Requires courses of study to discourage cyber bullying for pupils in grades five through nine

Summary of provisions

Section 1: Amends the Legislative Intent section of the Dignity for All Students Act that is contained in Education Law section 10 to include cyber bullying.

Section 2: Amends the definition of the term "harassment" contained in Education Law section 11(7)to include cyber bullying and verbal threats, intimidation, or abuse if such acts were conducted via an electronic communication. In addition, to provide clarity to the Dignity for All Students Act and the course of study section of this bill contained in section 6, the terms "electronic communication" and "cyber bullying" are defined.

Section 3: Amends Education Law section 13(2) to expand the provisions of this section of law that relate to establishing policies and guide- lines with respect to fostering a school environment that is free from discrimination or harassment to include ensuring that school employees are made aware of the adverse effects of cyber bullying on students and other school employees.

Section 4: Amends Education Law section 14 to authorized the Commission- er of Education, in implementing the Dignity For All Students Act, to not only promulgate rules and regulations to implement this act, but also to issue guidance documents or model policies. Further, that such guidance documents or model policies may provide guidance about cyber bullying that occurs off of school property. This provision is needed because with cyber bullying, it is difficult to determine when or if a cyber bullying activity occurred on school property or not.

Section 5: Amends Education Law section 801-a that relates to mandated classes that must already be provided to instruct civility, citizenship and character education to also include a component on the safe, respon- sible use of the internet and electronic communications. This an optional provision that school districts may provide if they deem it prudent to do so. Section 6: Adds a new Education Law section 815 to mandate that every school district must provide to students in grades five through nine instruction designed to curtail or eliminate cyber

bullying. Further, that the school district may incorporate such materi- al and instruction on cyber bullying into other mandated classes that such district already conducts related to civility and respecting other students.

Justification

Day after day, we learn of tragic cases of youth hurting themselves or others as a consequence of cyber bullying. Statistics show that cyber bullying has victimized 33 percent of youth around the United States. It is crucial to develop a strategy that will deter the emotional distress and other psychological problems that are associated with the victimiza- tion of cyber bullying.

While a number of other legislative initiatives seek to enhance the criminal implications of such acts, this bill seeks to spread awareness throughout school districts, education potential victims, and prevent them from making drastic decisions. The implementation of these courses into our school districts should serve as a preventative measure by better preparing our youth in understanding, addressing, and overcoming cyber bullying.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

July 1, 2012.