Directs the commissioner of education to promulgate rules and regulations that prohibit harassment, intimidation and bullying of students

BILL NUMBER:S5051

Title of bill

An act to amend the education law, in relation to harassment prevention policies

Purpose

This legislation will direct the commissioner of education to promulgate rules and regulations that prohibit harassment, intimidation and bullying of students.

Summary of provisions

Section One - amends the education law by adding a new section 313-b to define "Harassment, intimidation or bullying," as any intentional electronic, written, verbal or physical act, including but not limited to one shown to be motivated by any characteristic in section 240.25, 240.26, 240.30, or 240.31 of the penal law, or other distinguishing characteristics, when the intentional electronic, written, verbal or physical act: physically harms a student, has the effect of substantially interfering with a student's education, is so severe, persistent or pervasive that it creates an intimidating education environment or has the effect of substantially disrupting the orderly operation of the school.

Section One - also amends the education law to define "electronic" or "electronic means" as any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic or other similar means. This include, but is not limited to information by wire, radio, optical cable, electromagnetic, electronic mail, internet-based communication, pager service, cell phones and electronic messaging.

Section One - amends the education law by stating the commissioner shall promulgate rules and regulation that prohibit the harassment, intimidation or bullying of any student. It shall be the responsibility of each school district to make available copies of such policies to parents, guardians, students, volunteers and school employees.

Section One - adds the commissioner, by August 1, 2012 shall update the harassment, intimidation and bullying policy to include intimidation or bullying acts via electronic means. The schools shall also provide parents information on responsible and safe internet use as well as what options are available to a student that is being bullied via electronic means.

Section Two - states this law shall take effect on the one hundred twentieth day after it shall have become law.

Justification

Bullying is not a new form of harassment in schools. Over 30 percent of American school children in grades through six through 10 have been bullied or have bullied others. However, new electronic methods have had devastating effects on students, their families and most importantly their ability to receive an education.

With the current technology available students are bullied relentlessly, even in the safety of their own homes. This legislation gives

educational institutions the ability to update their policies and provide students, parents and teachers with the information and tools they need to address all forms of bullying appropriately.

Legislative history

New Bill

Fiscal implications

None

Effective date

120th day after it shall become law.