senate Bill S1578A

2011-2012 Legislative Session

Requires teachers to be trained on combating bullying

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2012 print number 1578a
amend and recommit to education
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S1578 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3004, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S7759

S1578 - Bill Texts

view summary

Requires individuals applying for certification or licensure to be a teacher to complete a course of training in recognizing and responding to incidents of bullying and harassment.

view sponsor memo
BILL NUMBER:S1578

TITLE OF BILL:
An act
to amend the executive law and the state finance law, in
relation to
creating the New York state autism council

PURPOSE OR GENERAL IDEA OF BILL:
This bill authorizes the creation of the New York State Autism Council.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill defines the terms used within the legislation
and sets fourth the makeup of the council as well as the
responsibilities and duties of the council.

Section 2 establishes a fund for program service enhancements for
individuals diagnosed with autism spectrum disorder, autism awareness
projects or autism research projects approved by the Department of
Health.

Section 3 set for the effective date of the legislation.

JUSTIFICATION:
Autism is a complex developmental disorder that impairs learning and
slows intellectual development. It is one of the five disorders under
the umbrella of the Pervasive Developmental Disorders, a category of
neurological disorders characterized by severe and pervasive
impairment in several areas of development including motor, language,
cognitive and social skills. Autism is a spectrum disorder in which
the symptoms and characteristics present themselves in a wide variety
of combinations and ranges of severity. It typically appears in
children under the age of three and most children are diagnosed with
autism by the age of two. Over 17,000 individuals in New York have
been diagnosed with an autism spectrum disorder and the United States
Department of Education reports that autism is growing at a rate of
10-17-% per year.

Many parent and family groups across New York State offer critical
services, information and support. While the cause of autism is
unknown, there exists extensive care and treatment programs for
individuals with autism. This council will gather many of the state
agencies and autism support groups together to:

* approve autism awareness programs;

* carry out a program to provide information and education on program
and service enhancements to families in the state with members
suffering
from autism;

* establish a mechanism for the sharing of information among
researchers and clinicians in the state conducting biomedical
research on autism and autism spectrum disorder;

* provide for a mechanism that would permit the public to obtain
information on the existing and planned programs and activities being
conducted related to autism; and

* provide an annual report to the governor with the council's
recommendations and examining the creation of programs and services
for individuals with autism.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.5426 - Referred to Finance.
2009-2010: A.2993 - Referred to Mental Health.
2007-2008: A.6947 - Reported from Mental Health, referred to Ways and
Means

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

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

                                  1578

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 required training  for
  individuals applying for certification or licensure to be a teacher

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 3004 of the education law is amended by  adding  a
new subdivision 2-a to read as follows:
  2-A.  A.  THE  COMMISSIONER  SHALL PRESCRIBE REGULATIONS REQUIRING ALL
PERSONS APPLYING FOR CERTIFICATION OR A LICENSE TO BE A TEACHER,  ON  OR
AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TO HAVE COMPLETED A MINIMUM OF
SIX  HOURS OF COURSEWORK AND TRAINING IN HOW TO RECOGNIZE AND RESPOND TO
INCIDENTS OF BULLYING, HARASSMENT AND INTIMIDATION. EACH APPLICANT SHALL
PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT THE APPLICANT HAS
SUCCESSFULLY COMPLETED THE REQUIRED TRAINING. SUCH COURSEWORK OR  TRAIN-
ING  SHALL  BE  IN  ADDITION  TO  ALL  OTHER  CERTIFICATION OR LICENSURE
REQUIREMENTS.
  B. COURSEWORK AND TRAINING REQUIRED BY THIS SUBDIVISION SHALL: (I)  BE
PROVIDED  BY  AN  INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
DEPARTMENT TO PROVIDE  SUCH  COURSEWORK  OR  TRAINING;  AND  (II)  SHALL
INCLUDE,  BUT  NOT  BE LIMITED TO, INFORMATION TO HELP TEACHERS IDENTIFY
AND APPROPRIATELY RESPOND  TO  INCIDENTS  OF  BULLYING,  HARASSMENT  AND
INTIMIDATION  IN  SCHOOLS,  AND  SHALL  PROVIDE  TEACHERS WITH SKILLS TO
PROMOTE POSITIVE AND APPROPRIATE SOCIAL INTERACTIONS, TOLERANCE, RESPECT
AND ACCEPTANCE OF DIVERSITY.
  C. FOR THE PURPOSE OF THIS SECTION, BULLYING,  HARASSMENT  AND  INTIM-
IDATION ARE DEFINED AS ANY AGGRESSIVE BEHAVIOR INCLUDING VERBAL OR PHYS-
ICAL CONDUCT, AND WRITTEN OR ELECTRONIC COMMUNICATION, THAT HAS OR WOULD
HAVE  THE  EFFECT  OF  CREATING  A  HOSTILE  EDUCATIONAL  ENVIRONMENT BY
SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATIONAL BENEFITS,  OPPOR-
TUNITIES  OR  PERFORMANCE, OR WITH A STUDENT'S PHYSICAL OR PSYCHOLOGICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05340-01-1

S. 1578                             2

WELL-BEING, OR THAT REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO
CAUSE A STUDENT TO FEAR FOR HIS OR HER PHYSICAL SAFETY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

S1578A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3004, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S7759

S1578A (ACTIVE) - Bill Texts

view summary

Requires individuals applying for certification or licensure to be a teacher to complete a course of training in recognizing and responding to incidents of bullying and harassment.

view sponsor memo
BILL NUMBER:S1578A

TITLE OF BILL:
An act
to amend the education law, in relation to required training for
individuals applying for certification or licensure to be a teacher

SUMMARY OF PROVISIONS:
Section 1 amends education law by adding a new subdivision 2-a to
§3004 to require, as part of licensure and certification for teachers
a minimum of six hours of Course work or training in how to recognize
and respond to incidents of bullying, harassment and intimidation.
Each applicant shall provide the State Education Department with
documentation showing that they have successfully completed the
required training.

(2-b) requires coursework and training be provided by an institution
or provider which has been approved by the State Education Department.

(2-c) defines bullying, harassment and intimidation.

JUSTIFICATION:
Bullying at school is a pervasive problem that affects millions of
students every year. The National Center for Education Statistics
indicates student bullying is one of the most frequently reported
discipline problems at school: 21% of elementary schools, 43% of
middle schools, and 22% of high schools reported problems with
bullying in 2005-06.

A study cited in an American Medical Association report on bullying
found over two-thirds of students believe that schools respond poorly
to bullying, with a high percentage of students believing that adult
help is infrequent and ineffective. These findings suggest that
teachers are simply unaware of much of the bullying that occurs
around them (likely because much of the bullying is difficult to
detect and because children frequently are reluctant to report
bullying to adults).

By requiring pre-service training, new teachers will be better
equipped to identify and respond to potentially damaging
victimization, as well as to implement positive feedback and modeling
to address appropriate social interactions.

LEGISLATIVE HISTORY:
01/10/11 REFERRED TO EDUCATION
01/04/12 REFERRED TO EDUCATION

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:

This bill will take effect on the one hundred twentieth day following
the date on which it shall have become law.

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

                                 1578--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to required training  for
  individuals applying for certification or licensure to be a teacher

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 3004 of the education law is amended by  adding  a
new subdivision 2-a to read as follows:
  2-A.  A.  THE  COMMISSIONER  SHALL PRESCRIBE REGULATIONS REQUIRING ALL
PERSONS APPLYING FOR CERTIFICATION OR A LICENSE TO BE A TEACHER,  ON  OR
AFTER  JANUARY FIRST, TWO THOUSAND THIRTEEN, TO HAVE COMPLETED A MINIMUM
OF SIX HOURS OF COURSEWORK AND TRAINING IN HOW TO RECOGNIZE AND  RESPOND
TO  INCIDENTS  OF  BULLYING, HARASSMENT AND INTIMIDATION. EACH APPLICANT
SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT THE  APPLI-
CANT  HAS  SUCCESSFULLY COMPLETED THE REQUIRED TRAINING. SUCH COURSEWORK
OR TRAINING SHALL BE IN ADDITION TO ALL OTHER CERTIFICATION OR LICENSURE
REQUIREMENTS.
  B. COURSEWORK AND TRAINING REQUIRED BY THIS SUBDIVISION SHALL: (I)  BE
PROVIDED  BY  AN  INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
DEPARTMENT TO PROVIDE  SUCH  COURSEWORK  OR  TRAINING;  AND  (II)  SHALL
INCLUDE,  BUT  NOT  BE LIMITED TO, INFORMATION TO HELP TEACHERS IDENTIFY
AND APPROPRIATELY RESPOND  TO  INCIDENTS  OF  BULLYING,  HARASSMENT  AND
INTIMIDATION  IN  SCHOOLS,  AND  SHALL  PROVIDE  TEACHERS WITH SKILLS TO
PROMOTE POSITIVE AND APPROPRIATE SOCIAL INTERACTIONS, TOLERANCE, RESPECT
AND ACCEPTANCE OF DIVERSITY.
  C. FOR THE PURPOSE OF THIS SECTION, BULLYING,  HARASSMENT  AND  INTIM-
IDATION ARE DEFINED AS ANY AGGRESSIVE BEHAVIOR INCLUDING VERBAL OR PHYS-
ICAL CONDUCT, AND WRITTEN OR ELECTRONIC COMMUNICATION, THAT HAS OR WOULD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05340-02-2

S. 1578--A                          2

HAVE  THE  EFFECT  OF  CREATING  A  HOSTILE  EDUCATIONAL  ENVIRONMENT BY
SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATIONAL BENEFITS,  OPPOR-
TUNITIES  OR  PERFORMANCE, OR WITH A STUDENT'S PHYSICAL OR PSYCHOLOGICAL
WELL-BEING, OR THAT REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO
CAUSE A STUDENT TO FEAR FOR HIS OR HER PHYSICAL SAFETY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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