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
              

allow disciplinary measures to be taken in instances involving harass-
ment, intimidation and/or bullying.

Education Law Section 2801 subdivision 2 subparagraph (f) is amended to
include a provision in codes of conduct to allow anonymous reporting and
appropriate remedial actions for those who have falsely accused one of
harassment, intimidation and/or bullying.

Education Law Section 2801 subdivision 2 subparagraph (f) (1) is amended
to include a provision in codes of conduct to create procedures to
investigate reports of harassment, intimidation, and/or bullying.

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 chil-
dren 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 technolo-
gy 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

cyberbullying 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.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it
shall become law.