S T A T E   O F   N E W   Y O R K
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                                  1578

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 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 2. 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02848-01-5
              

S. 1578                             2

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
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 3. 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 4. This act shall take effect immediately.