Relates to enacting Jacobe's Law

1. School administrators, as defined by subdivision six of section eleven hundred twenty-five of the education law, shall make a good faith effort to contact the parent or guardian of a student immediately following a report of bullying or Harassment or a reasonable cause to suspect an incident of bullying or Harassment of the student as defined in this article.

2. The school administrator shall contact the parent or guardian by telephone, electronic mail, regular mail or other means.

Justification

The education law is amended by adding a new section 15-a to read as follows: § 15-a. Reporting by school administrators.

1. School administrators, as defined by subdivision six of section eleven hundred twenty-five of the education law, shall make a good faith effort to contact the parent or guardian of a student immediately following a report of bullying or Harassment or a reasonable cause to suspect an incident of bullying or Harassment of the student as defined in this article.

2. The school administrator shall contact the parent or guardian by telephone, electronic mail, regular mail or other means.

Justification

In April 2015, 13-year-old Jacobe Taras tragically took his own life after having been subjected to bullying and harassing behavior. Sadly, this tragedy is not an isolated incident as bullying continues to negatively impact hundreds of thousands of students on a daily basis in schools across New York State and throughout our nation. As noted on the American Society for the Positive Care of Children's(SPCC) website, approximately 28 percent of students ages 12-18 reported being bullied at school during the school year, according to the Indicators of School Crime and Safety: 2013 report, by the Bureau of Justice Statistics and National Center for Education Statistics Institute of Education Sciences. The majority of bullying still takes place at school and 1-in-3 U.S. students say they have been bullied at school, according to the Department of Health and Human Services.

Furthermore, as indicated on the American SPCCC's website, it was reported in the CDC's Youth Risk Behavior Surveillance 2013 report, that, on average across 39 states surveyed, 7.2 percent of students admitted to not going to school due to personal safety concerns. Many dread the physical and verbal aggression of their peers and many more attend school in a chronic state of anxiety and depression. It was further reported on the American SPCC website that 70.6 percent of young people say they have seen bullying in their schools. In addition, according to findings from the United States Department of Justice, 160,000 kids per day do not attend school for fear of being bullied.

Bullying can result in reluctance to go to school, while truancy, headaches and stomach pains, reduced appetite, shame, anxiety, irritability, aggression and depression are also frequent effects, as stated on the American SPCC website.

Without question, there must be a continued, coordinated, holistic emphasis on preventing, identifying and stopping bullying behavior to prevent future tragedies. Comprehensive bullying prevention will better protect children and ensure every student can learn in an environment that is safe and secure from bullying and any form of harassing or threatening behavior.

While the "Dignity for All Students Act" was signed into law in 2010 to establish and streamline the protocol schools must follow when it comes to bullying and harassment, parental notification provisions must be strengthened.

"Jacobe's Law" would require schools to make a good faith effort to notify a parent or guardian of a child who reports to school officials that they fear they are a target of bullies or situations where school officials suspect bullying is taking place, and potentially avert future tragedies.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect immediately.