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

                                  2090

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  -- Multi-Sponsored by -- M. of A.
  MONTESANO, TENNEY -- read once and referred to the Committee on Educa-
  tion

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
the "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 amended by chapter 102 of
the laws of 2012, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03477-01-5
              

A. 2090                             2

for others, with an emphasis on discouraging acts of harassment, ACTS OF
bullying, AS DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT  HUNDRED
THREE  OF  THIS CHAPTER, AGAINST FELLOW STUDENTS, discrimination, obser-
vance  of  laws and rules, courtesy, dignity and other traits which will
enhance the quality of their experiences in, and contributions  to,  the
community. Such component shall include instruction of safe, responsible
use  of  the  internet  and electronic communications. 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. For the  purposes  of  this  section,
"tolerance,"  "respect for others" and "dignity" shall include awareness
and sensitivity to harassment, bullying, discrimination and civility  in
the  relations  of people of different races, weights, national origins,
ethnic groups, religions, religious practices, mental or physical abili-
ties, sexual orientations, genders, and sexes.
  S 4. 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  5. 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 6. 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
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.

A. 2090                             3

  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.
  S  7.  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

A. 2090                             4

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 8. 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  9.  This  act  shall  take  effect  on  the first of September next
succeeding the date upon which it shall have become a law.