Prohibits bullying on school property and enacts the anti-bullying act

Summary of provisions

Section 1: Provides that it is the Legislature's intent to continue to ensure that school pupils, teachers and other personnel are provided with a safe and secure learning environment. In addition, it states that the Legislature finds that prohibiting bullying on school property is an appropriate means to enhance the safety of public schools in New York State.

Section 2: States that the act shall be known as the "Anti-Bullying Act".

Section 3: Amends section 801-a of the Education Law to include address- ing methods to discourage acts of bullying as a component of the required instruction in civility, citizenship, and character education.

Section 4: Amends section 2801 (2)(d) of the Education Law to add bully- ing to the list of incidents for which disciplinary measures must be taken pursuant to the district's code of conduct.

Section 5: Amends section 2801(2) of the Education Law to have proce- dures in a district's code of conduct which require school employees to report incidents of bullying. Provides immunity from civil liability when an employee in good faith reports an act of bullying.

Section 6: Amends the Education Law to create a new section 2803, which defines bullying and provides that a student or school employee found to have bullied a student in a public school or on school property is subject to disciplinary action in accordance with the district's code of conduct. Clarifies that the language does not create a private cause of action.

Section 7: Amends Section 3028-c of the Education law to protect school employees who in good faith report acts of bullying on school property from civil liability and retaliatory action by the school district.

Section 8: Amends the Penal Law by adding a new section 240.33 to create the crime of Aggravated Harassment of Teachers and School Personnel, making it a Class B Misdemeanor.

Section 9 sets forth the effective date.

Existing law

No provisions in present law specifically address bullying on school property.

Justification

In recent years, the New York State Legislature has enacted legislation to increase the safety of students while in school or at school func- tions. In particular, schools must annually print and distribute codes of conduct which enumerate specifically prohibited behaviors and the consequences for such actions.

Highlighted by the tragic suicides of young teenagers in New York and beyond, bullying is no longer something to be dismissed as mere child- hood antics. Unrelenting and egregious acts of bullying occur every day. Unfortunately, "bullying" is still ignored in certain schools and in some cases actually tolerated. Bullying, however, can be more than temporarily distracting to a student, it can be terrifying and emotionally damaging. It is not uncommon for youngsters who have been the victims of constant bullying to experience academic failure and serious social problems. Noted psychologist and researcher Dan Olweus pinpoints the destructive role of bullying in our schools, "Bullying poisons the educational environment and affects the learning of every child."

In today's age of advanced technology, twenty-four hour connectivity and social networking, students who are subjected to acts of bullying have no reprieve. Taunts and acts of bullying that begin in school follow students home every day, and have lasting impacts on the child. In fact, the United States Department of Justice reports that cyber-bully- ing, bullying through the means of any electronic device, is at an all time high. Forty-three percent of teenagers reporting being victims of cyber-bullying.

Therefore, to further ensure the safety of students and school employ- ees, this legislation requires that the code of conduct in every school specifically identify and prohibit bullying, both conventional and cyber-bullying. The bill also requires that existing instruction in civility, citizenship and character education include a component which addresses methods of discouraging bullying and further mandates the reporting of bullying to school officials.

Moreover, the legislation creates the crime of aggravated harassment of teachers and school personnel.

Legislative history

2007-2008: S.3124 - Referred to Education 2005-2006: S5703 - Referred to Education 2003-2004: S.4023-A -Passed Senate 2002- S.7690 - Passed Senate.

Fiscal implications

None.

Effective date

September 1 next succeeding the date on which it becomes law.