Relates to harassment of students using electronic means and requires commissioner of education to implement a process for reporting of incidents and requires investigation of reports by school personnel.

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S1414-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S1414-2013 Memo

BILL NUMBER:S1414

TITLE OF BILL:
An act
to amend the education law, in relation to harassment of students

PURPOSE:
To direct the commissioner of education to establish a process for the
reporting and resolution of incidents of discrimination and
harassment of students to appropriate school officials.

SUMMARY OF PROVISIONS:
Section 1: Amends section 16 of the education law, as added by chapter
482 of the laws of 2010, to require that the commissioner of
education (1) promulgate rules and regulation's providing for a
process by which any employee, parent or student can report incidents
of discrimination or harassment to appropriate school officials, and
(2) provide guidelines for actions to be taken by school officials
pursuant to such reports. Such reports shall be made available to the
public upon request and are to be investigated immediately.

Section 2: Amends section 10 of the education law, as added by chapter
482 of the laws of 2010, by stating that public schools are
responsible for fostering a learning environment free from
discrimination and harassment, including bullying, taunting, and
intimidation.

Section 3: Amends subdivision 7 of section 11 of the education law, as
added by chapter 482 of the laws of 2010, expanding the definition of
"harassment" to include the intentional creation of a hostile
environment by means of electronic, written, or verbal communication
or physical conduct.

JUSTIFICATION:
This legislation will ensure that school-age children are provided a
learning environment free of harassment, discrimination,
intimidation, and bullying by directing the commissioner of education
to create rules and regulations that provide a process for both
reporting and corrective action of such incidents. Further, this bill
places the burden of providing an environment free from bullying,
taunting, and discrimination on the public schools, which are in the
best position to prevent such negative behavior.

Additionally, this legislation expands the meaning of "harassment" to
include not only verbal threats, but also electronic, written, or
verbal communication or physical conduct. Such an expansion of the
definition of harassment is vital in light of the current technology
available to students. This will allow educational institutions,
students, parents, and teachers to appropriately address all forms of
bullying.

LEGISLATIVE HISTORY:
2011-2012: S.5916 - Died in Committee

FISCAL IMPLICATIONS:
Unknown.


EFFECTIVE DATE:
Immediately and
the same date and in the same manner as chapter 102 of the laws of
2012 takes effect.

S1414-2013 Text

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

                                    1414

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sens. MONTGOMERY, ADDABBO, PARKER, PERKINS -- 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 harassment of students

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


    Section 1. Section 16 of the education law, as added by chapter 482 of
  the laws of 2010, is amended to read as follows:

    S  16.  [Protection  of people who report] REPORTING discrimination or
  harassment. A. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS
  PROVIDING  FOR  A  PROCESS  BY  WHICH  ANY EMPLOYEE, PARENT, OR STUDENT,
  HAVING REASONABLE CAUSE TO SUSPECT  AN  INCIDENT  OF  DISCRIMINATION  OR
  HARASSMENT  AS  DEFINED  IN  THIS  ARTICLE, CAN REPORT SUCH INCIDENTS TO
  APPROPRIATE SCHOOL OFFICIALS, AND ALSO PROVIDE  GUIDELINES  FOR  ACTIONS
  WHICH  SHALL BE TAKEN BY SCHOOL OFFICIALS PURSUANT TO SUCH REPORTS. SUCH
  ACTIONS MAY INCLUDE RECOMMENDED COUNSELING, SCHOOL  DISCIPLINE,  SUSPEN-
  SION  OR  EXPULSION OR REPORTS TO LAW ENFORCEMENT.  SUCH REPORT SHALL BE
  INVESTIGATED IMMEDIATELY, AND IT SHALL  BE  THE  RESPONSIBILITY  OF  ANY
  SCHOOL  OFFICIAL  TO  REPORT  AND INVESTIGATE SUCH INCIDENTS AND RESPOND
  APPROPRIATELY ACCORDING TO SUCH RULES AND  REGULATIONS.    SUCH  REPORTS
  SHALL BE MADE AVAILABLE BY THE SCHOOL UPON REQUEST.
    B.  Any  person  having reasonable cause to suspect that a student has
  been subjected  to  discrimination  or  harassment  by  an  employee  or
  student,  on school grounds or at a school function, who, acting reason-
  ably and in good faith, either reports such information to school  offi-
  cials,  to the commissioner, or to law enforcement authorities or other-
  wise 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03660-02-3

 S. 1414                             2

  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  2.  Section 10 of the education law, as added by chapter 482 of the
  laws of 2010, is amended to read as follows:

    S 10. Legislative intent. The legislature finds that students' ability
  to learn and to meet high academic standards, and a school's ability  to
  educate  its students, are compromised by incidents of discrimination or
  harassment including bullying, taunting or intimidation.  It  is  hereby
  declared  to be the policy of the state to afford all students in public
  schools an  environment  free  of  discrimination  and  harassment.  The
  purpose  of  this article is to foster civility in public schools and to
  prevent and prohibit conduct  which  is  inconsistent  with  a  school's
  educational  mission.  PUBLIC  SCHOOLS  SHALL HAVE THE RESPONSIBILITY TO
  FOSTER A LEARNING ENVIRONMENT FREE FROM INCIDENTS OF  DISCRIMINATION  OR
  HARASSMENT  INCLUDING  BULLYING,  TAUNTING OR INTIMIDATION AS DEFINED IN
  THIS ARTICLE.
    S 3. Subdivision 7 of section 11 of the education  law,  as  added  by
  chapter 482 of the laws of 2010, is amended to read as follows:

    7. "Harassment" shall mean the INTENTIONAL creation of a hostile envi-
  ronment  [by  conduct  or]  by  MEANS  OF  ELECTRONIC,  WRITTEN,  verbal
  [threats] COMMUNICATION OR PHYSICAL CONDUCT, intimidation or abuse  that
  has or would have the effect of unreasonably and substantially interfer-
  ing with a student's educational performance, opportunities or benefits,
  or  mental,  emotional  or  physical well-being; or ELECTRONIC, WRITTEN,
  VERBAL COMMUNICATION OR PHYSICAL conduct, [verbal threats,] intimidation
  or abuse that reasonably causes or would reasonably be expected to cause
  a student to fear for his or her physical safety; such ELECTRONIC, WRIT-
  TEN OR VERBAL  COMMUNICATION  OR  PHYSICAL  conduct,  [verbal  threats,]
  intimidation  or  abuse includes but is not limited to [conduct, verbal]
  threats, intimidation 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.
    S 4. Section 16 of the education law, as amended by chapter 102 of the
  laws of 2012, is amended to read as follows:

    S 16. [Protection of people who report] REPORTING harassment, bullying
  or discrimination.  A. THE COMMISSIONER SHALL PROMULGATE RULES AND REGU-
  LATIONS PROVIDING FOR A  PROCESS  BY  WHICH  ANY  EMPLOYEE,  PARENT,  OR
  STUDENT,  HAVING  REASONABLE  CAUSE  TO SUSPECT AN INCIDENT OF DISCRIMI-
  NATION OR HARASSMENT AS DEFINED IN THIS ARTICLE, CAN REPORT  SUCH  INCI-
  DENTS  TO  APPROPRIATE SCHOOL OFFICIALS, AND ALSO PROVIDE GUIDELINES FOR
  ACTIONS WHICH SHALL BE  TAKEN  BY  SCHOOL  OFFICIALS  PURSUANT  TO  SUCH
  REPORTS.  SUCH ACTIONS MAY INCLUDE RECOMMENDED COUNSELING, SCHOOL DISCI-
  PLINE, SUSPENSION OR EXPULSION OR REPORTS  TO  LAW  ENFORCEMENT.    SUCH
  REPORT  SHALL BE INVESTIGATED IMMEDIATELY, AND IT SHALL BE THE RESPONSI-
  BILITY OF ANY SCHOOL OFFICIAL TO REPORT AND INVESTIGATE  SUCH  INCIDENTS
  AND RESPOND APPROPRIATELY ACCORDING TO SUCH RULES AND REGULATIONS.  SUCH
  REPORTS SHALL BE MADE AVAILABLE BY THE SCHOOL UPON REQUEST.
    B.  Any  person  having reasonable cause to suspect that a student has
  been subjected to harassment, bullying or discrimination, by an employee
  or student, on school grounds or  at  a  school  function,  who,  acting
  reasonably  and  in good faith, reports such information to school offi-
  cials, to the commissioner or to law enforcement  authorities,  acts  in
  compliance  with paragraph e or i of subdivision one of section thirteen

 S. 1414                             3

  of this article, 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  5.  Subdivision 7 of section 11 of the education law, as amended by
  chapter 102 of the laws of 2012, is amended to read as follows:

    7. "Harassment" and "bullying" shall mean the INTENTIONAL creation  of
  a  hostile  environment  by [conduct or by threats] MEANS OF ELECTRONIC,
  WRITTEN, VERBAL  COMMUNICATION  OR  PHYSICAL  CONDUCT,  intimidation  or
  abuse, including cyberbullying, that (a) 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 (b) ELECTRONIC, WRITTEN, VERBAL COMMUNICATION OR PHYSICAL
  CONDUCT, INTIMIDATION OR ABUSE THAT reasonably causes or  would  reason-
  ably  be  expected  to  cause  a student to fear for his or her physical
  safety; or (c) reasonably causes or  would  reasonably  be  expected  to
  cause  physical injury or emotional harm to a student; or (d) occurs off
  school property and creates  or  would  foreseeably  create  a  risk  of
  substantial  disruption within the school environment, where it is fore-
  seeable that the [conduct, threats,] ELECTRONIC, WRITTEN, VERBAL  COMMU-
  NICATION OR PHYSICAL CONDUCT OR intimidation or abuse might reach school
  property.  Acts  of  harassment  and  bullying shall include, but not be
  limited to, those acts based on a person's  actual  or  perceived  race,
  color,  weight, national origin, ethnic group, religion, religious prac-
  tice, disability, sexual orientation, gender or sex. [For  the  purposes
  of  this  definition  the  term  "threats,  intimidation or abuse" shall
  include verbal and non-verbal actions.]
    S 6. This act shall take effect immediately,  provided  that  sections
  four  and five of this act shall take effect on the same date and in the
  same manner as chapter 102 of the laws of 2012, takes effect.