S T A T E   O F   N E W   Y O R K
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                                  6499

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by  M. of A. McDONOUGH, KOLB, SALADINO -- Multi-Sponsored by
  -- M. of A. BUTLER, FITZPATRICK, REILICH,  THIELE  --  read  once  and
  referred to the Committee on Education

AN  ACT  to amend the education law, in relation to prohibiting bullying
  on school property; and to amend the penal law, in relation to  estab-
  lishing  the  crime  of  aggravated  harassment of teachers and school
  personnel

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

  Section  1.   Short title. This act shall be known and may be cited as
"Schools as Safe Harbors Act".
  S 2.  Legislative intent. In recent years, the state  legislature  has
taken  several  steps  to  ensure that school pupils, teachers and other
personnel are provided with a safe and secure  learning  environment  on
all  school  property. Through the enactment of provisions requiring the
fingerprinting of a school  district's  prospective  employees  and  the
enactment  of  the  Safe  Schools Against Violence in Education Act, the
legislature has ensured the increased safety of our schools.    However,
to  address  concerns  that  harassment  of  pupils and school personnel
through acts of bullying can be both disruptive to the learning  process
and harmful, mentally and/or physically, to intended victims, the legis-
lature  finds that enactment of this legislation to prohibit bullying on
school property is necessary and appropriate to further ensure that  New
York state's public schools be made as safe as possible.
  S  3.  Section  801-a of the education law, as added by chapter 181 of
the laws of 2000, is amended to read as follows:
  S 801-a. Instruction in civility, citizenship and character education.
The regents shall ensure  that  the  course  of  instruction  in  grades
kindergarten  through  twelve includes a component on civility, citizen-
ship and character education. Such component shall instruct students  on
the  principles  of honesty, tolerance, personal responsibility, respect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01473-01-9
              

A. 6499                             2

for others, observance of laws and rules, courtesy,  dignity  and  other
traits  which  will  enhance  the  quality  of their experiences in, and
contributions to, the community.   SUCH  COMPONENT  SHALL  ALSO  ADDRESS
METHODS  OF DISCOURAGING ACTS OF BULLYING, AS DEFINED IN SUBDIVISION ONE
OF SECTION TWENTY-EIGHT HUNDRED THREE OF THIS  CHAPTER,  AGAINST  FELLOW
STUDENTS.  The regents shall determine how to incorporate such component
in existing curricula and the commissioner shall  promulgate  any  regu-
lations needed to carry out such determination of the regents.
  S  4. Subdivision 2 of section 2801 of the education law is amended by
adding a new paragraph a-1 to read as follows:
  A-1. PROVISIONS PROHIBITING BULLYING ON SCHOOL PROPERTY,  INCLUDING  A
SCHOOL  FUNCTION, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE OF THIS
ARTICLE;
  S 5. Subdivision 2 of section 2801 of the education law is amended  by
adding a new paragraph f-1 to read as follows:
  F-1.  WHEN ANY SCHOOL EMPLOYEE HAVING REASONABLE CAUSE TO SUSPECT THAT
A  STUDENT HAS COMMITTED AN ACT OF BULLYING, AS DEFINED IN SECTION TWEN-
TY-EIGHT HUNDRED THREE OF THIS ARTICLE, THE SCHOOL EMPLOYEE SHALL REPORT
SUCH INCIDENT TO THE PRINCIPAL, OR DESIGNEE THEREOF, WHO IN  TURN  SHALL
REPORT SUCH INCIDENT  TO THE SUPERINTENDENT, UPON A DETERMINATION BY THE
PRINCIPAL,  OR  DESIGNEE  THEREOF,  THAT THERE IS A REASONABLE SUSPICION
THAT THE ACT OCCURRED. FAILURE OF AN EMPLOYEE TO MAKE A REPORT  PURSUANT
TO  THIS  PARAGRAPH  MAY NOT BE THE BASIS FOR ANY DISCIPLINARY ACTION OR
PROFESSIONAL MISCONDUCT CHARGE AGAINST THE EMPLOYEE;
  S 6. The education law is amended by adding a new section 2803 to read
as follows:
  S 2803. BULLYING PROHIBITED. 1. FOR  PURPOSES  OF  THIS  SECTION,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "PUBLIC SCHOOL" MEANS:
  (I)  A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, KINDERGARTEN OR PRE-KIN-
DERGARTEN PROGRAM, ADULT OR CONTINUING EDUCATION PROGRAM OR OTHER EDUCA-
TIONAL PROGRAM OPERATED BY A SCHOOL DISTRICT, CHARTER SCHOOL,  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
SION BOARDS; AND
  (II)  A  SCHOOL  OR EDUCATIONAL PROGRAM THAT SERVES STUDENTS IN ANY OF
GRADES KINDERGARTEN THROUGH TWELVE AND IS OPERATED BY THE DEPARTMENT, OR
IS OPERATED OR SUPERVISED BY ANOTHER STATE AGENCY OR A POLITICAL  SUBDI-
VISION AND IS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OF
THIS CHAPTER.
  B.  "PUBLICLY  FUNDED  SPECIAL  EDUCATION  PROGRAM"  MEANS AN APPROVED
PROVIDER OF  SPECIAL  EDUCATION  PROGRAMS  AND  SERVICES  UNDER  SECTION
FORTY-FOUR  HUNDRED TEN OF THIS CHAPTER, AN APPROVED PRIVATE RESIDENTIAL
OR NON-RESIDENTIAL SCHOOL FOR  THE  PROVISION  OF  SPECIAL  SERVICES  OR
PROGRAMS  PURSUANT  TO SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE
OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL SUBJECT TO THE  PROVISIONS  OF
ARTICLE  EIGHTY-FIVE  OF THIS CHAPTER OR ANY OTHER AGENCY OR ENTITY THAT
PROVIDES  SPECIAL  EDUCATION  PROGRAMS  OR  SERVICES  PURSUANT  TO   THE
PROVISIONS OF ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER.
  C.  "SCHOOL  PROPERTY"  MEANS  IN  OR  WITHIN ANY BUILDING, STRUCTURE,
ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC SCHOOL OR A PUBLICLY  FUNDED
SPECIAL  EDUCATION  PROGRAM;  OR  IN  OR  ON A SCHOOL BUS, AS DEFINED IN
SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE  AND  TRAFFIC  LAW;  AND  A
"SCHOOL  FUNCTION"  MEANS  A  SCHOOL SPONSORED EXTRA-CURRICULAR EVENT OR
ACTIVITY.

A. 6499                             3

  D. "BULLYING" MEANS THREATENING, STALKING  OR  SEEKING  TO  COERCE  OR
COMPEL  A PERSON TO DO SOMETHING; ENGAGING IN VERBAL OR PHYSICAL CONDUCT
THAT THREATENS ANOTHER WITH HARM, INCLUDING INTIMIDATION THROUGH THE USE
OF EPITHETS OR SLURS INVOLVING RACE, ETHNICITY, NATIONAL  ORIGIN,  RELI-
GION, RELIGIOUS PRACTICES, GENDER, SEXUAL ORIENTATION, OR DISABILITY.
  2.  NO STUDENT SHALL BE SUBJECT TO BULLYING BY ANY STUDENT OF A PUBLIC
SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM.
  3. A. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO  OF  THIS
SECTION  IN  A  PUBLIC  SCHOOL OR ON SCHOOL PROPERTY SHALL BE SUBJECT TO
DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S  CODE  OF  CONDUCT
ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE AND
THE  DISCIPLINE  PROCEDURES  APPLICABLE  TO STUDENTS OR EMPLOYEES OF THE
PUBLIC SCHOOL. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF
THIS SECTION IN A PUBLICLY FUNDED SPECIAL  EDUCATION  PROGRAM  SHALL  BE
SUBJECT  TO DISCIPLINE UNDER THE POLICIES AND PROCEDURES OF SUCH PROGRAM
GOVERNING STUDENT CONDUCT OR EMPLOYEE DISCIPLINE.
  B. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  CREATE  A  PRIVATE
CAUSE OF ACTION.
  4.  NOTHING  IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO
PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO  PRECLUDE  OR  LIMIT,
ANY  RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
ORDINANCE, LAW, RULE OR REGULATION.
  5. A  PLAIN-LANGUAGE,  AGE-APPROPRIATE  DESCRIPTION  OF  THE  POLICIES
OUTLINED  IN  SUBDIVISION  TWO  OF  THIS SECTION SHALL BE DISTRIBUTED TO
EMPLOYEES, STUDENTS AND PARENTS OF EACH PUBLIC SCHOOL OR PUBLICLY-FUNDED
SPECIAL EDUCATION PROGRAM ON AT LEAST AN ANNUAL BASIS. IN  THE  CASE  OF
PUBLIC  SCHOOLS,  SUCH  REQUIREMENT  SHALL  BE  MET  BY  INCLUDING  SUCH
DESCRIPTION IN THE SUMMARY OF THE  CODE  OF  CONDUCT  PROVIDED  TO  EACH
STUDENT  AND  MAILED  TO PARENTS PURSUANT TO SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
  6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT
OF COMPETENT JURISDICTION  DECLARES  ANY  PHRASE,  CLAUSE,  SENTENCE  OR
PROVISION  OF  THIS  ARTICLE  TO BE INVALID, OR ITS APPLICABILITY TO ANY
GOVERNMENT AGENCY, PERSON OR  CIRCUMSTANCE,  IS  DECLARED  INVALID,  THE
REMAINDER  OF  THIS  ARTICLE AND ITS RELEVANT APPLICABILITY SHALL NOT BE
AFFECTED.
  S 7. Section 3028-c of the education law, as added by chapter  181  of
the laws of 2000, is amended to read as follows:
  S  3028-c.  Protection of school employees who report acts of BULLYING
OR violence and weapons possession. Any school employee  having  reason-
able  cause to suspect that a person has committed an act of BULLYING AS
SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAP-
TER OR violence while in or on school  property,  or  having  reasonable
cause  to suspect that a person has committed an act of BULLYING AS SUCH
TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR
violence upon a student, school employee or volunteer either upon school
grounds or elsewhere, or having  reasonable  cause  to  suspect  that  a
person  has brought a gun, knife, bomb or other instrument capable of or
that appears capable of causing death or  physical  injury  upon  school
grounds  who in good faith reports such information to school officials,
to the commissioner, or to law enforcement authorities, shall have immu-
nity from any civil liability that may arise from  the  making  of  such
report,  and  no school district or school district employee shall take,
request or cause a retaliatory action  against  any  such  employee  who
makes such report.

A. 6499                             4

  S  8.  The penal law is amended by adding a new section 240.33 to read
as follows:
S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
  A  PERSON  IS  GUILTY  OF AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL
PERSONNEL WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON  WHOM  HE
OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
OTHER  STAFF  MEMBER  OF  A  PUBLIC OR PRIVATE ELEMENTARY, INTERMEDIATE,
JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS  OR
HER  EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER, ADMIN-
ISTRATOR OR OTHER STAFF MEMBER, AND WHEN SUCH  CONDUCT  TAKES  PLACE  ON
SCHOOL  PROPERTY  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
  AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL IS  A  CLASS  B
MISDEMEANOR.
  S  9.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.