Requires provisions in schools that prohibit harassment, intimidation or bullying whether by electronic communication or a written, verbal, physical or sexual act.
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 problem 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.
STATE OF NEW YORK ________________________________________________________________________ 2562 2013-2014 Regular Sessions IN 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 BEENEXPLANATION--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.