S T A T E O F N E W Y O R K
________________________________________________________________________
2746
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
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 amended by chapter 102
of the laws of 2012, is amended to read as follows:
S 16. [Protection of people who report] REPORTING harassment, bullying
or discrimination. A. THE COMMISSIONER SHALL PROMULGATE RULES AND REGU-
LATIONS PROVIDING FOR A PROCESS BY WHICH ANY EMPLOYEE, PARENT, OR
STUDENT, HAVING REASONABLE CAUSE TO SUSPECT AN INCIDENT OF DISCRIMI-
NATION OR HARASSMENT AS DEFINED IN THIS ARTICLE, CAN REPORT SUCH INCI-
DENTS 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 DISCI-
PLINE, SUSPENSION OR EXPULSION OR REPORTS TO LAW ENFORCEMENT. SUCH
REPORT SHALL BE INVESTIGATED IMMEDIATELY, AND IT SHALL BE THE RESPONSI-
BILITY 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 harassment, bullying or discrimination, by an employee
or student, on school grounds or at a school function, who, acting
reasonably and in good faith, reports such information to school offi-
cials, to the commissioner or to law enforcement authorities, acts in
compliance with paragraph e or i of subdivision one of section thirteen
of this article, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03660-01-3
A. 2746 2
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 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 amended by
chapter 102 of the laws of 2012, is amended to read as follows:
7. "Harassment" and "bullying" shall mean the INTENTIONAL creation of
a hostile environment by [conduct or by threats] MEANS OF ELECTRONIC,
WRITTEN, VERBAL COMMUNICATION OR PHYSICAL CONDUCT, intimidation or
abuse, including cyberbullying, that (a) 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 (b) reasonably causes or would reasonably be expected to
cause a student to fear for his or her physical safety; or (c) reason-
ably causes or would reasonably be expected to cause physical injury or
emotional harm to a student; or (d) occurs off school property and
creates or would foreseeably create a risk of substantial disruption
within the school environment, where it is foreseeable that the ELEC-
TRONIC, WRITTEN OR VERBAL COMMUNICATION OR PHYSICAL conduct, threats,
intimidation or abuse might reach school property. Acts of harassment
and bullying shall include, but not be limited to, those acts based on a
person's actual or perceived race, color, weight, national origin,
ethnic group, religion, religious practice, disability, sexual orien-
tation, gender or sex. For the purposes of this definition the term
"threats, intimidation or abuse" shall include verbal and non-verbal
COMMUNICATION OR actions.
S 4. This act shall take effect immediately; provided, however, that
sections one and three of this act shall take effect on the same date
and in the same manner as chapter 102 of the laws of 2012 takes effect.