What's happening
This bill strengthens public schools' responsibilities to prevent, report, and investigate student harassment, bullying, and discrimination.
Why it matters
Expands and clarifies public schools’ legal duty. The bill makes it an explicit responsibility for public schools to actively foster a learning environment free from discrimination, harassment, bullying, taunting, or intimidation, rather than simply prohibiting such conduct. This could increase accountability and expectations for proactive school action.
Strengthens and standardizes reporting and response. Requires the state education commissioner to set clear processes for how employees, parents, or students can report suspected harassment or discrimination, and mandates immediate investigation and appropriate response by school officials. This may reduce underreporting and ensure incidents are addressed consistently.
Broader protections and clearer definitions. The bill updates the definitions of “harassment” and “bullying” to explicitly include electronic, written, and verbal communication, as well as physical conduct and cyberbullying, both on and off school property. This reflects the realities of modern student interactions and expands the scope of what schools must address.
Legal protections for reporters. Maintains and reinforces immunity from civil liability for anyone (acting reasonably and in good faith) who reports, participates in, or assists with harassment or bullying investigations. This is intended to encourage reporting and protect whistleblowers from retaliation.
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Who cares
Public school officials
The bill would require immediate investigation of reported discrimination or harassment and appropriate responses under rules issued by the education commissioner.
Students, parents and school employees
The bill would require a process for reporting suspected discrimination or harassment to school officials and make reports available from schools upon request.
State education commissioner
The bill would require reporting regulations and guidelines for school responses, which could include counseling, discipline, suspension, expulsion or referrals to law enforcement.
Students facing bullying or harassment
The bill would revise the definition to specify intentional creation of a hostile environment through electronic, written or verbal communication, physical conduct, intimidation or abuse.
Headline styles
Strengthen Student Anti-Bullying Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6119
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to harassment of students
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the education law, as added by chapter 482 of the laws of 2010, is amended to read as follows:
§ 10. Legislative intent. The legislature finds that students' ability to learn and to meet high academic standards, and a school's ability to educate its students, are compromised by incidents of discrimination or harassment including bullying, taunting or intimidation. It is hereby declared to be the policy of the state to afford all students in public schools an environment free of discrimination and harassment. The purpose of this article is to foster civility in public schools and to prevent and prohibit conduct which is inconsistent with a school's educational mission. Public schools shall have the responsibility to foster a learning environment free from incidents of discrimination or harassment including bullying, taunting or intimidation as defined in this article.
§ 2. Section 16 of the education law, as amended by chapter 102 of the laws of 2012, is amended to read as follows:
§ 16. [Protection of people who report] Reporting harassment, bullying or discrimination. a. The commissioner shall promulgate rules and regulations providing for a process by which any employee, parent, or student, having reasonable cause to suspect an incident of discrimination or harassment as defined in this article, can report such incidents to appropriate school officials, and also provide guidelines for actions which shall be taken by school officials pursuant to such reports. Such actions may include recommended counseling, school discipline, suspension or expulsion or reports to law enforcement. Such report shall be investigated immediately, and it shall be the responsi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11901-01-9
S. 6119 2
bility of any school official to report and investigate such incidents and respond appropriately according to such rules and regulations. Such reports shall be made available by the school upon request.
b. Any person having reasonable cause to suspect that a student has been subjected to harassment, bullying or discrimination, by an employee or student, on school grounds or at a school function, who, acting reasonably and in good faith, reports such information to school officials, to the commissioner or to law enforcement authorities, acts in compliance with paragraph e or i of subdivision one of section thirteen of this article, or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this article, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings, and no school district or employee shall take, request or cause a retaliatory action against any such person who, acting reasonably and in good faith, either makes such a report or initiates, testifies, participates or assists in such formal or informal proceedings.
§ 3. Subdivision 7 of section 11 of the education law, as amended by chapter 102 of the laws of 2012, is amended to read as follows:
7. "Harassment" and "bullying" shall mean the intentional creation of a hostile environment by [conduct or by threats] means of electronic, written, verbal communication or physical conduct, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or (b) electronic, written, verbal communication or physical conduct, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the [conduct, threats,] electronic, written, verbal communication or physical conduct or intimidation or abuse might reach school property. Acts of harassment and bullying shall include, but not be limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. [For the purposes of this definition the term "threats, intimidation or abuse" shall include verbal and non-verbal actions.]
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to harassment of students
Purpose
To direct the commissioner of education to establish a process for the reporting and resolution of incidents of discrimination and harassment of students to appropriate school officials.
Summary of provisions
Section 1: Amends section 16 of the education law, as added by chapter 482 of the laws of 2010, to require that the commissioner of education (1) promulgate rules and regulation's providing for a process by which any employee, parent or student can report incidents of discrimination or harassment to appropriate school officials, and
(2) provide guidelines for actions to be taken by school officials pursuant to such reports. Such reports shall be made available to the public upon request and are to be investigated immediately.
Section 2: Amends section 10 of the education law, as added by chapter 482 of the laws of 2010, by stating that public schools are responsible for fostering a learning environment free from discrimination and harassment, including bullying, taunting, and intimidation.
Section 3: Amends subdivision 7 of section 11 of the education law, as added by chapter 482 of the laws of 2010, expanding the definition of "harassment" to include the intentional creation of a hostile environ- ment by means of electronic, written, or verbal communication or phys- ical conduct.
Justification
This legislation will ensure that school-age children are provided a learning environment free of harassment, discrimination, intimidation, and bullying by directing the commissioner of education to create rules and regulations that provide a process for both reporting and corrective action of such incidents. Further, this bill places the burden of providing an environment free from bullying, taunting, and discrimi- nation on the public schools, which are in the best position to prevent such negative behavior.
Additionally, this legislation expands the meaning of "harassment" to include not only verbal threats, but also electronic, written, or verbal communication or physical conduct. Such an expansion of the definition of harassment is vital in light of the current technology available to students. This will allow educational institutions, students, parents, and teachers to appropriately address all forms of bullying.
Legislative history
2011-2012: S.5916 - Died in Committee
Fiscal implications
Unknown.
Effective date
Immediately and the same date and in the same manner as chapter 102 of the laws of 2012 takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.