Prohibits harassment, intimidation or bullying in schools

31 Co-sponsors

• Harvey Weisenberg
• Jack Quinn III
• John McEneny
• Joan Christensen
• Jane Corwin
• David Weprin
• Aileen Gunther
• Ginny Fields
• Tony Jordan
• Janet Duprey
• Sandy Galef
• Frank Skartados
• Joseph Giglio
• Ellen C. Jaffee
• Mike Spano
• David Koon
• Andrew Raia
• Dean Murray
• Marc Butler
• David Townsend
• Michael Montesano
• Gary Finch
• Louis Tobacco
• James Bacalles
• Vito Lopez
• Teresa Sayward
• Nancy Calhoun
• James Conte
• Thomas McKevitt
• Joel Miller
• Nettie Mayersohn

8 Multi-sponsors

• William A. Barclay
• Clifford Crouch
• Brian Kolb
• Margaret Markey
• Robert Oaks
• Thomas F. O'Mara
• Ann Rabbitt
• Fred Thiele

BILL NUMBER:A10674

Title of bill

An act to amend the education law, in relation to requiring provisions in schools that prohibit harassment, intimidation or bullying whether by electronic communication or a written, verbal, physical or sexual act

Purpose or general idea of bill

Prohibits harassment, intimidation or bullying in schools.

Summary of specific provisions

Amends section 2 of the education law to define harassment, bullying and intimidation as an electronic communi- cation, or a written, verbal, physical, or sexual act that is reasonable perceived to have the effect of harming a student physically or emotionally or insulting or demeaning a student or group of students causing substantial disruption in the orderly operation of the school.

Amends section 2801 subdivision 2 subparagraph (c) of the education law by stating that all school districts must create a code of conduct is amended to mandate that this code of conduct include provisions for the prohibition of harassment, intimidation and/or bullying and a provision stating that if any student or employee of the school district witnesses such harassment, intimidation and/or bullying that the incident be reported to an appropriate school official.

Education Law Section 2801 subdivision 2 subparagraph (d) is amended to allow disciplinary measures to be taken in instances involving harass- ment, intimidation and/or bullying.

Education Law Section 2801 subdivision 2 subparagraph (f) is amended to include a provision in codes of conduct to allow anonymous reporting and appropriate remedial actions for those who have falsely accused one of harassment, intimidation and/or bullying.

Education Law Section 2801 subdivision 2 subparagraph (f) (1) is amended to include a provision in codes of conduct to create procedures to investigate reports of harassment, intimidation, and/or bullying.

Justification

Safety in our schools is an important issue. The problem of school bullying has intensified. The U.S. Secret Service has concluded that not only do these "bullying" incidents have serious psychological consequences; they also often lead to school violence and in extreme cases, to school shootings. Over 30% of American school chil- dren in grades six through 10 have been bullied or have bullied others. Furthermore, 40% of individuals that were bullies as children grow into adults with three or more convictions. With the advancement of technolo- gy new avenues for bullying have challenged the traditional form of school bullying. Cyber-bullying differs from the more traditional forms of bullying in that it can Occur any time. Additionally, its messages and images can be anonymous, difficult to trace and viewed by a much wider and perhaps unintended audience. Recent cases of bullying on websites such as Myspace and YouTube have shown how cruel and harmful

cyberbullying can be. Several states have already enacted legislation which requires school districts to create and enforce a code of ethics that prohibits cyber-bullying not only on school grounds but through school electronic resources. This legislation is modeled after these statutes and is intended to assist school districts in dealing with this increasing problem.

Prior legislative history

None

Fiscal implications

None

Effective date

This act shall take effect on the sixtieth day after it shall become law.