S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5437
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of A. TITUS, PEOPLES-STOKES, CAHILL, M. G. MILLER --
   Multi-Sponsored by -- M. of A. COLTON, GALEF, GOTTFRIED,  L. ROSENTHAL
   -- read once and referred 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:
   § 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.
              

                                                            LBD05871-01-9

 A. 5437                             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 TWENTY, 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.