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

                                  6707

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
  DINOWITZ, MOYA, ORTIZ, RIVERA, RODRIGUEZ -- read once and referred  to
  the Committee on Education

AN  ACT to amend the education law, in relation to including cyberbully-
  ing in the provisions of the dignity for all students act and  courses
  of study in cyberbullying for pupils in grades five through nine

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

  Section 1. 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, CYBERBULLYING, 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 2. Subdivision 7 of section 11 of the education law, as  amended  by
chapter  102  of the laws of 2012, is amended and two new subdivisions 9
and 10 are added to read as follows:
  7. "Harassment" and "bullying" shall mean the creation  of  a  hostile
environment  by  conduct or by threats, intimidation or abuse, including
cyberbullying, CONDUCTED IN ANY MANNER INCLUDING, BUT  NOT  LIMITED  TO,
ELECTRONIC  COMMUNICATION,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05742-01-5
              

A. 6707                             2

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 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
orientation, gender or sex. For the purposes of this definition the term
"threats, intimidation or abuse" shall  include  verbal  and  non-verbal
actions AND CYBERBULLYING.
  9.  "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER  OF SIGNS,
SIGNALS, WRITINGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE  OF  ANY  NATURE
TRANSMITTED,  IN  WHOLE  OR  IN PART, BY A WIRE, RADIO, ELECTROMAGNETIC,
PHOTO-ELECTRONIC  OR  PHOTO-OPTIONAL  SYSTEM.  ELECTRONIC  COMMUNICATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATION
THROUGH THE INTERNET.
  10.  "CYBERBULLYING" SHALL MEAN TO INTENTIONALLY ENGAGE IN A COURSE OF
CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER THE AGE
OF EIGHTEEN YEARS, WHEN THE ACTOR KNOWS OR REASONABLY SHOULD  KNOW  THAT
SUCH CONDUCT:
  A.  HARASSES,  THREATENS,  INTIMIDATES,  ABUSES  OR  CREATES A HOSTILE
SOCIAL OR PHYSICAL ENVIRONMENT FOR SUCH CHILD;
  B. INSTILLS A REASONABLE FEAR OF MATERIAL HARM TO THE PHYSICAL, MENTAL
OR EMOTIONAL HEALTH, WELL-BEING, SAFETY OR PROPERTY OF SUCH CHILD;
  C. CAUSES MATERIAL HARM TO THE PHYSICAL, MENTAL OR  EMOTIONAL  HEALTH,
WELL-BEING, SAFETY OR PROPERTY OF SUCH CHILD;
  D.  CAUSES  PUBLIC  EMBARRASSMENT,  SHAME,  SOCIAL  OSTRACISM OR UNDUE
ATTENTION TO SUCH CHILD; OR
  E. INCLUDES THE IMPERSONATION OF ANOTHER PERSON BY ELECTRONIC COMMUNI-
CATION TO CAUSE OR WITH INTENT TO CAUSE HARM AS SPECIFIED  IN  PARAGRAPH
A, B, C OR D OF THIS SUBDIVISION.
  S  3.  Subdivision 2 of section 13 of the education law, as amended by
chapter 102 of the laws of 2012, is amended to read as follows:
  2. Guidelines to be used in school training programs to discourage the
development of harassment, bullying  and  discrimination,  and  to  make
school employees aware of the effects of harassment, bullying, cyberbul-
lying  and  discrimination  on  students AND OTHER SCHOOL EMPLOYEES, and
that are designed:
  a. to raise the awareness  and  sensitivity  of  school  employees  to
potential harassment, bullying and discrimination, and
  b.  to enable employees to prevent and respond to harassment, bullying
and discrimination; and
  S 4. Subdivisions 3 and 4 of section 14 of the education law, subdivi-
sion 3 as amended and subdivision 4 as added by chapter 102 of the  laws
of 2012, are amended to read as follows:
  3. Promulgate regulations, GUIDANCE OR MODEL POLICIES to assist school
districts  in  implementing  this article including, but not limited to,
[regulations to assist] ASSISTING school districts in  developing  meas-
ured,  balanced,  and  age-appropriate  responses  to violations of this
policy, with remedies and procedures following a progressive model  that
make  appropriate  use  of  intervention,  discipline  and education and
provide guidance related to the application of SUCH  regulations,  GUID-
ANCE  OR  MODEL POLICIES ON THE MANNER AND EXTENT TO WHICH BEHAVIOR THAT
OCCURS OFF SCHOOL PROPERTY MAY BE CONSIDERED IN FORMULATING AN APPROPRI-
ATE RESPONSE TO A VIOLATION OF SUCH REGULATIONS, GUIDANCE OR MODEL POLI-
CIES; and

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  4. Provide guidance and  educational  materials  to  school  districts
related to best practices in addressing cyberbullying AND HARASSMENT and
helping  families  and  communities  work  cooperatively with schools in
addressing cyberbullying, whether on or off school  property  or  at  or
away from a school function.
  S  5. Section 801-a of the education law, as amended by chapter 102 of
the laws of 2012, 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,  bully-
ing,  CYBERBULLYING, discrimination, observance of laws and rules, cour-
tesy, dignity and other traits which will enhance the quality  of  their
experiences  in,  and  contributions  to,  the community. Such component
shall include instruction of safe, responsible use of the  internet  and
electronic  communications.  The regents shall determine how to incorpo-
rate 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 harass-
ment, bullying, discrimination and civility in the relations  of  people
of different races, weights, national origins, ethnic groups, religions,
religious  practices, mental or physical abilities, sexual orientations,
genders, and sexes.
  S 6. The education law is amended by adding a  new  section  814-a  to
read as follows:
  S  814-A.  COURSES  OF STUDY IN CYBERBULLYING.  1. FOR THE PURPOSES OF
THIS SECTION:
  A. "CYBERBULLYING" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDIVI-
SION TEN OF SECTION ELEVEN OF THIS CHAPTER.
  B. "ELECTRONIC COMMUNICATION" SHALL HAVE THE SAME MEANING AS  PROVIDED
IN SUBDIVISION NINE OF SECTION ELEVEN OF THIS CHAPTER.
  2.    EVERY  SCHOOL  DISTRICT IN THE STATE SHALL PROVIDE, TO PUPILS IN
GRADES FIVE THROUGH NINE, INSTRUCTION DESIGNED TO CURTAIL  OR  ELIMINATE
CYBERBULLYING AND PROMOTE CIVILITY WHEN USING THE INTERNET AND CONVEYING
AN  ELECTRONIC  COMMUNICATION. SUCH CURRICULA SHALL INSTRUCT STUDENTS ON
THE  PRINCIPLES  OF  TOLERANCE,  PERSONAL  RESPONSIBILITY,  RESPECT  FOR
OTHERS,  OBSERVANCE  OF  LAWS  AND RULES, COURTESY AND OTHER TRAITS THAT
SHOULD BE OBSERVED DURING USE OF THE INTERNET OR WHEN CONVEYING AN ELEC-
TRONIC COMMUNICATION.
  3. A SCHOOL DISTRICT MAY, INSTEAD OF ESTABLISHING A SEPARATE CLASS  OR
DESIGNATED  PERIOD  OF  TIME DEVOTED TO A COURSE ON CYBERBULLYING, INTE-
GRATE SUCH COURSE OF STUDY OR INSTRUCTION  INTO  OTHER  RELATED  CLASSES
THAT  PROVIDE  INSTRUCTION  IN SUBJECTS RELATED TO CIVILITY, CITIZENSHIP
AND CHARACTER EDUCATION PURSUANT TO SECTION EIGHT HUNDRED ONE-A OF  THIS
ARTICLE,  OR  HEALTH EDUCATION PURSUANT TO SECTION EIGHT HUNDRED FOUR OF
THIS ARTICLE, OR ANY OTHER COURSE OF INSTRUCTION DEEMED  APPROPRIATE  BY
THE SCHOOL DISTRICT.
  4.  THE  COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE TO AID IN THE
DEVELOPMENT OF CURRICULA FOR SUCH COURSES OF STUDY WHICH  SHALL  BE  AGE
APPROPRIATE AND DEVELOPED ACCORDING TO THE NEEDS AND ABILITIES OF PUPILS
AT SUCCESSIVE GRADE LEVELS IN ORDER TO PROVIDE AWARENESS, SKILLS, INFOR-
MATION AND SUPPORT TO AID IN THE ELIMINATION OF CYBERBULLYING.
  S 7. This act shall take effect immediately.