S T A T E   O F   N E W   Y O R K
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                                  2746

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced by M. of A. GIBSON -- read once and referred 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 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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03660-01-3
              

A. 2746                             2

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  2.  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 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) reasonably causes or would reasonably be expected to
cause a student to fear for his or her physical safety; or  (c)  reason-
ably  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 foreseeable  that  the  ELEC-
TRONIC,  WRITTEN  OR  VERBAL COMMUNICATION OR PHYSICAL conduct, threats,
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 practice,  disability,  sexual  orien-
tation,  gender  or  sex.  For  the purposes of this definition the term
"threats, intimidation or abuse" shall  include  verbal  and  non-verbal
COMMUNICATION OR actions.
  S  4.  This act shall take effect immediately; provided, however, that
sections one and three of this act shall take effect on  the  same  date
and in the same manner as chapter 102 of the laws of 2012 takes effect.