Prohibits bullying on school property and at school functions and enacts the "Law to Encourage the Acceptance of All Differences (LEAD)"

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 "Law to Encourage the Acceptance of All Differences" (LEAD).

Section 3: Amends section 801-a of the Education Law, as amended by Chapter 482 of the Laws of 2010 effective July 1, 2012, to include addressing methods to discourage acts of bullying as a component of the required instruction in civility, citizenship, and character education. Further defines the use of the words tolerance, respect for others and dignity.

Section 4: Amends section 2801 (2) (d) of the Education Law to add bullying 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 add a new paragraph f-1 to establish procedures in a district's code of conduct which require school employees to report incidents of bullying. Further provides that any employee who reasonably and in good faith reports an act of bullying shall have immunity from civil liability which might otherwise result by reason of such actions.

Section 6: Amends section 11 of the Education Law, as added by Chapter 482 of the Laws of 2010, to define "school property" and "school function" to have the same meaning as set forth in section 2801.

Provides further definitions necessary for the implementation of LEAD, including the "creation of a hostile environment" and "bullying."

Section 7: Amends section 12 of the Education Law, as added by Chapter 482 of the Laws of 2010, to prohibit bullying and discrimination. This section further provides that a student or school employee found to have bullied a student in a public school or on school property

shall be subject to disciplinary action in accordance with the district's code of conduct and applicable discipline procedures.

Section 8: Amends sections 13, 14, 15 and 16 of the Education Law, as added by Chapter 482 of the Laws of 2010. Section 13 is amended to require school districts to create policies and guidelines to encourage awareness of and to prohibit acts of bullying. Section 14 is amended to require the Commissioner of Education to prescribe regulations which require training in the identification and mitigation of bullying as a component of obtaining a teaching certificate or license valid for service as a classroom teacher, school administrator or supervisor, or superintendent of schools. Section 15 is amended to make existing reporting requirements applicable to bullying. Section 16 is amended to protect school employees who, in good faith, report acts of bullying from civil liability and retaliatory action by the school district.

Section 9 Sets forth the effective date.

Justification

In recent years, the New York State Legislature has enacted legislation to increase the safety of students while in school or at school functions. In particular, schools must annually print and distribute codes of conduct which enumerate specifically prohibited behaviors and the consequences for such actions. Additionally, in 2010 legislation was enacted to prohibit harassment and discrimination based on certain enumerated characteristics. However, because bullying continues to plague our students, both in school and through the use of technology, it is vital that the legislature enact measures that protect all students, regardless of the motivation for the acts. Therefore, the Law to Encourage the Acceptance of All Differences (LEAD) is aimed at protecting all of our students from acts of bullying.

Highlighted by the tragic suicides of young teenagers in New York and beyond, bullying is no longer something to be dismissed as mere childhood 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."

Most importantly, because it is the objective to protect all students from acts of bullying, LEAD defines bullying in a broad manner, and focuses on the effect of the action rather than the types of or motive behind the actions. This definition of bullying ensures that

all students are protected from egregious acts of bullying, regardless of the motivation. It is true that many recent acts of bullying highlighted in the news have been the result of bullying based on a student's perceived sexual orientation. While it is important that we as a community work to prevent these heinous acts, it is equally important that we do not limit the scope of students protected by anti-bullying legislation. Parents, teachers, and most importantly students, will confess that they are bullied for reasons as seemingly benign as their hairstyle, favorite color, complexion or manner of dress. Unfortunately, bullying is not a new phenomenon, nor will it soon disappear. From generation to generation, the reasons for bullying continue to evolve. Therefore, this legislation aims to protect all students from bullying, regardless of the motivation. Finally, by requiring that existing instruction in civility, citizenship and character education include a component which addresses methods of discouraging bullying, LEAD encourages all student to be true leaders in their school community.

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-bullying, 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 employees, this legislation identifies and prohibits bullying, both conventional and cyber-bullying. Cyber-bullying, defined as bullying through the use of technology or electronic means, can occur beyond the traditional notion of school property. However, regardless of where the acts of cyber-bullying occur the pervasive and immediate nature of modern technology almost certainly assures that acts of cyber-bullying have an impact on the daily lives of our students. Therefore, it is imperative that any legislation aimed at protecting students from bullying includes a prohibition of acts of cyberbullying when such acts create a hostile environment for the student at school or materially and substantially disrupt the educational process or the orderly operation of a school.

Additionally, LEAD enhances the school training requirements established by Chapter 482 of the Laws of 2010, by empowering the Commissioner of Education to prescribe regulations requiring training in the identification and mitigation of bullying as a component of obtaining a teaching certificate or license valid for service as a classroom teacher, school administrator or supervisor, or superintendent of schools.

Legislative history

2009-2010: S.1253C - Referred to Education; Reported to Codes 2007-2008: S.3124 - Referred to Education 2005-2006: S.5703 - Referred to Education 2003-2004: S.4023A - Passed Senate 2002: S.7690 - Passed Senate

Fiscal implications

None.

Effective date

This act shall effect on the same date and in the same manner as Chapter 482 of the Laws of 2010, July 1, 2012.