S2562-2013 Actions

• Jan 22, 2013: REFERRED TO EDUCATION

S2562-2013 Memo

BILL NUMBER:S2562

TITLE OF BILL:
An act
to amend the education law, in relation to requiring provisions in
schools that prohibit harassment, intimidation or bullying whether by
electronic communication or a written, verbal, physical or
sexual act

PURPOSE:
Prohibits harassment, intimidation or bullying in schools.

SUMMARY OF PROVISIONS:
Amends section 2 of the education law to
define harassment, bullying and intimidation as an electronic
communication, or a written, verbal, physical, or sexual act that is
reasonable perceived to have the effect of harming a student
physically or emotionally or insulting or demeaning a student or
group of students causing substantial disruption in the orderly
operation of the school.

Amends section 2801 subdivision 2 subparagraph (c) of the education
law by stating that all school districts must create a code of
conduct is amended to mandate that this code of conduct include
provisions for the prohibition of harassment, intimidation and/or
bullying and a provision stating that if any student or employee of
the school district witnesses such harassment, intimidation and/or
bullying that the incident be reported to an appropriate school
official.

Education Law Section 2801 subdivision 2 subparagraph (d) is amended
to allow disciplinary measures to be taken in instances involving
harassment, intimidation and/or bullying.

Education Law Section 2801 subdivision 2 subparagraph (f) is amended
to include a provision in codes of conduct to allow anonymous
reporting and appropriate remedial actions for those who have falsely
accused one of harassment, intimidation and/or bullying.

Education Law Section 2801 subdivision 2 subparagraph (f) (1) is
amended to include a provision in codes of conduct to create
procedures to investigate reports of harassment, intimidation, and/or
bullying.

JUSTIFICATION:
Safety in our schools is an important issue. The prob-
lem of school bullying has intensified. The U.S. Secret Service has
concluded that not only do these "bullying" incidents have serious
psychological consequences; they also often lead to school violence
and in extreme cases, to school shootings. Over 30% of American
school children in grades six through 10 have been bullied or have
bullied others. Furthermore, 40% of individuals that were bullies as
children grow into adults with three or more convictions. With the
advancement of technology new avenues for bullying have challenged
the traditional form of school bullying. Cyber-bullying differs from
the more traditional forms of bullying in that it can occur any time.


Additionally, its messages and images can be anonymous, difficult to
trace and viewed by a much wider and perhaps unintended audience.
Recent cases of bullying on websites such as Myspace and YouTube have
shown how cruel and harmful cyber-bullying can be. Several states
have already enacted legislation which requires school districts to
create and enforce a code of ethics that prohibits cyber-bullying not
only on school grounds but through school electronic resources_ This
legislation is modeled after these statutes and is intended to assist
school districts in dealing
with this increasing problem.

LEGISLATIVE HISTORY:
5/3/11 Referred to Education
1/4/12 Referred to Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall become
law.

S2562-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2562
 2013-2014 Regular Sessions
 I N  SENATE
 January 22, 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  requiring  provisions
 in  schools that prohibit harassment, intimidation or bullying whether
 by electronic communication or a written, verbal, physical  or  sexual
 act
 

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

 

Section 1.

Section 2 of the education law is amended by adding  a  new
 subdivision 20 to read as follows:

 20.  HARASSMENT,  INTIMIDATION,  OR  BULLYING.  THE  TERM "HARASSMENT,
 INTIMIDATION, OR BULLYING" MEANS AN ELECTRONIC COMMUNICATION, OR A WRIT
 TEN, VERBAL, PHYSICAL, OR SEXUAL ACT THAT  IS  REASONABLY  PERCEIVED  TO
 HAVE THE EFFECT OF:

 A. HARMING A STUDENT PHYSICALLY OR EMOTIONALLY OR DAMAGING A STUDENT'S
 PROPERTY,  OR PLACING A STUDENT IN A REASONABLE FEAR OF PERSONAL HARM OR
 PROPERTY DAMAGE; OR
 B. INSULTING OR DEMEANING A  STUDENT  OR  GROUP  OF  STUDENTS  CAUSING
 SUBSTANTIAL DISRUPTION IN, OR SUBSTANTIAL INTERFERENCE WITH, THE ORDERLY
 OPERATION OF THE SCHOOL.
 

S 2. Paragraphs d and f of subdivision 2 of section 2801 of the educa
 tion  law,  as added by chapter 181 of the laws of 2000, are amended and
 three new paragraphs, c-1, c-2 and f-1 are added to read as follows:

 C-1. PROVISIONS PROHIBITING:

 (I) HARASSMENT, INTIMIDATION, OR BULLYING; OR
 (II) REPRISAL, RETALIATION, OR FALSE  ACCUSATIONS  AGAINST  A  VICTIM,
 WITNESS,  OR  ONE  WITH RELIABLE INFORMATION ABOUT 

AN ACT OF HARASSMENT,
 INTIMIDATION OR BULLYING;
 C-2. PROVISIONS STATING THAT A SCHOOL EMPLOYEE, STUDENT  OR  VOLUNTEER
 WHO  WITNESSES,  OR  HAS  RELIABLE  INFORMATION  THAT A STUDENT HAS BEEN
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07303-01-3
 
       S. 2562                             2
 SUBJECT TO HARASSMENT, INTIMIDATION, OR BULLYING SHALL REPORT THE  INCI
 DENT TO THE APPROPRIATE SCHOOL OFFICIAL;
 d.  disciplinary  measures  to  be  taken  in  incidents involving the
 possession or use of illegal substances or weapons, the use of  physical
 force,  vandalism,  violation  of  another  student's  civil  rights and
 threats of violence, INCLUDING HARASSMENT, INTIMIDATION OR BULLYING;
 f. procedures by which violations are reported, INCLUDING A  PROVISION
 FOR  ANONYMOUSLY  REPORTING, determined, discipline measures imposed and
 discipline measures carried out, CONSEQUENCES AND  APPROPRIATE  REMEDIAL
 ACTION FOR PERSONS FOUND TO HAVE FALSELY ACCUSED ANOTHER;
 F-1.  PROCEDURES  FOR  PROMPT  INVESTIGATION  OF  REPORTS  OF  SERIOUS
 VIOLATIONS AND COMPLAINTS;
 

S 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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