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

2 Co-sponsors

• Ruth Hassell-Thompson
• John L. Sampson

BILL NUMBER:S2288 REVISED 1/25/13

Title of bill

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

Purpose

Prohibits harassment, intimidation or bullying in schools.

Summary of provisions

Section 1. The education law is amended by adding a new section 313-b to outline and define harassment prevention policies. Part 1. The commissioner of the education department shall promulgate rules and regulations that prohibit the harassment, intimidation or bullying of any student. It is the responsibility of each school district to make available copies of such policies to parents, guardians, students, volunteers and school employees.

Part 2. Defines "harassment, intimidation or bullying" as any intentional electronic, written, verbal or physical act with the intention to physically harm a student or damage a student's property, interfere with a student's education, disrupting the orderly operation of the school.

Part 3. The commissioner shall consult with parents, school personnel and other interested parties and provide to school districts a model harassment, intimidation or bullying prevention policy. The commissioner shall post the model policy, recommended training materials and instructional materials on the department's website.

Part 4. By August 1, 2014, the commissioner shall update the harassment, intimidation and bullying policy to include a section addressing acts of harassment that are conducted via electronic means. The policy shall include materials to educate parents and students about the severity of cyber-bullying. If a school district has internet use policies, the act of harassing, intimidating or bullying another student online shall be included as a prohibited act and be subject to disciplinary action.

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 children 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 technology 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 cyber-bullying 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.

Legislative history

S.5051 of 2012 Referred to Education

Fiscal implications

None

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the timely implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.