The New York State Senate

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

                                  8259

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2019
                               ___________

Introduced  by M. of A. WALSH -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in  relation  to  enacting  "Jacobe's
  law"

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

  Section 1. This act shall be known and may be cited as "Jacobe's law".
  § 2. The education law is amended by adding a new section 15-a to read
as follows:
  § 15-A. REPORTING BY SCHOOL EMPLOYEES. 1. SCHOOL EMPLOYEES, AS DEFINED
IN SUBDIVISION FOUR OF THIS SECTION, SHALL INVESTIGATE  AND  VERIFY,  IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, THAT A REPORTED INCIDENT
OF HARASSMENT, BULLYING OR DISCRIMINATION HAS OCCURRED.
  2. UPON A VERIFIED INCIDENT OF HARASSMENT, BULLYING OR DISCRIMINATION,
A  LICENSED  OR CERTIFIED SCHOOL COUNSELOR, SCHOOL SOCIAL WORKER, SCHOOL
PSYCHOLOGIST, SCHOOL  NURSE,  PRINCIPAL  OR  ASSISTANT  PRINCIPAL  SHALL
DISCUSS WITH EACH STUDENT INVOLVED IN THE INCIDENT WHETHER HE OR SHE HAS
ANY HEALTH, SAFETY OR PRIVACY CONCERNS WITH THE SCHOOL EMPLOYEE MAKING A
REASONABLE  AND  GOOD  FAITH EFFORT TO CONTACT THEIR PARENT OR PERSON IN
PARENTAL RELATION. ANY DISCUSSIONS SHALL BE  IMMEDIATELY  DOCUMENTED  BY
SUCH SCHOOL COUNSELOR, SCHOOL SOCIAL WORKER, SCHOOL PSYCHOLOGIST, SCHOOL
NURSE, PRINCIPAL OR ASSISTANT PRINCIPAL.
  3.  IF A STUDENT DOES NOT EXPRESS A HEALTH, SAFETY OR PRIVACY CONCERN,
THE SCHOOL EMPLOYEE SHALL MAKE A REASONABLE AND  GOOD  FAITH  EFFORT  TO
CONTACT  THE  PARENT  OR  PERSON  IN  PARENTAL  RELATION OF THE STUDENTS
INVOLVED IN THE INCIDENT BY TELEPHONE, EMAIL, MAIL  OR  OTHER  MEANS  TO
DISCUSS THE INCIDENT AND WAYS TO EFFECTIVELY ADDRESS THE SITUATION. IF A
STUDENT  DOES  EXPRESS  A HEALTH, SAFETY OR PRIVACY CONCERN, SUCH SCHOOL
COUNSELOR, SCHOOL SOCIAL  WORKER,  SCHOOL  PSYCHOLOGIST,  SCHOOL  NURSE,
PRINCIPAL  OR  ASSISTANT  PRINCIPAL SHALL DETERMINE, USING THEIR PROFES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02285-01-9

A. 8259                             2

SIONAL JUDGEMENT, IF CONTACTING A STUDENT'S PARENT OR PERSON IN PARENTAL
RELATION WOULD BE IN THE BEST INTEREST OF THE STUDENT.
  4. AS USED IN THIS SECTION "SCHOOL EMPLOYEE" SHALL MEAN THE PRINCIPAL,
SUPERINTENDENT  OR  THE  PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE WHO IS
CHARGED WITH RECEIVING REPORTS OF  HARASSMENT,  BULLYING  AND  DISCRIMI-
NATION  IN  ACCORDANCE  WITH  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION
THIRTEEN OF THIS ARTICLE.
  § 3. 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 discrim-
ination. 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,  who,
acting  reasonably and in good faith, reports such information to school
officials, to the commissioner or to law enforcement  authorities,  acts
in  compliance with paragraph e or i of subdivision one of section thir-
teen of this article OR WITH  SECTION  FIFTEEN-A  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  retaliatory  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.
  § 4. This act shall take effect immediately.