S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6119
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 of students
 
   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,  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. PUBLIC SCHOOLS SHALL  HAVE  THE  RESPONSIBILITY  TO
 FOSTER  A  LEARNING ENVIRONMENT FREE FROM INCIDENTS OF DISCRIMINATION OR
 HARASSMENT INCLUDING BULLYING, TAUNTING OR INTIMIDATION  AS  DEFINED  IN
 THIS ARTICLE.
   § 2. 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] REPORTING harassment, bullying
 or discrimination.  A. THE COMMISSIONER SHALL PROMULGATE RULES AND REGU-
 LATIONS  PROVIDING  FOR  A  PROCESS  BY  WHICH  ANY EMPLOYEE, PARENT, OR
 STUDENT, HAVING REASONABLE CAUSE TO SUSPECT  AN  INCIDENT  OF  DISCRIMI-
 NATION  OR  HARASSMENT AS DEFINED IN THIS ARTICLE, CAN REPORT SUCH INCI-
 DENTS TO APPROPRIATE SCHOOL OFFICIALS, AND ALSO PROVIDE  GUIDELINES  FOR
 ACTIONS  WHICH  SHALL  BE  TAKEN  BY  SCHOOL  OFFICIALS PURSUANT TO SUCH
 REPORTS. SUCH ACTIONS MAY INCLUDE RECOMMENDED COUNSELING, SCHOOL  DISCI-
 PLINE,  SUSPENSION  OR  EXPULSION  OR REPORTS TO LAW ENFORCEMENT.   SUCH
 REPORT SHALL BE INVESTIGATED IMMEDIATELY, AND IT SHALL BE THE  RESPONSI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11901-01-9

 S. 6119                             2
 
 BILITY  OF  ANY SCHOOL OFFICIAL TO REPORT AND INVESTIGATE SUCH INCIDENTS
 AND RESPOND APPROPRIATELY ACCORDING TO SUCH RULES AND REGULATIONS.  SUCH
 REPORTS SHALL BE MADE AVAILABLE BY THE SCHOOL UPON REQUEST.
   B.  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 offi-
 cials, to the commissioner or to law enforcement  authorities,  acts  in
 compliance  with paragraph e or i of subdivision 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 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.
   § 3. Subdivision 7 of section 11 of the education law, as  amended  by
 chapter 102 of the laws of 2012, is amended to read as follows:
   7.  "Harassment" and "bullying" shall mean the INTENTIONAL creation of
 a hostile environment by [conduct or by threats]  MEANS  OF  ELECTRONIC,
 WRITTEN,  VERBAL  COMMUNICATION  OR  PHYSICAL  CONDUCT,  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) ELECTRONIC, WRITTEN, VERBAL COMMUNICATION OR PHYSICAL
 CONDUCT,  INTIMIDATION  OR ABUSE THAT reasonably causes or would reason-
 ably 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  fore-
 seeable  that the [conduct, threats,] ELECTRONIC, WRITTEN, VERBAL COMMU-
 NICATION OR PHYSICAL CONDUCT OR 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  prac-
 tice,  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.]
   § 4. This act shall take effect immediately.