S T A T E O F N E W Y O R K
________________________________________________________________________
6760
2017-2018 Regular Sessions
I N A S S E M B L Y
March 17, 2017
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to prohibiting school
district employees from having contact with children under the age of
eighteen on social media
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 3037
to read as follows:
§ 3037. PROHIBITION OF CONTACT ON SOCIAL MEDIA. 1. NO TEACHER, TEACH-
ER'S AIDE, ADMINISTRATOR, OR OTHER EMPLOYEE OF A SCHOOL DISTRICT SHALL
BE FRIENDS WITH, FOLLOW, OR OTHERWISE ASSOCIATE WITH A CHILD UNDER THE
AGE OF EIGHTEEN VIA SOCIAL MEDIA WITHOUT THE WRITTEN CONSENT OF A PARENT
OR LEGAL GUARDIAN UNLESS SUCH CHILD IS A FAMILY MEMBER; PROVIDED, HOWEV-
ER, THAT THIS SECTION SHALL NOT PREVENT A TEACHER, TEACHER'S AIDE,
ADMINISTRATOR, OR OTHER EMPLOYEE OF A SCHOOL DISTRICT FROM INTERACTING
WITH OR ASSOCIATING WITH A CHILD UNDER THE AGE OF EIGHTEEN ON A WEBSITE
OR SOCIAL MEDIA WHICH IS APPROVED BY THE SCHOOL TO BE USED FOR EDUCA-
TIONAL PURPOSES.
2. FOR THE PURPOSES OF THIS SECTION:
A. THE TERM "FAMILY MEMBER" SHALL MEAN A SON, DAUGHTER, AUNT, UNCLE,
NIECE, NEPHEW, OR GRANDCHILD OF THE TEACHER OR A SON, DAUGHTER, AUNT,
UNCLE, NIECE, NEPHEW, OR GRANDCHILD OF THE SPOUSE OR PARTNER OF SUCH
TEACHER, TEACHER'S AIDE, ADMINISTRATOR, OR OTHER EMPLOYEE OF A SCHOOL
DISTRICT.
B. THE TERM "SOCIAL MEDIA" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
FORMS OF COMMUNICATION THROUGH WHICH USERS PARTICIPATE IN ONLINE COMMU-
NITIES TO SHARE INFORMATION, IDEAS, PERSONAL MESSAGES, AND OTHER
CONTENT. SOCIAL MEDIA SHALL ALSO INCLUDE TEXT MESSAGES AND THE TRANS-
MISSION OF IMAGES VIA ELECTRONIC FORMS OF COMMUNICATION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10605-01-7