S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6278
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
   DINOWITZ, 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:
   § 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.
   § 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.
              

                                                            LBD10196-01-9

 A. 6278                             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.
   §  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
   § 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

 A. 6278                             3
 
   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.
   §  5. 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,  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.
   § 6. The education law is amended by adding a  new  section  814-a  to
 read as follows:
   §  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.
   § 7. This act shall take effect immediately.