S T A T E   O F   N E W   Y O R K
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                                  9535

                          I N  A S S E M B L Y

                             March 12, 2012
                               ___________

Introduced by M. of A. O'DONNELL, NOLAN -- read once and referred to the
  Committee on Education

AN  ACT  to amend the education law, in relation to expanding provisions
  relating to cyber-bullying in schools

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

  Section 1. Legislative findings and intent. The legislature recognizes
that  incidents of bullying, which is one aspect of harassment, continue
to disrupt the lives and education of students  across  the  state,  and
that  bullying  manifests  in  many  forms, including through the use of
technology in what is often called cyber-bullying. The legislature  also
recognizes  that most cyber-bullying originates off-campus, but nonethe-
less affects the school environment and disrupts the  educational  proc-
ess,  impeding  the  ability  of  students  to learn.   In expanding the
provisions of chapter 482 of the laws of 2010, the  legislature  intends
to give school districts tools to address cyber-bullying consistent with
the  emerging research in the field, but without making school districts
legally responsible for controlling or prohibiting behavior that  origi-
nates  off-campus and does not substantially disrupt the education proc-
ess or school learning environment.
  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, CYBER-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.
  S 3. Subdivision 7 of section 11 of the education  law,  as  added  by
chapter  482  of the laws of 2010, is amended and a new subdivision 8 is
added to read as follows:

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

                                                           LBD14644-01-2

A. 9535                             2

  7. "Harassment (BULLYING)" shall mean the creation of a hostile  envi-
ronment by conduct or by verbal threats, intimidation or abuse, CONVEYED
IN  ANY  MANNER  INCLUDING  BUT NOT LIMITED TO ELECTRONIC COMMUNICATION,
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 student to fear for his or  her  phys-
ical  safety;  such  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.
  8.  "CYBER-BULLYING"  FOR  THE  LIMITED  PURPOSES  OF   THE   TRAINING
PROVISIONS  OF  THIS ARTICLE SHALL MEAN HARASSMENT (BULLYING) AS DEFINED
IN SUBDIVISION SEVEN OF THIS SECTION WHEN SUCH HARASSMENT OCCURS THROUGH
ANY FORM OF ELECTRONIC COMMUNICATION.
  S 4. Subdivision 2 of section 12 of the education  law,  as  added  by
chapter 482 of the laws of 2010, is amended to read as follows:
  2. [An age-appropriate version of the] THE policy outlined in subdivi-
sion  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  5.  Section 13 of the education law, as added by chapter 482 of the
laws of 2010, is 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;
  2. Guidelines to be used in school training programs to discourage the
development of discrimination or  harassment  (BULLYING),  AND  TO  MAKE
SCHOOL  EMPLOYEES  AWARE  OF  THE  EFFECTS OF CYBER-BULLYING, HARASSMENT
(BULLYING) OR DISCRIMINATION ON STUDENTS, 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 (BULLYING); 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[.];
  4.  GUIDELINES  RELATING  TO THE DEVELOPMENT OF MEASURED, BALANCED AND
AGE-APPROPRIATE RESPONSES TO INSTANCES OF DISCRIMINATION  OR  HARASSMENT
(BULLYING),  WITH  REMEDIES  AND PROCEDURES FOCUSING ON INTERVENTION AND
EDUCATION; AND
  5. TRAINING REQUIRED BY THIS SECTION SHALL BE BASED ON  RESEARCH  THAT
ADDRESSES  SOCIAL  PATTERNS  OF AGGRESSION AND THE NEEDS OF STUDENTS WHO
BELONG TO SOCIALLY MARGINALIZED IDENTITY  CATEGORIES,  AND  ON  RESEARCH
THAT  ADDRESSES  PROFESSIONAL  PRACTICES THAT ARE EFFECTIVE IN ENHANCING
INCLUSION AND EQUITY AND ADDRESSING  PROBLEMS  OF  EXCLUSION,  DISCRIMI-
NATION, HARASSMENT, BIAS AND AGGRESSION IN EDUCATIONAL SETTINGS; SOCIAL-

A. 9535                             3

LY  MARGINALIZED  IDENTITY CATEGORIES INCLUDE, BUT ARE NOT LIMITED TO, A
STUDENT'S ACTUAL OR PERCEIVED  RACE,  COLOR,  WEIGHT,  NATIONAL  ORIGIN,
ETHNIC  GROUP,  RELIGION,  RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
TATION, GENDER, AND SEX.
  S  6.  Section 14 of the education law, as added by chapter 482 of the
laws of 2010, is amended to read as follows:
  S 14. Commissioner's responsibilities. The commissioner shall:
  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[.] AND PROVIDE  GUIDANCE  RELATED
TO  THE APPLICATION OF THE REGULATIONS, INCLUDING BUT NOT LIMITED TO THE
MANNER AND EXTENT TO WHICH BEHAVIOR THAT OCCURS OFF SCHOOL PROPERTY  AND
NOT  AT  A  SCHOOL  SPONSORED  EVENT MAY BE CONSIDERED IN FORMULATING AN
APPROPRIATE RESPONSE TO A VIOLATION OF THIS POLICY; AND
  4. PROVIDE GUIDANCE AND  EDUCATIONAL  MATERIALS  TO  SCHOOL  DISTRICTS
RELATED TO BEST PRACTICES IN ADDRESSING CYBER-BULLYING AND HELPING FAMI-
LIES  AND  COMMUNITIES  WORK  COOPERATIVELY  WITH  SCHOOLS IN ADDRESSING
CYBER-BULLYING, WHETHER ON OR OFF SCHOOL PROPERTY OR AT OR AWAY  FROM  A
SCHOOL FUNCTION.
  S  7. 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  HARASSMENT  AND
DISCRIMINATION,  observance  of  laws  and  rules, courtesy, dignity and
other traits which will enhance the quality of their experiences in, and
contributions to, the community.  SUCH COMPONENT SHALL INCLUDE  INSTRUC-
TION  ON  SAFE,  RESPONSIBLE USE OF THE INTERNET AND ELECTRONIC COMMUNI-
CATIONS. The regents shall determine how to incorporate  such  component
in  existing  curricula  and the commissioner shall promulgate any regu-
lations needed to carry out such determination of the regents.  For  the
purposes  of this section, "tolerance," "respect for others" and "digni-
ty" shall include awareness and sensitivity to discrimination or harass-
ment and civility  in  the  relations  of  people  of  different  races,
weights,  national  origins,  ethnic  groups, religions, religious prac-
tices, mental or physical abilities, sexual orientations,  genders,  and
sexes.
  S  8.  This  act shall take effect on July 1, 2013; provided, however,
that if chapter 482 of the laws of 2010 shall not have taken  effect  on
or before such date then this act shall take effect on the same date and
in the same manner as such chapter of the laws of 2010 takes effect.