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

                                 1224--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. TITUS, PEOPLES-STOKES, CAHILL, MILLER -- Multi-
  Sponsored by -- M. of A. COLTON, GALEF, GOTTFRIED,  MARKEY,  ROBINSON,
  ROSENTHAL, WRIGHT -- read once and referred to the Committee on Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to harassment  prevention
  policies

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

  Section 1. The education law is amended by adding a new section  313-b
to read as follows:
  S  313-B.  HARASSMENT  PREVENTION  POLICIES. 1. THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS THAT PROHIBIT  THE  HARASSMENT,  INTIM-
IDATION  OR  BULLYING  OF ANY STUDENT. IT SHALL BE THE RESPONSIBILITY OF
EACH SCHOOL DISTRICT TO  MAKE  AVAILABLE  COPIES  OF  SUCH  POLICIES  TO
PARENTS, GUARDIANS, STUDENTS, VOLUNTEERS AND SCHOOL EMPLOYEES.
  2. AS USED IN THIS SECTION:
  (A)  "HARASSMENT, INTIMIDATION OR BULLYING" SHALL MEAN ANY INTENTIONAL
ELECTRONIC, WRITTEN, VERBAL OR PHYSICAL ACT, INCLUDING BUT  NOT  LIMITED
TO  ONE  SHOWN  TO BE MOTIVATED BY ANY CHARACTERISTIC IN SECTION 240.25,
240.26, 240.30 OR 240.31 OF THE PENAL LAW, OR OTHER DISTINGUISHING CHAR-
ACTERISTICS, WHEN THE INTENTIONAL ELECTRONIC, WRITTEN, VERBAL  OR  PHYS-
ICAL ACT:
  (1) PHYSICALLY HARMS A STUDENT OR DAMAGES THE STUDENT'S PROPERTY; OR
  (2)  HAS  THE  EFFECT  OF  SUBSTANTIALLY  INTERFERING WITH A STUDENT'S
EDUCATION; OR
  (3) IS SO SEVERE, PERSISTENT OR PERVASIVE THAT IT  CREATES  AN  INTIM-
IDATING EDUCATIONAL ENVIRONMENT; OR
  (4)  HAS  THE EFFECT OF SUBSTANTIALLY DISRUPTING THE ORDERLY OPERATION
OF THE SCHOOL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06601-03-6
              

A. 1224--A                          2

  (B) "ELECTRONIC" OR "ELECTRONIC MEANS" SHALL  MEAN  ANY  COMMUNICATION
WHERE  THERE  IS THE TRANSMISSION OF INFORMATION BY WIRE, RADIO, OPTICAL
CABLE, ELECTROMAGNETIC OR OTHER SIMILAR MEANS. SUCH TERMS SHALL INCLUDE,
BUT NOT BE LIMITED TO, COMMUNICATION VIA ELECTRONIC MAIL, INTERNET-BASED
COMMUNICATIONS, PAGER SERVICE, CELL PHONES AND ELECTRONIC MESSAGING.
  3. THE COMMISSIONER, IN PROMULGATING SUCH RULES AND REGULATIONS, SHALL
CONSULT WITH PARENTS, SCHOOL PERSONNEL AND OTHER INTERESTED PARTIES. THE
COMMISSIONER  SHALL  PROVIDE  TO  SCHOOL  DISTRICTS  A MODEL HARASSMENT,
INTIMIDATION AND BULLYING PREVENTION POLICY AS WELL AS TRAINING  MATERI-
ALS FOR USE IN IMPLEMENTING SUCH POLICY. THE COMMISSIONER SHALL POST THE
MODEL POLICY, RECOMMENDED TRAINING MATERIALS AND INSTRUCTIONAL MATERIALS
ON THE DEPARTMENT'S WEBSITE.
  4.  THE  COMMISSIONER,  BY AUGUST FIRST, TWO THOUSAND SEVENTEEN, SHALL
UPDATE THE HARASSMENT, INTIMIDATION AND BULLYING  POLICY  TO  INCLUDE  A
SECTION ADDRESSING ACTS OF HARASSMENT, INTIMIDATION OR BULLYING THAT ARE
CONDUCTED  VIA  ELECTRONIC MEANS. THE POLICY SHALL INCLUDE A REQUIREMENT
THAT MATERIALS MEANT TO EDUCATE PARENTS AND STUDENTS ABOUT THE  SERIOUS-
NESS  OF CYBERBULLYING BE DISSEMINATED TO PARENTS OR MADE AVAILABLE ON A
SCHOOL DISTRICT'S WEBSITE. THE MATERIAL  SHALL  INCLUDE  INFORMATION  ON
RESPONSIBLE  AND SAFE INTERNET USE AS WELL AS WHAT OPTIONS ARE AVAILABLE
IF A STUDENT IS BEING BULLIED VIA ELECTRONIC MEANS  INCLUDING,  BUT  NOT
LIMITED TO, REPORTING THREATS TO LOCAL POLICE AND WHEN TO INVOLVE SCHOOL
OFFICIALS, THE INTERNET SERVICE PROVIDER OR PHONE SERVICE PROVIDER. IF A
SCHOOL  DISTRICT HAS INTERNET USE POLICIES, THE ACT OF HARASSING, INTIM-
IDATING OR BULLYING ANOTHER STUDENT VIA ONLINE MEANS SHALL  BE  INCLUDED
AS A PROHIBITED ACT AND BE SUBJECT TO DISCIPLINARY ACTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become law; provided, however, that effective immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the timely implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.