Senate Bill S2086

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2086
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. COMRIE, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 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:
   §  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.
   (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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00212-01-7
              

 S. 2086                             2
 
 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 EIGHTEEN, 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary 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.