BILL NUMBER:A10674
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 OR GENERAL IDEA OF BILL: Prohibits harassment, intimidation or
bullying in schools.
SUMMARY OF SPECIFIC PROVISIONS: Amends section 2 of the education law to
define harassment, bullying and intimidation as an electronic communi-
cation, 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
S T A T E O F N E W Y O R K
________________________________________________________________________
10674
I N A S S E M B L Y
April 14, 2010
___________
Introduced by M. of A. MOLINARO, WEISENBERG -- read once and referred 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" MEANS AN ELECTRONIC COMMU-
NICATION, OR A WRITTEN, VERBAL, PHYSICAL, OR SEXUAL ACT THAT IS REASON-
ABLY 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 BEEN
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07129-01-9
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