Bill Text: NY A05437 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the commissioner of education to promulgate rules and regulations that prohibit harassment, intimidation and bullying of students; makes school districts responsible for making copies of such policies available to parents, guardians, students, volunteers and school employees.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05437 Detail]
Download: New_York-2019-A05437-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5437 2019-2020 Regular Sessions IN ASSEMBLY February 12, 2019 ___________ Introduced by M. of A. TITUS, PEOPLES-STOKES, CAHILL, M. G. MILLER -- Multi-Sponsored by -- M. of A. COLTON, GALEF, GOTTFRIED, L. ROSENTHAL -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to harassment prevention policies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 313-b 2 to read as follows: 3 § 313-b. Harassment prevention policies. 1. The commissioner shall 4 promulgate rules and regulations that prohibit the harassment, intim- 5 idation or bullying of any student. It shall be the responsibility of 6 each school district to make available copies of such policies to 7 parents, guardians, students, volunteers and school employees. 8 2. As used in this section: 9 (a) "Harassment, intimidation or bullying" shall mean any intentional 10 electronic, written, verbal or physical act, including but not limited 11 to one shown to be motivated by any characteristic in section 240.25, 12 240.26, 240.30 or 240.31 of the penal law, or other distinguishing char- 13 acteristics, when the intentional electronic, written, verbal or phys- 14 ical act: 15 (1) physically harms a student or damages the student's property; or 16 (2) has the effect of substantially interfering with a student's 17 education; or 18 (3) is so severe, persistent or pervasive that it creates an intim- 19 idating educational environment; or 20 (4) has the effect of substantially disrupting the orderly operation 21 of the school. 22 (b) "Electronic" or "electronic means" shall mean any communication 23 where there is the transmission of information by wire, radio, optical 24 cable, electromagnetic or other similar means. Such terms shall include, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05871-01-9A. 5437 2 1 but not be limited to, communication via electronic mail, internet-based 2 communications, pager service, cell phones and electronic messaging. 3 3. The commissioner, in promulgating such rules and regulations, shall 4 consult with parents, school personnel and other interested parties. The 5 commissioner shall provide to school districts a model harassment, 6 intimidation and bullying prevention policy as well as training materi- 7 als for use in implementing such policy. The commissioner shall post the 8 model policy, recommended training materials and instructional materials 9 on the department's website. 10 4. The commissioner, by August first, two thousand twenty, shall 11 update the harassment, intimidation and bullying policy to include a 12 section addressing acts of harassment, intimidation or bullying that are 13 conducted via electronic means. The policy shall include a requirement 14 that materials meant to educate parents and students about the serious- 15 ness of cyberbullying be disseminated to parents or made available on a 16 school district's website. The material shall include information on 17 responsible and safe internet use as well as what options are available 18 if a student is being bullied via electronic means including, but not 19 limited to, reporting threats to local police and when to involve school 20 officials, the internet service provider or phone service provider. If a 21 school district has internet use policies, the act of harassing, intim- 22 idating or bullying another student via online means shall be included 23 as a prohibited act and be subject to disciplinary action. 24 § 2. This act shall take effect on the one hundred twentieth day after 25 it shall have become a law. Effective immediately, the addition, amend- 26 ment and/or repeal of any rule or regulation necessary for the implemen- 27 tation of this act on its effective date are authorized to be made and 28 completed on or before such effective date.