The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3027
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. WALSH, J. M. GIGLIO, PALMESANO, McDONOUGH, BRABE-
   NEC, REILLY, MIKULIN, WOERNER, MANKTELOW, DeSTEFANO, GOODELL, MONTESA-
   NO,  SMITH, B. MILLER -- Multi-Sponsored by -- M. of A. GALEF, HAWLEY,
   MORINELLO, TAGUE -- read once and referred to the Committee on  Educa-
   tion

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

                                                            LBD03844-01-1

 A. 3027                             2
 
 COUNSELOR,  SCHOOL  SOCIAL  WORKER,  SCHOOL  PSYCHOLOGIST, SCHOOL NURSE,
 PRINCIPAL OR ASSISTANT PRINCIPAL SHALL DETERMINE,  USING  THEIR  PROFES-
 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.