Directs the commissioner of education to promulgate rule and regulations that prohibit harassment, intimidation and bullying of students; school districts shall be responsible for making copies of such policies available to parents, guardians, students, volunteers and school employees.
STATE OF NEW YORK ________________________________________________________________________ 2288 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________Introduced by Sen. BALL -- 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 prevention policies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 313-b to read as follows: S 313-B. HARASSMENT PREVENTION POLICIES. 1. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS THAT PROHIBIT THE HARASSMENT, INTIM- IDATION OR BULLYING OF ANY STUDENT. IT SHALL BE THE RESPONSIBILITY OF EACH SCHOOL DISTRICT TO MAKE AVAILABLE COPIES OF SUCH POLICIES TO PARENTS, GUARDIANS, STUDENTS, VOLUNTEERS AND SCHOOL EMPLOYEES. 2. AS USED IN THIS SECTION: (A) "HARASSMENT, INTIMIDATION OR BULLYING" SHALL MEAN ANY INTENTIONAL ELECTRONIC, WRITTEN, VERBAL OR PHYSICAL ACT, INCLUDING BUT NOT LIMITED TO ONE SHOWN TO BE MOTIVATED BY ANY CHARACTERISTIC IN SECTION 240.25, 240.26, 240.30 OR 240.31 OF THE PENAL LAW, OR OTHER DISTINGUISHING CHAR- ACTERISTICS, WHEN THE INTENTIONAL ELECTRONIC, WRITTEN, VERBAL OR PHYS- ICAL ACT: (1) PHYSICALLY HARMS A STUDENT OR DAMAGES THE STUDENT'S PROPERTY; OR (2) HAS THE EFFECT OF SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATION; OR (3) IS SO SEVERE, PERSISTENT OR PERVASIVE THAT IT CREATES AN INTIM- IDATING EDUCATIONAL ENVIRONMENT; OR (4) HAS THE EFFECT OF SUBSTANTIALLY DISRUPTING THE ORDERLY OPERATION OF THE SCHOOL. (B) "ELECTRONIC" OR "ELECTRONIC MEANS" SHALL MEAN ANY COMMUNICATION WHERE THERE IS THE TRANSMISSION OF INFORMATION BY WIRE, RADIO, OPTICAL CABLE, ELECTROMAGNETIC OR OTHER SIMILAR MEANS. SUCH TERMS SHALL INCLUDE,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01723-01-3 S. 2288 2
BUT NOT BE LIMITED TO, COMMUNICATION VIA ELECTRONIC MAIL, INTERNET-BASED COMMUNICATIONS, PAGER SERVICE, CELL PHONES AND ELECTRONIC MESSAGING. 3. THE COMMISSIONER, IN PROMULGATING SUCH RULES AND REGULATIONS, SHALL CONSULT WITH PARENTS, SCHOOL PERSONNEL AND OTHER INTERESTED PARTIES. THE COMMISSIONER SHALL PROVIDE TO SCHOOL DISTRICTS A MODEL HARASSMENT, INTIMIDATION AND BULLYING PREVENTION POLICY AS WELL AS TRAINING MATERI- ALS FOR USE IN IMPLEMENTING SUCH POLICY. THE COMMISSIONER SHALL POST THE MODEL POLICY, RECOMMENDED TRAINING MATERIALS AND INSTRUCTIONAL MATERIALS ON THE DEPARTMENT'S WEBSITE. 4. THE COMMISSIONER, BY AUGUST FIRST, TWO THOUSAND FOURTEEN, SHALL UPDATE THE HARASSMENT, INTIMIDATION AND BULLYING POLICY TO INCLUDE A SECTION ADDRESSING ACTS OF HARASSMENT, INTIMIDATION OR BULLYING THAT ARE CONDUCTED VIA ELECTRONIC MEANS. THE POLICY SHALL INCLUDE A REQUIREMENT THAT MATERIALS MEANT TO EDUCATE PARENTS AND STUDENTS ABOUT THE SERIOUS- NESS OF CYBERBULLYING BE DISSEMINATED TO PARENTS OR MADE AVAILABLE ON A SCHOOL DISTRICT'S WEBSITE. THE MATERIAL SHALL INCLUDE INFORMATION ON RESPONSIBLE AND SAFE INTERNET USE AS WELL AS WHAT OPTIONS ARE AVAILABLE IF A STUDENT IS BEING BULLIED VIA ELECTRONIC MEANS INCLUDING, BUT NOT LIMITED TO, REPORTING THREATS TO LOCAL POLICE AND WHEN TO INVOLVE SCHOOL OFFICIALS, THE INTERNET SERVICE PROVIDER OR PHONE SERVICE PROVIDER. IF A SCHOOL DISTRICT HAS INTERNET USE POLICIES, THE ACT OF HARASSING, INTIM- IDATING OR BULLYING ANOTHER STUDENT VIA ONLINE MEANS SHALL BE INCLUDED AS A PROHIBITED ACT AND BE SUBJECT TO DISCIPLINARY ACTION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the timely implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.