Bill Text: NY A06250 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the education law, in relation to requiring provisions in schools that prohibit harassment, intimidation or bullying whether by electronic communication or a written, verbal, physical or sexual act

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-12-14 - enacting clause stricken [A06250 Detail]

Download: New_York-2009-A06250-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6250
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 26, 2009
                                      ___________
       Introduced by M. of A. WEISENBERG, MOLINARO -- read once and referred to
         the Committee on Education
       AN  ACT  to amend the education law, in relation to requiring provisions
         in schools that prohibit harassment, intimidation or bullying  whether
         by  electronic  communication or a written, verbal, physical or sexual
         act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 2 of the education law is amended by adding a new
    2  subdivision 20 to read as follows:
    3    20. "HARASSMENT, INTIMIDATION, OR BULLYING" MEANS AN ELECTRONIC COMMU-
    4  NICATION, OR A WRITTEN, VERBAL, PHYSICAL, OR SEXUAL ACT THAT IS  REASON-
    5  ABLY PERCEIVED TO HAVE THE EFFECT OF:
    6    A. HARMING A STUDENT PHYSICALLY OR EMOTIONALLY OR DAMAGING A STUDENT'S
    7  PROPERTY,  OR PLACING A STUDENT IN A REASONABLE FEAR OF PERSONAL HARM OR
    8  PROPERTY DAMAGE; OR
    9    B. INSULTING OR DEMEANING A  STUDENT  OR  GROUP  OF  STUDENTS  CAUSING
   10  SUBSTANTIAL DISRUPTION IN, OR SUBSTANTIAL INTERFERENCE WITH, THE ORDERLY
   11  OPERATION OF THE SCHOOL.
   12    S 2. Paragraphs d and f of subdivision 2 of section 2801 of the educa-
   13  tion  law,  as added by chapter 181 of the laws of 2000, are amended and
   14  three new paragraphs, c-1, c-2 and f-1 are added to read as follows:
   15    C-1. PROVISIONS PROHIBITING:
   16    (I) HARASSMENT, INTIMIDATION, OR BULLYING; OR
   17    (II) REPRISAL, RETALIATION, OR FALSE  ACCUSATIONS  AGAINST  A  VICTIM,
   18  WITNESS,  OR  ONE  WITH RELIABLE INFORMATION ABOUT AN ACT OF HARASSMENT,
   19  INTIMIDATION OR BULLYING;
   20    C-2. PROVISIONS STATING THAT A SCHOOL EMPLOYEE, STUDENT  OR  VOLUNTEER
   21  WHO  WITNESSES,  OR  HAS  RELIABLE  INFORMATION  THAT A STUDENT HAS BEEN
   22  SUBJECT TO HARASSMENT, INTIMIDATION, OR BULLYING SHALL REPORT THE  INCI-
   23  DENT TO THE APPROPRIATE SCHOOL OFFICIAL;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07129-01-9
       A. 6250                             2
    1    d.  disciplinary  measures  to  be  taken  in  incidents involving the
    2  possession or use of illegal substances or weapons, the use of  physical
    3  force,  vandalism,  violation  of  another  student's  civil  rights and
    4  threats of violence, INCLUDING HARASSMENT, INTIMIDATION OR BULLYING;
    5    f.  procedures by which violations are reported, INCLUDING A PROVISION
    6  FOR ANONYMOUSLY REPORTING, determined, discipline measures  imposed  and
    7  discipline  measures  carried out, CONSEQUENCES AND APPROPRIATE REMEDIAL
    8  ACTION FOR PERSONS FOUND TO HAVE FALSELY ACCUSED ANOTHER;
    9    F-1.  PROCEDURES  FOR  PROMPT  INVESTIGATION  OF  REPORTS  OF  SERIOUS
   10  VIOLATIONS AND COMPLAINTS;
   11    S  3.  This  act  shall take effect on the sixtieth day after it shall
   12  have become a law.