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the tools to identify, prevent, and prohibit bullying against all
students, both conventional and cyber-bullying.
S 2. Short title. This act shall be known and may be cited as the "Law
to Encourage the Acceptance of All Differences (LEAD)".
S 3. Section 801-a of the education law, as amended 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 WITH AN EMPHASIS ON DISCOURAGING ACTS OF BULLYING AS DEFINED
IN SECTION TWELVE OF THIS CHAPTER, observance of laws and rules, courte-
sy, 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. 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] TOWARD ALL STUDENTS, INCLUDING BUT NOT LIMITED TO, people
of different races, weights, national origins, ethnic groups, religions,
religious practices, mental or physical abilities, sexual orientations,
genders, and sexes.
S 4. Paragraph d of subdivision 2 of section 2801 of the education
law, as added by chapter 181 of the laws of 2000, is amended to read as
follows:
d. disciplinary measures to be taken in incidents involving the
possession or use of illegal substances or weapons, the use of physical
force, BULLYING, vandalism, violation of another student's civil rights
and threats of violence;
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. PROCEDURES BY WHICH ANY SCHOOL EMPLOYEE, HAVING REASONABLE CAUSE
TO SUSPECT THAT A STUDENT HAS BEEN THE VICTIM OF BULLYING OR HAS COMMIT-
TED AN ACT OF BULLYING AS DEFINED IN SECTION TWELVE OF THIS CHAPTER,
SHALL BE REQUIRED TO REPORT SUCH INCIDENT TO THE PRINCIPAL OR DESIGNEE
THEREOF. IF THE PRINCIPAL OR HIS OR HER DESIGNEE DETERMINES THAT THERE
IS A REASONABLE CAUSE TO BELIEVE THAT THE INCIDENT OCCURRED, HE OR SHE
SHALL REPORT SUCH INCIDENT TO THE SUPERINTENDENT. ANY EMPLOYEE WHO
REASONABLY AND IN GOOD FAITH MAKES A REPORT OF AN ACT OF BULLYING TO THE
PRINCIPAL OR DESIGNEE THEREOF SHALL HAVE IMMUNITY FROM CIVIL LIABILITY
WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS;
S 6. Section 11 of the education law, as added by chapter 482 of the
laws of 2010, is amended to read as follows:
S 11. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "School property" shall [mean in or within any building, structure,
athletic playing field, playground, parking lot, or land contained with-
in the real property boundary line of a public elementary or secondary
school; or in or on a school bus, as defined in section one hundred
forty-two of the vehicle and traffic law.
2. "School function" shall mean a school-sponsored extra-curricular
event or activity] HAVE THE SAME MEANING AS SET FORTH IN SECTION TWEN-
TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
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[3.] 2. "Disability" shall mean disability as defined in subdivision
twenty-one of section two hundred ninety-two of the executive law.
[4. "Employee" shall mean employee as defined in subdivision three of
section eleven hundred twenty-five of this title.
5.] 3. "Sexual orientation" shall mean actual or perceived heterosexu-
ality, homosexuality or bisexuality.
[6.] 4. "Gender" shall mean actual or perceived sex and shall include
a person's gender identity or expression.
[7. "Harassment" shall mean the creation] 5. "CREATION of a hostile
environment [by]" SHALL MEAN ENGAGING IN conduct or [by] verbal threats,
intimidation or abuse that has or would have the effect of unreasonably
and substantially interfering with a student's educational performance,
opportunities or benefits, or mental, emotional or physical well-being;
or conduct, verbal threats, intimidation or abuse that reasonably causes
or would reasonably be expected to cause [a] ANY student to fear for his
or her physical safety[; such conduct, verbal threats, intimidation or
abuse includes but is not limited to conduct, verbal threats, intim-
idation or abuse based on a person's actual or perceived race, color,
weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender or sex].
6. "BULLYING" SHALL MEAN THE SEVERE OR REPEATED USE BY ONE OR MORE
STUDENTS OR SCHOOL EMPLOYEES OF A WRITTEN, VERBAL OR ELECTRONIC
EXPRESSION, OR A PHYSICAL ACT OR GESTURE, OR ANY COMBINATION THEREOF,
DIRECTED AT A STUDENT THAT HAS THE EFFECT OF: (I) CAUSING PHYSICAL INJU-
RY, SERIOUS PHYSICAL INJURY OR EMOTIONAL HARM TO THE STUDENT OR DAMAGE
TO THE STUDENT'S PROPERTY; (II) PLACING THE STUDENT IN REASONABLE FEAR
OF HARM TO HIMSELF OR HERSELF OR OF DAMAGE TO HIS OR HER PROPERTY; (III)
CREATING A HOSTILE ENVIRONMENT AT SCHOOL FOR THE STUDENT; OR (IV) MATE-
RIALLY AND SUBSTANTIALLY DISRUPTING THE EDUCATIONAL PROCESS OR THE
ORDERLY OPERATION OF A SCHOOL. THE TERM BULLYING SHALL INCLUDE COMMUNI-
CATIONS OR DISSEMINATION OF ANY MATERIAL THROUGH WRITTEN, VERBAL OR
ELECTRONIC EXPRESSIONS WHICH CREATE A HOSTILE ENVIRONMENT AT SCHOOL OR
DISRUPT THE EDUCATIONAL PROCESS AS SET FORTH IN SUBPARAGRAPHS (III) AND
(IV) OF THIS PARAGRAPH, REGARDLESS OF WHETHER THE COMMUNICATION IS
INITIATED ON OR OFF SCHOOL PROPERTY. ACTS OF BULLYING SHALL INCLUDE,
BUT NOT BE LIMITED TO, THOSE ACTS WHICH ARE MOTIVATED BY A STUDENT'S
ACTUAL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP,
RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, OR
SEX.
S 7. Section 12 of the education law, as added by chapter 482 of the
laws of 2010, is amended to read as follows:
S 12. [Discrimination and harassment] BULLYING AND DISCRIMINATION
prohibited. 1. No student shall be subjected to [harassment] BULLYING by
employees or students on school property [or at a school function; nor
shall any].
A. NO STUDENT OR SCHOOL EMPLOYEE SHALL SUBJECT ANY STUDENT OF A PUBLIC
SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM TO BULLYING AS
DEFINED IN THIS ARTICLE.
B. ANY STUDENT OR SCHOOL EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVI-
SION 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 APPLICABLE DISCIPLINE PROCEDURES. ANY STUDENT OR SCHOOL
EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION IN
A PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM SHALL BE SUBJECT TO DISCI-
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PLINE UNDER THE POLICIES AND PROCEDURES OF SUCH PROGRAM GOVERNING
CONDUCT.
C. 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.
2. NO student SHALL be subjected to discrimination based on a person's
actual or perceived race, color, weight, national origin, ethnic group,
religion, religious practice, disability, sexual orientation, gender, or
sex by school employees or students on school property or at a school
function. Nothing in this subdivision shall be construed to prohibit a
denial of admission into, or exclusion from, a course of instruction
based on a person's gender that would be permissible under section thir-
ty-two hundred one-a or paragraph (a) of subdivision two of section
twenty-eight hundred fifty-four of this chapter and title IX of the
Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.), or to
prohibit, as discrimination based on disability, actions that would be
permissible under section 504 of the Rehabilitation Act of 1973.
[2. An age-appropriate version of the policy outlined in subdivision
one of this section, written in plain-language, shall be included in the
code of conduct adopted by boards of education and the trustees or sole
trustee pursuant to section twenty-eight hundred one of this chapter and
a summary of such policy shall be included in any summaries required by
such section twenty-eight hundred one.]
S 8. Sections 13, 14, 15 and 16 of the education law, as added by
chapter 482 of the laws of 2010, are amended to read as follows:
S 13. Policies and guidelines. The board of education and the trustees
or sole trustee of every school district shall create policies and
guidelines that shall include, but not be limited to:
1. Policies intended to create a school environment that is free from
discrimination or [harassment] BULLYING; AND
2. Guidelines to be used in school training programs to discourage the
development of discrimination or [harassment] BULLYING and that are
designed:
a. to raise the awareness and sensitivity of school employees to
potential discrimination or [harassment] BULLYING, and
b. to enable employees to prevent and respond to discrimination or
[harassment; and
3. Guidelines relating to the development of nondiscriminatory
instructional and counseling methods, and requiring that at least one
staff member at every school be thoroughly trained to handle human
relations in the areas of race, color, weight, national origin, ethnic
group, religion, religious practice, disability, sexual orientation,
gender, and sex] BULLYING.
S 14. Commissioner's responsibilities. The commissioner shall:
1. Provide direction, which may include development of model policies
and, to the extent possible, direct services, to school districts
related to preventing discrimination and [harassment] BULLYING and to
fostering an environment in every school where all children can learn
free of manifestations of bias;
2. Provide grants, from funds appropriated for such purpose, to local
school districts to assist them in implementing the guidelines set forth
in this section; and
3. Promulgate regulations to assist school districts in implementing
this article including, but not limited to, regulations to assist school
A. 8504 5
districts in developing measured, balanced, and age-appropriate
responses to violations of this policy, with remedies and procedures
focusing on intervention and education.
4. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL
PERSONS APPLYING ON OR AFTER SEPTEMBER SECOND, TWO THOUSAND TWELVE FOR A
TEACHING CERTIFICATE OR LICENSE, INCLUDING BUT NOT LIMITED TO A CERTIF-
ICATE OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, SCHOOL ADMIN-
ISTRATOR OR SUPERVISOR OR SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION
TO ALL OTHER CERTIFICATION OR LICENSING REQUIREMENTS, HAVE COMPLETED
TRAINING IN THE IDENTIFICATION AND MITIGATION OF BULLYING IN AREAS
INCLUDING BUT NOT LIMITED TO RACE, COLOR, WEIGHT, NATIONAL ORIGIN,
ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
TATION, GENDER AND SEX.
S 15. Reporting by commissioner. The commissioner shall create a
procedure under which material incidents of discrimination and [harass-
ment] BULLYING on school [grounds or at a school function] PROPERTY, AS
SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER, are reported to the department at least on an annual basis. Such
procedure shall provide that such reports shall, wherever possible, also
delineate the specific nature of such incidents of discrimination or
[harassment] BULLYING, provided that the commissioner may comply with
the requirements of this section through use of the existing uniform
violent incident reporting system. In addition the department may
conduct research or undertake studies to determine compliance throughout
the state with the provisions of this article.
S 16. Protection of people who report discrimination or [harassment]
BULLYING. Any person having reasonable cause to suspect that a student
has been subjected to discrimination or [harassment] BULLYING by an
employee or student, on school [grounds or at a school function,] PROP-
ERTY, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER, who, acting reasonably and in good faith, either reports
such information to school officials, to the commissioner, or to law
enforcement authorities or otherwise initiates, testifies, participates
or assists in any formal or informal proceedings under this article,
shall have immunity from any civil liability that may arise from the
making of such report or from initiating, testifying, participating or
assisting in such formal or informal proceedings, and no school district
or employee shall take, request or cause a retaliatory action against
any such person who, acting reasonably and in good faith, either makes
such a report or initiates, testifies, participates or assists in such
formal or informal proceedings.
S 9. This act shall take effect on the same date and in the same
manner as chapter 482 of the laws of 2010, takes effect.