senate Bill S2288

Directs the commissioner of education to promulgate rules and regulations that prohibit harassment, intimidation and bullying of students

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Directs the commissioner of education to promulgate rule and regulations that prohibit harassment, intimidation and bullying of students; school districts shall be responsible for making copies of such policies available to parents, guardians, students, volunteers and school employees.

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Bill Details

See Assembly Version of this Bill:
A1985
Versions:
S2288
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยง313-b, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5051, A5050
2009-2010: A5544, A5544
2007-2008: A6916, A6916

Sponsor Memo

BILL NUMBER:S2288 REVISED 1/25/13

TITLE OF BILL:
An act
to amend the education law, in relation to harassment prevention
policies

PURPOSE: Prohibits harassment, intimidation or
bullying in schools.

SUMMARY OF PROVISIONS:

Section 1. The education law is amended by adding a new section 313-b
to outline and define harassment prevention policies.
Part 1. The commissioner of the education department shall
promulgate rules and regulations that prohibit the harassment,
intimidation or bullying of any student. It is the responsibility of
each school district to make available copies of such policies to
parents, guardians, students, volunteers and school employees.

Part 2. Defines "harassment, intimidation or bullying" as any
intentional electronic, written, verbal or physical act with the
intention to physically harm a student or damage a student's
property, interfere with a student's education, disrupting the
orderly operation of the school.

Part 3. The commissioner shall
consult with parents, school personnel and other interested parties
and provide to school districts a model harassment, intimidation or
bullying prevention policy. The commissioner shall post the model
policy, recommended training materials and instructional materials on
the department's website.

Part 4. By August 1, 2014, the commissioner shall update the
harassment, intimidation and bullying policy to include a section
addressing acts of harassment that are conducted via electronic
means. The policy shall include materials to educate parents and
students about the severity of cyber-bullying. If a school district
has internet use policies, the act of harassing, intimidating or
bullying another student online shall be included as a prohibited act
and be subject to disciplinary action.

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: S.5051 of 2012 Referred to
Education

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one
hundred
twentieth day after it shall have become law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the timely implementation of this
act on its effective date are authorized and directed to be made and
completed on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2288

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 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 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:
  S  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.
                                                           LBD01723-01-3

S. 2288                             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 FOURTEEN, 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.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become law; provided, however, that effective immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the timely implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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