Assembly Bill A8966

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

                                  8966

                          I N  A S S E M B L Y

                            January 10, 2012
                               ___________

Introduced by M. of A. GIBSON -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to harassment of students

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

  Section 1. Section 16 of the education law, as added by chapter 482 of
the laws of 2010, is amended to read as follows:
  S 16. [Protection of people who report]  REPORTING  discrimination  or
harassment.  A.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
PROVIDING FOR A PROCESS BY  WHICH  ANY  EMPLOYEE,  PARENT,  OR  STUDENT,
HAVING  REASONABLE  CAUSE  TO  SUSPECT  AN INCIDENT OF DISCRIMINATION OR
HARASSMENT AS DEFINED IN THIS ARTICLE,  CAN  REPORT  SUCH  INCIDENTS  TO
APPROPRIATE  SCHOOL  OFFICIALS,  AND ALSO PROVIDE GUIDELINES FOR ACTIONS
WHICH SHALL BE TAKEN BY SCHOOL OFFICIALS PURSUANT TO SUCH REPORTS.  SUCH
ACTIONS  MAY  INCLUDE RECOMMENDED COUNSELING, SCHOOL DISCIPLINE, SUSPEN-
SION OR EXPULSION OR REPORTS TO LAW ENFORCEMENT.  SUCH REPORT  SHALL  BE
INVESTIGATED  IMMEDIATELY,  AND  IT  SHALL  BE THE RESPONSIBILITY OF ANY
SCHOOL OFFICIAL TO REPORT AND INVESTIGATE  SUCH  INCIDENTS  AND  RESPOND
APPROPRIATELY  ACCORDING  TO  SUCH RULES AND REGULATIONS.   SUCH REPORTS
SHALL BE MADE AVAILABLE BY THE SCHOOL UPON REQUEST.
  B. Any person having reasonable cause to suspect that  a  student  has
been  subjected  to  discrimination  or  harassment  by  an  employee or
student, on school grounds or at a school function, who, acting  reason-
ably  and in good faith, either reports such information to school offi-
cials, to the commissioner, or to law enforcement authorities or  other-
wise  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.

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

                                                           LBD13568-02-1

A. 8966                             2

  S 2. Section 10 of the education law, as added by chapter 482  of  the
laws of 2010, is amended to read as follows:
  S 10. Legislative intent. The legislature finds that students' ability
to  learn and to meet high academic standards, and a school's ability to
educate its students, are compromised by incidents of discrimination  or
harassment  including  bullying,  taunting or intimidation. It is hereby
declared to be the policy of the state to afford all students in  public
schools  an  environment  free  of  discrimination  and  harassment. The
purpose of this article is to foster civility in public schools  and  to
prevent  and  prohibit  conduct  which  is  inconsistent with a school's
educational mission. PUBLIC SCHOOLS SHALL  HAVE  THE  RESPONSIBILITY  TO
FOSTER  A  LEARNING ENVIRONMENT FREE FROM INCIDENTS OF DISCRIMINATION OR
HARASSMENT INCLUDING BULLYING, TAUNTING OR INTIMIDATION  AS  DEFINED  IN
THIS ARTICLE.
  S  3.  Subdivision  7  of section 11 of the education law, as added by
chapter 482 of the laws of 2010, is amended to read as follows:
  7. "Harassment" shall mean the INTENTIONAL creation of a hostile envi-
ronment  [by  conduct  or]  by  MEANS  OF  ELECTRONIC,  WRITTEN,  verbal
[threats]  COMMUNICATION OR PHYSICAL CONDUCT, intimidation or abuse that
has or would have the effect of unreasonably and substantially interfer-
ing with a student's educational performance, opportunities or benefits,
or mental, emotional or physical  well-being;  or  ELECTRONIC,  WRITTEN,
VERBAL COMMUNICATION OR PHYSICAL conduct, [verbal threats,] intimidation
or abuse that reasonably causes or would reasonably be expected to cause
a student to fear for his or her physical safety; such ELECTRONIC, WRIT-
TEN  OR  VERBAL  COMMUNICATION  OR  PHYSICAL  conduct, [verbal threats,]
intimidation or abuse includes but is not limited to  [conduct,  verbal]
threats,  intimidation  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.
  S  4.  This  act  shall  take  effect on the same date and in the same
manner as chapter 482 of the laws of 2010 takes effect.