8  SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT THE  APPLI-
    9  CANT  HAS  SUCCESSFULLY COMPLETED THE REQUIRED TRAINING. SUCH COURSEWORK
   10  OR TRAINING SHALL BE IN ADDITION TO ALL OTHER CERTIFICATION OR LICENSURE
   11  REQUIREMENTS.
   12    B. COURSEWORK AND TRAINING REQUIRED BY THIS SUBDIVISION SHALL: (I)  BE
   13  PROVIDED  BY  AN  INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
   14  DEPARTMENT TO PROVIDE  SUCH  COURSEWORK  OR  TRAINING;  AND  (II)  SHALL
   15  INCLUDE,  BUT  NOT  BE LIMITED TO, INFORMATION TO HELP TEACHERS IDENTIFY
   16  AND APPROPRIATELY RESPOND  TO  INCIDENTS  OF  BULLYING,  HARASSMENT  AND
   17  INTIMIDATION  IN  SCHOOLS,  AND  SHALL  PROVIDE  TEACHERS WITH SKILLS TO
   18  PROMOTE POSITIVE AND APPROPRIATE SOCIAL INTERACTIONS, TOLERANCE, RESPECT
   19  AND ACCEPTANCE OF DIVERSITY.
   20    C. FOR THE PURPOSE OF THIS SECTION, BULLYING,  HARASSMENT  AND  INTIM-
   21  IDATION ARE DEFINED AS ANY AGGRESSIVE BEHAVIOR INCLUDING VERBAL OR PHYS-
   22  ICAL CONDUCT, AND WRITTEN OR ELECTRONIC COMMUNICATION, THAT HAS OR WOULD

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05340-02-2

 S. 1578--A                          2

    1  HAVE  THE  EFFECT  OF  CREATING  A  HOSTILE  EDUCATIONAL  ENVIRONMENT BY
    2  SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATIONAL BENEFITS,  OPPOR-
    3  TUNITIES  OR  PERFORMANCE, OR WITH A STUDENT'S PHYSICAL OR PSYCHOLOGICAL
    4  WELL-BEING, OR THAT REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO
    5  CAUSE A STUDENT TO FEAR FOR HIS OR HER PHYSICAL SAFETY.
    6    S 2. This act shall take effect on the one hundred twentieth day after
    7  it shall have become a law.