Assembly Bill A6604

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

                                  6604

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2011
                               ___________

Introduced by M. of A. MOLINARO -- read once and referred to the Commit-
  tee 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.  THE  TERM  "HARASSMENT,
INTIMIDATION, OR BULLYING" MEANS AN ELECTRONIC COMMUNICATION, OR A WRIT-
TEN,  VERBAL,  PHYSICAL,  OR  SEXUAL ACT THAT IS REASONABLY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08281-01-1

              

A. 6604                             2

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
force,  vandalism,  violation  of  another  student's  civil  rights and
threats of violence, INCLUDING HARASSMENT, INTIMIDATION OR BULLYING;
  f. procedures by which violations are reported, INCLUDING A  PROVISION
FOR  ANONYMOUSLY  REPORTING, determined, discipline measures imposed and
discipline measures carried out, CONSEQUENCES AND  APPROPRIATE  REMEDIAL
ACTION FOR PERSONS FOUND TO HAVE FALSELY ACCUSED ANOTHER;
  F-1.  PROCEDURES  FOR  PROMPT  INVESTIGATION  OF  REPORTS  OF  SERIOUS
VIOLATIONS AND COMPLAINTS;
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.