The New York State Senate

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

                                 4921--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

Introduced  by  Sens.  SALAND,  SKELOS,  FLANAGAN, MAZIARZ, ALESI, BALL,
  BONACIC, DeFRANCISCO, FARLEY,  FUSCHILLO,  GALLIVAN,  GOLDEN,  GRIFFO,
  GRISANTI,  HANNON,  JOHNSON,  LANZA,  LARKIN, LAVALLE, LIBOUS, LITTLE,
  MARCELLINO, MARTINS, McDONALD, NOZZOLIO, O'MARA, OPPENHEIMER,  RANZEN-
  HOFER,  RITCHIE,  ROBACH,  SEWARD,  YOUNG,  ZELDIN  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  recommitted 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 prohibiting bullying
  on school property or at school functions

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

  Section  1.  Legislative  intent.  In recent years, New York has taken
steps to ensure that school pupils, teachers  and  other  personnel  are
provided  with  a  safe and secure learning environment.  However, egre-
gious incidents of bullying, both in person and through the use of tech-
nology, continue to plague all of our students. The  legislature  recog-
nizes that bullying manifests in many forms and for innumerable reasons.
The  legislature  finds it is vital to protect all students from acts of
bullying, therefore, this legislation expands  upon  the  provisions  of
chapter 482 of the laws of 2010.
  While the physical wounds may heal, the effects of bullying can last a
lifetime.  Therefore, the legislature finds that prohibiting bullying is
an appropriate means to enhance the  safety  of  students  in  New  York
state's public schools. Furthermore, in today's age of advanced technol-
ogy,  twenty-four  hour connectivity and social networking, students who
are subjected to acts of bullying have no reprieve. Taunts and  acts  of
bullying  that  begin in school follow students home every day, and have
lasting impacts on such students. Conversely, bullying through  the  use
of  technology can begin away from school property, yet have devastating

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03599-08-2

S. 4921--A                          2

effects on the student's ability to  learn  in  a  safe  environment  at
school. While bullying through the use of technology may occur away from
school  property, it can create a hostile environment for the student at
school  and  it can materially and substantially disrupt the educational
process. Therefore, to further ensure the safety of students and  school
employees,  it  is the intent of the legislature to provide schools with
the tools to  identify,  prevent,  and  prohibit  bullying  against  all
students, both conventional and cyber-bullying.
  S 2. Short title. This act shall be known and may be cited as the "Law
to Encourage the Acceptance of All Differences (LEAD)".
  S 3.  Section 801-a of the education law, as amended by chapter 482 of
the laws of 2010, is amended to read as follows:
  S 801-a. Instruction in civility, citizenship and character education.
The  regents  shall  ensure  that  the  course  of instruction in grades
kindergarten through twelve includes a component on  civility,  citizen-
ship  and character education. Such component shall instruct students on
the principles of honesty, tolerance, personal  responsibility,  respect
for  others WITH AN EMPHASIS ON DISCOURAGING ACTS OF BULLYING AS DEFINED
IN SECTION TWELVE OF THIS CHAPTER, observance of laws and rules, courte-
sy, dignity and other traits which will enhance  the  quality  of  their
experiences  in,  and contributions to, the community. The regents shall
determine how to incorporate such component in  existing  curricula  and
the  commissioner  shall  promulgate any regulations needed to carry out
such determination of the regents. For the  purposes  of  this  section,
"tolerance,"  "respect for others" and "dignity" shall include awareness
and sensitivity to discrimination or harassment  and  civility  [in  the
relations  of] TOWARD ALL STUDENTS, INCLUDING BUT NOT LIMITED TO, people
of different races, weights, national origins, ethnic groups, religions,
religious practices, mental or physical abilities, sexual  orientations,
genders, and sexes.
  S  4.  Paragraph  d  of subdivision 2 of section 2801 of the education
law, as added by chapter 181 of the laws of 2000, is amended to read  as
follows:
  d.  disciplinary  measures  to  be  taken  in  incidents involving the
possession or use of illegal substances or weapons, the use of  physical
force,  BULLYING, vandalism, violation of another student's civil rights
and threats of violence;
  S 5. Subdivision 2 of section 2801 of the education law is amended  by
adding a new paragraph f-1 to read as follows:
  F-1.  PROCEDURES BY WHICH ANY SCHOOL EMPLOYEE, HAVING REASONABLE CAUSE
TO SUSPECT THAT A STUDENT HAS BEEN THE VICTIM OF BULLYING OR HAS COMMIT-
TED  AN  ACT  OF  BULLYING AS DEFINED IN SECTION TWELVE OF THIS CHAPTER,
SHALL BE REQUIRED TO REPORT SUCH INCIDENT TO THE PRINCIPAL  OR  DESIGNEE
THEREOF.  IF  THE PRINCIPAL OR HIS OR HER DESIGNEE DETERMINES THAT THERE
IS A REASONABLE CAUSE TO BELIEVE THAT THE INCIDENT OCCURRED, HE  OR  SHE
SHALL  REPORT  SUCH  INCIDENT  TO  THE  SUPERINTENDENT. ANY EMPLOYEE WHO
REASONABLY AND IN GOOD FAITH MAKES A REPORT OF AN ACT OF BULLYING TO THE
PRINCIPAL OR DESIGNEE THEREOF SHALL HAVE IMMUNITY FROM  CIVIL  LIABILITY
WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS;
  S  6.  Section 11 of the education law, as added by chapter 482 of the
laws of 2010, is amended to read as follows:
  S 11.  Definitions. For the purposes of this  article,  the  following
terms shall have the following meanings:
  1.  "School  property"  AND "SCHOOL FUNCTION" shall [mean in or within
any building, structure, athletic  playing  field,  playground,  parking
lot,  or  land  contained  within  the  real property boundary line of a

S. 4921--A                          3

public elementary or secondary school; or in or  on  a  school  bus,  as
defined in section one hundred forty-two of the vehicle and traffic law.
  2.  "School  function"  shall mean a school-sponsored extra-curricular
event or activity] HAVE THE SAME MEANINGS AS SET  FORTH  IN  SUBDIVISION
ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
  [3.]  2.  "Disability" shall mean disability as defined in subdivision
twenty-one of section two hundred ninety-two of the executive law.
  [4. "Employee" shall mean employee as defined in subdivision three  of
section eleven hundred twenty-five of this title.
  5.] 3. "Sexual orientation" shall mean actual or perceived heterosexu-
ality, homosexuality or bisexuality.
  [6.]  4. "Gender" shall mean actual or perceived sex and shall include
a person's gender identity or expression.
  [7. "Harassment" shall mean the creation] 5. "CREATION  of  a  hostile
environment [by]" SHALL MEAN ENGAGING IN conduct or [by] verbal threats,
intimidation  or abuse that has or would have the effect of unreasonably
and substantially interfering with a student's educational  performance,
opportunities  or benefits, or mental, emotional or physical well-being;
or conduct, verbal threats, intimidation or abuse that reasonably causes
or would reasonably be expected to cause [a] ANY student to fear for his
or her physical safety[; such conduct, verbal threats,  intimidation  or
abuse  includes  but  is  not limited to conduct, verbal threats, intim-
idation or abuse based on a person's actual or  perceived  race,  color,
weight,  national  origin,  ethnic  group, religion, religious practice,
disability, sexual orientation, gender or sex]  OR  DAMAGE  HIS  OR  HER
PROPERTY.
  6.    "BULLYING"  SHALL MEAN THE SEVERE OR REPEATED USE BY ONE OR MORE
STUDENTS  OR  SCHOOL  EMPLOYEES  OF  A  WRITTEN,  VERBAL  OR  ELECTRONIC
EXPRESSION,  OR  A  PHYSICAL ACT OR GESTURE, OR ANY COMBINATION THEREOF,
DIRECTED AT A STUDENT THAT EITHER REACHES SCHOOL PROPERTY  OR  A  SCHOOL
FUNCTION  OR  CREATES  A REASONABLY FORESEEABLE RISK THAT IT COULD REACH
SCHOOL PROPERTY OR A SCHOOL FUNCTION AND SUBSTANTIALLY IMPACT THE SCHOOL
ENVIRONMENT:  (I) CAUSING PHYSICAL INJURY, SERIOUS  PHYSICAL  INJURY  OR
EMOTIONAL  HARM TO THE STUDENT OR DAMAGE TO THE STUDENT'S PROPERTY; (II)
CREATING A HOSTILE ENVIRONMENT AT SCHOOL FOR THE STUDENT;  OR  (III)  OR
WOULD  OTHERWISE  MATERIALLY  AND  SUBSTANTIALLY DISRUPT THE EDUCATIONAL
PROCESS OR THE ORDERLY OPERATION OF A SCHOOL. THE  TERM  BULLYING  SHALL
INCLUDE COMMUNICATIONS OR DISSEMINATION OF ANY MATERIAL THROUGH WRITTEN,
VERBAL  OR  ELECTRONIC EXPRESSIONS WHICH CREATE A HOSTILE ENVIRONMENT AT
SCHOOL OR DISRUPT THE EDUCATIONAL PROCESS AS SET FORTH IN  SUBPARAGRAPHS
(II)  AND  (III)  OF  THIS PARAGRAPH, REGARDLESS OF WHETHER THE COMMUNI-
CATION IS INITIATED ON OR OFF SCHOOL PROPERTY.  ACTS OF  BULLYING  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO, THOSE ACTS WHICH ARE MOTIVATED BY A
STUDENT'S ACTUAL OR PERCEIVED  RACE,  COLOR,  WEIGHT,  NATIONAL  ORIGIN,
ETHNIC  GROUP,  RELIGION,  RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
TATION, GENDER, OR SEX.
  S 7.  Section 12 of the education law, as added by chapter 482 of  the
laws of 2010, is amended to read as follows:
  S  12.  [Discrimination  and  harassment]  BULLYING AND DISCRIMINATION
prohibited. 1. No student shall be subjected to [harassment] BULLYING by
employees or students on school property [or at a school  function;  nor
shall any].
  A. NO STUDENT OR SCHOOL EMPLOYEE SHALL SUBJECT ANY STUDENT OF A PUBLIC
SCHOOL  OR  PUBLICLY  FUNDED  SPECIAL  EDUCATION  PROGRAM TO BULLYING AS
DEFINED IN THIS ARTICLE.

S. 4921--A                          4

  B. ANY STUDENT OR SCHOOL EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVI-
SION TWO OF THIS SECTION IN A PUBLIC SCHOOL OR ON SCHOOL PROPERTY  SHALL
BE SUBJECT TO DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S CODE
OF  CONDUCT ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
ARTICLE  AND  THE APPLICABLE DISCIPLINE PROCEDURES, INCLUDING ANY DISCI-
PLINE PROCEDURES OUTLINED IN A COLLECTIVE BARGAINING AGREEMENT  PURSUANT
TO  ARTICLE  FOURTEEN  OF  THE  CIVIL SERVICE LAW. ANY STUDENT OR SCHOOL
EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION  IN
A  PUBLICLY  FUNDED SPECIAL EDUCATION PROGRAM SHALL BE SUBJECT TO DISCI-
PLINE UNDER THE  POLICIES  AND  PROCEDURES  OF  SUCH  PROGRAM  GOVERNING
CONDUCT.
  C.  NOTHING  IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO
PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO  PRECLUDE  OR  LIMIT,
ANY  RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
ORDINANCE, LAW, RULE OR REGULATION.
  2. NO student SHALL be subjected to discrimination based on a person's
actual or perceived race, color, weight, national origin, ethnic  group,
religion, religious practice, disability, sexual orientation, gender, or
sex  by  school  employees or students on school property or at a school
function. Nothing in this subdivision shall be construed to  prohibit  a
denial  of  admission  into,  or exclusion from, a course of instruction
based on a person's gender that would be permissible under section thir-
ty-two hundred one-a or paragraph (a)  of  subdivision  two  of  section
twenty-eight  hundred  fifty-four  of  this  chapter and title IX of the
Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.),  or  to
prohibit,  as  discrimination based on disability, actions that would be
permissible under section 504 of the Rehabilitation Act of 1973.
  [2. An age-appropriate version of the policy outlined  in  subdivision
one of this section, written in plain-language, shall be included in the
code  of conduct adopted by boards of education and the trustees or sole
trustee pursuant to section twenty-eight hundred one of this chapter and
a summary of such policy shall be included in any summaries required  by
such section twenty-eight hundred one.]
  S  8.  Sections  13,  14,  15 and 16 of the education law, as added by
chapter 482 of the laws of 2010, are amended to read as follows:
  S 13. Policies and guidelines. The board of education and the trustees
or sole trustee of every  school  district  shall  create  policies  and
guidelines that shall include, but not be limited to:
  1.  Policies intended to create a school environment that is free from
discrimination or [harassment] BULLYING; AND
  2. Guidelines to be used in school training programs to discourage the
development of discrimination or  [harassment]  BULLYING  and  that  are
designed:
  a.  to  raise  the  awareness  and  sensitivity of school employees to
potential discrimination or [harassment] BULLYING, and
  b. to enable employees to prevent and  respond  to  discrimination  or
[harassment; and
  3.   Guidelines  relating  to  the  development  of  nondiscriminatory
instructional and counseling methods, and requiring that  at  least  one
staff  member  at  every  school  be  thoroughly trained to handle human
relations in the areas of race, color, weight, national  origin,  ethnic
group,  religion,  religious  practice,  disability, sexual orientation,
gender, and sex] BULLYING.
  S 14. Commissioner's responsibilities. The commissioner shall:

S. 4921--A                          5

  1. Provide direction, which may include development of model  policies
and,  to  the  extent  possible,  direct  services,  to school districts
related to preventing discrimination and [harassment]  BULLYING  and  to
fostering  an  environment  in every school where all children can learn
free of manifestations of bias;
  2.  Provide grants, from funds appropriated for such purpose, to local
school districts to assist them in implementing the guidelines set forth
in this section; and
  3. Promulgate regulations to assist school districts  in  implementing
this article including, but not limited to, regulations to assist school
districts   in   developing   measured,  balanced,  and  age-appropriate
responses to violations of this policy,  with  remedies  and  procedures
focusing on intervention and education.
  4.  THE  COMMISSIONER  SHALL  PRESCRIBE REGULATIONS REQUIRING THAT ALL
PERSONS APPLYING ON OR AFTER SEPTEMBER SECOND, TWO THOUSAND THIRTEEN FOR
A TEACHING CERTIFICATE OR  LICENSE,  INCLUDING  BUT  NOT  LIMITED  TO  A
CERTIFICATE  OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, SCHOOL
ADMINISTRATOR OR SUPERVISOR OR  SUPERINTENDENT  OF  SCHOOLS,  SHALL,  IN
ADDITION  TO  ALL  OTHER  CERTIFICATION  OR LICENSING REQUIREMENTS, HAVE
COMPLETED TRAINING IN THE IDENTIFICATION AND MITIGATION OF  BULLYING  IN
AREAS INCLUDING BUT NOT LIMITED TO RACE, COLOR, WEIGHT, NATIONAL ORIGIN,
ETHNIC  GROUP,  RELIGION,  RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
TATION, GENDER AND SEX.
  S 15. Reporting by  commissioner.  The  commissioner  shall  create  a
procedure  under which material incidents of discrimination and [harass-
ment] BULLYING on school [grounds or at a school function] PROPERTY,  AS
SUCH  TERM  IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER, are reported to the department at least on an  annual  basis.  Such
procedure shall provide that such reports shall, wherever possible, also
delineate  the  specific  nature  of such incidents of discrimination or
[harassment] BULLYING, provided that the commissioner  may  comply  with
the  requirements  of  this  section through use of the existing uniform
violent incident reporting system.    In  addition  the  department  may
conduct research or undertake studies to determine compliance throughout
the state with the provisions of this article.
  S  16.  Protection of people who report discrimination or [harassment]
BULLYING. Any person having reasonable cause to suspect that  a  student
has  been  subjected  to  discrimination  or [harassment] BULLYING by an
employee or student, on school [grounds or at a school function,]  PROP-
ERTY,  AS  SUCH  TERM  IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER, who, acting reasonably and in good faith,  either  reports
such  information  to  school  officials, to the commissioner, or to law
enforcement authorities or otherwise initiates, testifies,  participates
or  assists  in  any  formal or informal proceedings under this article,
shall have immunity from any civil liability that  may  arise  from  the
making  of  such report or from initiating, testifying, participating or
assisting in such formal or informal proceedings, and no school district
or employee shall take, request or cause a  retaliatory  action  against
any  such  person who, acting reasonably and in good faith, either makes
such a report or initiates, testifies, participates or assists  in  such
formal or informal proceedings.
  S 9. This act shall take effect July 1, 2013; provided that if chapter
482  of  the laws of 2010 shall not have taken effect prior to such date
then this act shall take effect on the same date and in the same  manner
as such chapter 482 of the laws of 2010, takes effect.