S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    495
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. PERRY
   -- read once and referred to the Committee on Education
 
 AN  ACT  to amend the education law, in relation to prohibiting bullying
   on school property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  intent.  In recent years, New York has taken
 steps to ensure that school pupils, teachers  and  other  personnel  are
 provided  with  a  safe and secure learning environment.  However, egre-
 gious incidents of bullying, both in person and through the use of tech-
 nology, continue to plague all of our students. The  legislature  recog-
 nizes that bullying manifests in many forms and for innumerable reasons.
 The  legislature  finds it is vital to protect all students from acts of
 bullying, therefore, this legislation expands  upon  the  provisions  of
 chapter 482 of the laws of 2010.
   While the physical wounds may heal, the effects of bullying can last a
 lifetime.  Therefore, the legislature finds that prohibiting bullying is
 an appropriate means to enhance the  safety  of  students  in  New  York
 state's public schools. Furthermore, in today's age of advanced technol-
 ogy,  twenty-four  hour connectivity and social networking, students who
 are subjected to acts of bullying have no reprieve. Taunts and  acts  of
 bullying  that  begin in school follow students home every day, and have
 lasting impacts on such students. Conversely, bullying through  the  use
 of  technology can begin away from school property, yet have devastating
 effects on the student's ability to  learn  in  a  safe  environment  at
 school. While bullying through the use of technology may occur away from
 school  property, it can create a hostile environment for the student at
 school and it can materially and substantially disrupt  the  educational
 process.  Therefore, to further ensure the safety of students and school
 employees, it is the intent of the legislature to provide  schools  with

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02008-01-7
              

 A. 495                              2
 
 the  tools  to  identify,  prevent,  and  prohibit  bullying against all
 students, both conventional and cyber-bullying.
   § 2. Short title. This act shall be known and may be cited as the "Law
 to Encourage the Acceptance of All Differences (LEAD)".
   § 3.  Section 801-a of the education law, as amended by chapter 102 of
 the laws of 2012, is amended to read as follows:
   § 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,]
 bullying AS DEFINED IN SECTION ELEVEN OF THIS  CHAPTER,  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 instruction of safe, respon-
 sible  use  of  the  internet and electronic communications. The regents
 shall determine how to incorporate 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 harassment, bullying, discrimination and civility in
 the  relations  of]  TOWARD  ALL STUDENTS, INCLUDING BUT NOT LIMITED TO,
 people of different races, weights,  national  origins,  ethnic  groups,
 religions,  religious  practices,  mental  or physical abilities, sexual
 orientations, genders, and sexes.
   § 4. Paragraph d of subdivision 2 of section  2801  of  the  education
 law,  as added by chapter 181 of the laws of 2000, is amended to read as
 follows:
   d. disciplinary measures  to  be  taken  in  incidents  involving  the
 possession  or use of illegal substances or weapons, the use of physical
 force, BULLYING, vandalism, violation of another student's civil  rights
 and threats of violence;
   §  5. Subdivision 2 of section 2801 of the education law is amended by
 adding a new paragraph f-1 to read as follows:
   F-1.  PROCEDURES BY WHICH ANY SCHOOL EMPLOYEE, HAVING REASONABLE CAUSE
 TO SUSPECT THAT A STUDENT HAS BEEN THE VICTIM OF BULLYING OR HAS COMMIT-
 TED AN ACT OF BULLYING AS DEFINED IN SECTION  ELEVEN  OF  THIS  CHAPTER,
 SHALL  BE  REQUIRED TO REPORT SUCH INCIDENT TO THE PRINCIPAL OR DESIGNEE
 THEREOF. IF THE PRINCIPAL OR HIS OR HER DESIGNEE DETERMINES  THAT  THERE
 IS  A  REASONABLE CAUSE TO BELIEVE THAT THE INCIDENT OCCURRED, HE OR SHE
 SHALL REPORT SUCH INCIDENT  TO  THE  SUPERINTENDENT.  ANY  EMPLOYEE  WHO
 REASONABLY AND IN GOOD FAITH MAKES A REPORT OF AN ACT OF BULLYING TO THE
 PRINCIPAL  OR  DESIGNEE THEREOF SHALL HAVE IMMUNITY FROM CIVIL LIABILITY
 WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS;
   § 6. Section 11 of the education law, as added by chapter 482  of  the
 laws  of  2010,  subdivision  7 as amended and subdivision 8 as added by
 chapter 102 of the laws of 2012, is amended to read as follows:
   § 11.  Definitions. For the purposes of this  article,  the  following
 terms shall have the following meanings:
   1. "School property" shall [mean in or within any building, structure,
 athletic playing field, playground, parking lot, or land contained with-
 in  the  real property boundary line of a public elementary or secondary
 school; or in or on a school bus, as  defined  in  section  one  hundred
 forty-two of the vehicle and traffic law.

 A. 495                              3

   2.  "School  function"  shall mean a school-sponsored extra-curricular
 event or activity] HAVE THE SAME MEANING AS SET FORTH IN  SECTION  TWEN-
 TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   [3.]  2.  "Disability" shall mean disability as defined in subdivision
 twenty-one of section two hundred ninety-two of the executive law.
   [4. "Employee" shall mean employee as defined in subdivision three  of
 section eleven hundred twenty-five of this title.
   5.] 3. "Sexual orientation" shall mean actual or perceived heterosexu-
 ality, homosexuality or bisexuality.
   [6.]  4. "Gender" shall mean actual or perceived sex and shall include
 a person's gender identity or expression.
   [7. "Harassment" and "bullying" shall mean the creation] 5.  "CREATION
 of  a  hostile  environment [by]" SHALL MEAN ENGAGING IN conduct or [by]
 threats, 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)  reasonably  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 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.
   6.  "BULLYING" SHALL MEAN THE SEVERE OR REPEATED USE BY  ONE  OR  MORE
 STUDENTS  OR  SCHOOL  EMPLOYEES  OF  A  WRITTEN,  VERBAL  OR  ELECTRONIC
 EXPRESSION, OR A PHYSICAL ACT OR GESTURE, OR  ANY  COMBINATION  THEREOF,
 DIRECTED AT A STUDENT THAT HAS THE EFFECT OF CREATING A HOSTILE ENVIRON-
 MENT.  ACTS OF BULLYING SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE ACTS
 WHICH  ARE  MOTIVATED  BY  A  STUDENT'S ACTUAL OR PERCEIVED RACE, COLOR,
 WEIGHT, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELIGIOUS  PRACTICE,
 DISABILITY, SEXUAL ORIENTATION, GENDER, OR SEX.
   [8.] 7. "Cyberbullying" shall mean [harassment or] bullying as defined
 in  subdivision  [seven] SIX of this section[, including paragraphs (a),
 (b), (c) and (d) of such subdivision,] where such [harassment or] bully-
 ing occurs through any form of electronic communication.
   § 7.  Section 12 of the education law, as added by chapter 482 of  the
 laws  of  2010,  subdivision  1 as amended by chapter 102 of the laws of
 2012, is amended to read as follows:
   § 12. [Discrimination  and  harassment]  BULLYING  AND  DISCRIMINATION
 prohibited.   1. No student shall be subjected to [harassment or] bully-
 ing by employees or students on school property [or at  a  school  func-
 tion; nor shall any].
   A. NO STUDENT OR SCHOOL EMPLOYEE SHALL SUBJECT ANY STUDENT OF A PUBLIC
 SCHOOL  OR  PUBLICLY  FUNDED  SPECIAL  EDUCATION  PROGRAM TO BULLYING AS
 DEFINED IN THIS ARTICLE.
   B. ANY STUDENT OR SCHOOL EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVI-
 SION TWO OF THIS SECTION IN A PUBLIC SCHOOL OR ON SCHOOL PROPERTY  SHALL
 BE SUBJECT TO DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S CODE
 OF  CONDUCT ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
 ARTICLE AND THE APPLICABLE DISCIPLINE PROCEDURES.  ANY STUDENT OR SCHOOL

 A. 495                              4
 
 EMPLOYEE FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION  IN
 A  PUBLICLY  FUNDED SPECIAL EDUCATION PROGRAM SHALL BE SUBJECT TO DISCI-
 PLINE UNDER THE  POLICIES  AND  PROCEDURES  OF  SUCH  PROGRAM  GOVERNING
 CONDUCT.
   C.  NOTHING  IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO
 PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
 THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO  PRECLUDE  OR  LIMIT,
 ANY  RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
 ORDINANCE, LAW, RULE OR REGULATION.
   2. NO student SHALL be subjected to discrimination based on a person's
 actual or perceived race, color, weight, national origin, ethnic  group,
 religion, religious practice, disability, sexual orientation, gender, or
 sex  by  school  employees or students on school property or at a school
 function. Nothing in this subdivision shall be construed to  prohibit  a
 denial  of  admission  into,  or exclusion from, a course of instruction
 based on a person's gender that would be permissible under section thir-
 ty-two hundred one-a or paragraph (a)  of  subdivision  two  of  section
 twenty-eight  hundred  fifty-four  of  this  chapter and title IX of the
 Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.),  or  to
 prohibit,  as  discrimination based on disability, actions that would be
 permissible under section 504 of the Rehabilitation Act of 1973.
   [2. An age-appropriate version of the policy outlined  in  subdivision
 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.]
   § 8. Section 13 of the education law, as amended by chapter 102 of the
 laws of 2012, is amended to read as follows:
   § 13. Policies and guidelines. The board of education and the trustees
 or  sole  trustee of every school district shall create policies, proce-
 dures and guidelines that shall include, but not be limited to:
   1. Policies and procedures intended to  create  a  school  environment
 that  is  free  from  [harassment,]  bullying  and  discrimination, that
 include but are not limited to provisions which:
   a. identify the principal, superintendent or the principal's or super-
 intendent's designee as  the  school  employee  charged  with  receiving
 reports of [harassment,] bullying and discrimination;
   b.  enable  students  and parents to make an oral or written report of
 [harassment,] bullying or discrimination to teachers, administrators and
 other school personnel that the school district deems appropriate;
   c. require school employees  who  witness  [harassment,]  bullying  or
 discrimination,  or  receive  an oral or written report of [harassment,]
 bullying or discrimination, to promptly  orally  notify  the  principal,
 superintendent or the principal's or superintendent's designee not later
 than  one  school day after such school employee witnesses or receives a
 report of [harassment,] bullying or discrimination, and to file a  writ-
 ten report with the principal, superintendent or the principal or super-
 intendent's  designee  not  later than two school days after making such
 oral report;
   d. require the principal, superintendent or the principal's or  super-
 intendent's  designee to lead or supervise the thorough investigation of
 all reports of [harassment,] bullying and discrimination, and to  ensure
 that such investigation is completed promptly after receipt of any writ-
 ten reports made under this section;

 A. 495                              5
 
   e. require the school, when an investigation reveals any such verified
 [harassment,] bullying or discrimination, to take prompt actions reason-
 ably  calculated  to  end  the [harassment,] bullying or discrimination,
 eliminate any hostile environment, create a more positive school culture
 and  climate,  prevent recurrence of the behavior, and ensure the safety
 of the student or students against whom such [harassment,]  bullying  or
 discrimination  was  directed. Such actions shall be consistent with the
 guidelines created pursuant to subdivision four of this section;
   f. prohibit retaliation against any individual  who,  in  good  faith,
 reports,  or  assists in the investigation of, [harassment,] bullying or
 discrimination;
   g. include a school strategy to  prevent  [harassment,]  bullying  and
 discrimination;
   h.  require  the principal to make a regular report on data and trends
 related to [harassment,] bullying and discrimination to the  superinten-
 dent;
   i.  require the principal, superintendent or the principal's or super-
 intendent's designee, to  notify  promptly  the  appropriate  local  law
 enforcement  agency  when  such principal, superintendent or the princi-
 pal's or superintendent's  designee,  believes  that  any  [harassment,]
 bullying or discrimination constitutes criminal conduct;
   j.  include  appropriate  references  to  the provisions of the school
 district's code of conduct  adopted  pursuant  to  section  twenty-eight
 hundred  one of this chapter that are relevant to [harassment,] bullying
 and discrimination;
   k. require each school, at least once  during  each  school  year,  to
 provide  all  school  employees,  students and parents with a written or
 electronic copy of the school district's policies  created  pursuant  to
 this  section,  or a plain-language summary thereof, including notifica-
 tion of the process by which students, parents and school employees  may
 report [harassment,] bullying and discrimination. This subdivision shall
 not be construed to require additional distribution of such policies and
 guidelines  if  they  are  otherwise  distributed  to  school employees,
 students and parents;
   l. maintain current versions of the school district's policies created
 pursuant to this section on the school district's internet  website,  if
 one exists;
   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,  cyber-
 bullying and discrimination on students 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,]  bully-
 ing and discrimination; 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; and
   4. Guidelines relating to the development of  measured,  balanced  and
 age-appropriate  responses  to  instances  of  [harassment,] bullying or
 discrimination by students, with remedies  and  procedures  following  a
 progressive  model that make appropriate use of intervention, discipline
 and education, vary in method according to the nature of  the  behavior,

 A. 495                              6
 
 the  developmental age of the student and the student's history of prob-
 lem behaviors, and are consistent with the district's code  of  conduct;
 and
   5. Training required by this section shall address the social patterns
 of  [harassment,]  bullying  and  discrimination,  as defined in section
 eleven of this article, including but not 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, the identification  and  mitigation  of  [harass-
 ment,]  bullying  and  discrimination,  and  strategies  for effectively
 addressing problems of exclusion, bias  and  aggression  in  educational
 settings.
   § 9. Section 14 of the education law, as amended by chapter 102 of the
 laws  of  2012,  subdivision  5  as amended by chapter 90 of the laws of
 2013, is amended to read as follows:
   § 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 [harassment,] bullying and discrimination  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;
   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
 following a progressive model that make appropriate use of intervention,
 discipline and education and provide guidance related to the application
 of regulations; and
   4. Provide guidance and  educational  materials  to  school  districts
 related  to best practices in addressing cyberbullying and helping fami-
 lies and communities  work  cooperatively  with  schools  in  addressing
 cyberbullying,  whether  on  or off school property or at or away from a
 school function.
   5. The commissioner shall prescribe regulations  that  school  profes-
 sionals  applying  on or after December thirty-first, two thousand thir-
 teen for a certificate or  license,  including  but  not  limited  to  a
 certificate  or license valid for service as a classroom teacher, school
 counselor, school psychologist, school social worker, school administra-
 tor or supervisor or superintendent of schools shall, in addition to all
 other certification or licensing requirements, have  completed  training
 on  the social patterns of [harassment,] bullying and discrimination, as
 defined in section eleven of this article, including but not 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, the identification and mitigation  of
 [harassment,]  bullying  and  discrimination,  and strategies for effec-
 tively addressing problems of exclusion, bias and aggression  in  educa-
 tional settings.
   §  10.  Section  15 of the education law, as amended by chapter 102 of
 the laws of 2012, is amended to read as follows:
   § 15. Reporting by  commissioner.  The  commissioner  shall  create  a
 procedure  under  which material incidents of [harassment,] bullying and
 discrimination on school [grounds or at a school function] PROPERTY,  AS

 A. 495                              7
 
 SUCH  TERM  IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
 TER, are reported to the department at least on an  annual  basis.  Such
 procedure shall provide that such reports shall, wherever possible, also
 delineate  the specific nature of such incidents of [harassment,] bully-
 ing and discrimination, provided that the commissioner may  comply  with
 the  requirements  of  this  section through use of the existing uniform
 violent incident  reporting  system.  In  addition  the  department  may
 conduct research or undertake studies to determine compliance throughout
 the state with the provisions of this article.
   §  11.  Section  16 of the education law, as amended by chapter 102 of
 the laws of 2012, is amended to read as follows:
   § 16. Protection  of  people  who  report  [harassment,]  bullying  or
 discrimination.  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]
 PROPERTY, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF
 THIS CHAPTER, who, acting reasonably and in  good  faith,  reports  such
 information  to school officials, to the commissioner or to law enforce-
 ment authorities, acts in compliance with paragraph e or i  of  subdivi-
 sion  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 employee shall take, request or cause a retaliato-
 ry 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.
   § 12. This act shall take effect immediately.