Relates to preventing and reporting acts of harassment at schools

Title of bill

An act to amend the education law, in relation to preventing and reporting acts of harassment at schools

Purpose

To adopt policies combating school harassment and ensure incidents of harassment are reported.

Summary of provisions

Section 1 amends subdivision 1 of section 13 of the education law by adding four new paragraphs m, n, o and p providing (1) penalties or disciplinary measures shall be taken for individuals found to have violated the anti-harassment policies and guidelines created pursuant to this section; (2) harassment is a basis for granting a student a "safety transfer" to another school; (3) harassment is a basis for disciplining any student; and (4) each school is required to post copies of the school district's anti-harassment policies and guidelines in prominent places within each school and made available in the ten most common languages spoken in the school district and in any other language spoken by more than ten percent of the parents or guardians of children attending any individual school.

Section 2 amends the opening paragraph of subdivision 2 of section 13 of the education law, as amended by chapter 102 of the laws of 2012, by adding three new subdivisions 6, 7 and 8 providing policies and guidelines shall be designed to discourage the development of harassment by raising the awareness and sensitivity of pupils regarding potential harassment and fostering empathy among students. The principal of each school shall be responsible for disseminating the anti-harassment policies and guidelines, including providing training to staff. The policies and guidelines shall be included in the school district's code of conduct.

Section 3 amends section 15 of the education law, as amended by chapter 102 of the laws of 2012, providing the principal of each school shall be the enforcement officer responsible for ensuring the enforcement of the anti-harassment policies and guidelines. The superintendent shall be the person to whom reports are made when such report concerns the principal. The commissioner shall create procedures under which incidents of harassment on school premises or at school functions are tracked. By July 30 of each year, the Department of Education shall publish a statistical summary of all incidents of harassment that occurred on school premises or at a school function during the preceding school year. It shall also include on each school's annual report card summary information about incidents of harassment at the school, including the number of safety transfers.

Section 4 provides this act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act shall be made and completed on or before such effective date.

Existing law

This is a new law.

Justification

Harassment, bullying and discrimination at schools are major problems that require proactive approaches. This includes creating and enforcing policies and guidelines, allowing victimized students to transfer to other schools and reporting to the public such incidents at schools. This legislation is modeled after the New York City law.

Legislative history

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

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