Bill Text: NY A06278 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires courses of study to discourage cyberbullying for pupils in grades five through nine; includes cyberbullying in the provisions of the dignity for all students act.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A06278 Detail]

Download: New_York-2019-A06278-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6278
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
          DINOWITZ, ORTIZ, RIVERA, RODRIGUEZ -- read once and  referred  to  the
          Committee on Education
        AN  ACT to amend the education law, in relation to including cyberbully-
          ing in the provisions of the dignity for all students act and  courses
          of study in cyberbullying for pupils in grades five through nine
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 10 of the education law, as added by chapter 482 of
     2  the laws of 2010, is amended to read as follows:
     3    § 10. Legislative intent. The legislature finds that students' ability
     4  to learn and to meet high academic standards, and a school's ability  to
     5  educate  its students, are compromised by incidents of discrimination or
     6  harassment including bullying, cyberbullying, taunting or  intimidation.
     7  It  is  hereby  declared  to  be  the  policy of the state to afford all
     8  students in public schools an environment  free  of  discrimination  and
     9  harassment.  The purpose of this article is to foster civility in public
    10  schools and to prevent and prohibit conduct which is inconsistent with a
    11  school's educational mission.
    12    § 2. Subdivision 7 of section 11 of the education law, as  amended  by
    13  chapter  102  of the laws of 2012, is amended and two new subdivisions 9
    14  and 10 are added to read as follows:
    15    7. "Harassment" and "bullying" shall mean the creation  of  a  hostile
    16  environment  by  conduct or by threats, intimidation or abuse, including
    17  cyberbullying, conducted in any manner including, but  not  limited  to,
    18  electronic  communication,  that  (a)  has  or  would have the effect of
    19  unreasonably and substantially interfering with a student's  educational
    20  performance, opportunities or benefits, or mental, emotional or physical
    21  well-being;  or (b) reasonably causes or would reasonably be expected to
    22  cause a student to fear for his or her physical safety; or  (c)  reason-
    23  ably  causes or would reasonably be expected to cause physical injury or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10196-01-9

        A. 6278                             2
     1  emotional harm to a student; or  (d)  occurs  off  school  property  and
     2  creates  or  would  foreseeably  create a risk of substantial disruption
     3  within the school environment, where it is foreseeable that the conduct,
     4  threats,  intimidation  or  abuse  might  reach school property. Acts of
     5  harassment and bullying shall include, but not be limited to, those acts
     6  based on a person's actual or perceived race,  color,  weight,  national
     7  origin,  ethnic  group, religion, religious practice, disability, sexual
     8  orientation, gender or sex. For the purposes of this definition the term
     9  "threats, intimidation or abuse" shall  include  verbal  and  non-verbal
    10  actions and cyberbullying.
    11    9.  "Electronic  communication"  shall  mean  any  transfer  of signs,
    12  signals, writings, images, sounds, data or intelligence  of  any  nature
    13  transmitted,  in  whole  or  in part, by a wire, radio, electromagnetic,
    14  photo-electronic  or  photo-optional  system.  Electronic  communication
    15  shall include, but not be limited to, the transfer of such communication
    16  through the internet.
    17    10.  "Cyberbullying" shall mean to intentionally engage in a course of
    18  conduct using electronic communication directed at a child under the age
    19  of eighteen years, when the actor knows or reasonably should  know  that
    20  such conduct:
    21    a.  harasses,  threatens,  intimidates,  abuses  or  creates a hostile
    22  social or physical environment for such child;
    23    b. instills a reasonable fear of material harm to the physical, mental
    24  or emotional health, well-being, safety or property of such child;
    25    c. causes material harm to the physical, mental or  emotional  health,
    26  well-being, safety or property of such child;
    27    d.  causes  public  embarrassment,  shame,  social  ostracism or undue
    28  attention to such child; or
    29    e. includes the impersonation of another person by electronic communi-
    30  cation to cause or with intent to cause harm as specified  in  paragraph
    31  a, b, c or d of this subdivision.
    32    §  3.  Subdivision 2 of section 13 of the education law, as amended by
    33  chapter 102 of the laws of 2012, is amended to read as follows:
    34    2. Guidelines to be used in school training programs to discourage the
    35  development of harassment, bullying  and  discrimination,  and  to  make
    36  school employees aware of the effects of harassment, bullying, cyberbul-
    37  lying  and  discrimination  on  students and other school employees, and
    38  that are designed:
    39    a. to raise the awareness  and  sensitivity  of  school  employees  to
    40  potential harassment, bullying and discrimination, and
    41    b.  to enable employees to prevent and respond to harassment, bullying
    42  and discrimination; and
    43    § 4. Subdivisions 3 and 4 of section 14 of the education law, subdivi-
    44  sion 3 as amended and subdivision 4 as added by chapter 102 of the  laws
    45  of 2012, are amended to read as follows:
    46    3. Promulgate regulations, guidance or model policies to assist school
    47  districts  in  implementing  this article including, but not limited to,
    48  [regulations to assist] assisting school districts in  developing  meas-
    49  ured,  balanced,  and  age-appropriate  responses  to violations of this
    50  policy, with remedies and procedures following a progressive model  that
    51  make  appropriate  use  of  intervention,  discipline  and education and
    52  provide guidance related to the application of such  regulations,  guid-
    53  ance  or  model policies on the manner and extent to which behavior that
    54  occurs off school property may be considered in formulating an appropri-
    55  ate response to a violation of such regulations, guidance or model poli-
    56  cies; and

        A. 6278                             3
     1    4. Provide guidance and  educational  materials  to  school  districts
     2  related to best practices in addressing cyberbullying and harassment and
     3  helping  families  and  communities  work  cooperatively with schools in
     4  addressing cyberbullying, whether on or off school  property  or  at  or
     5  away from a school function.
     6    §  5. Section 801-a of the education law, as amended by chapter 102 of
     7  the laws of 2012, is amended to read as follows:
     8    § 801-a. Instruction in civility, citizenship and character education.
     9  The regents shall ensure  that  the  course  of  instruction  in  grades
    10  kindergarten  through  twelve includes a component on civility, citizen-
    11  ship and character education. Such component shall instruct students  on
    12  the  principles  of honesty, tolerance, personal responsibility, respect
    13  for others, with an emphasis on discouraging acts of harassment,  bully-
    14  ing,  cyberbullying, discrimination, observance of laws and rules, cour-
    15  tesy, dignity and other traits which will enhance the quality  of  their
    16  experiences  in,  and  contributions  to,  the community. Such component
    17  shall include instruction of safe, responsible use of the  internet  and
    18  electronic  communications.  The regents shall determine how to incorpo-
    19  rate such component in existing curricula  and  the  commissioner  shall
    20  promulgate any regulations needed to carry out such determination of the
    21  regents.  For  the  purposes  of this section, "tolerance," "respect for
    22  others" and "dignity" shall include awareness and sensitivity to harass-
    23  ment, bullying, discrimination and civility in the relations  of  people
    24  of different races, weights, national origins, ethnic groups, religions,
    25  religious  practices, mental or physical abilities, sexual orientations,
    26  genders, and sexes.
    27    § 6. The education law is amended by adding a  new  section  814-a  to
    28  read as follows:
    29    §  814-a.  Courses  of study in cyberbullying.  1. For the purposes of
    30  this section:
    31    a. "Cyberbullying" shall have the same meaning as provided in subdivi-
    32  sion ten of section eleven of this chapter.
    33    b. "Electronic communication" shall have the same meaning as  provided
    34  in subdivision nine of section eleven of this chapter.
    35    2.    Every  school  district in the state shall provide, to pupils in
    36  grades five through nine, instruction designed to curtail  or  eliminate
    37  cyberbullying and promote civility when using the internet and conveying
    38  an  electronic  communication. Such curricula shall instruct students on
    39  the  principles  of  tolerance,  personal  responsibility,  respect  for
    40  others,  observance  of  laws  and rules, courtesy and other traits that
    41  should be observed during use of the internet or when conveying an elec-
    42  tronic communication.
    43    3. A school district may, instead of establishing a separate class  or
    44  designated  period  of  time devoted to a course on cyberbullying, inte-
    45  grate such course of study or instruction  into  other  related  classes
    46  that  provide  instruction  in subjects related to civility, citizenship
    47  and character education pursuant to section eight hundred one-a of  this
    48  article,  or  health education pursuant to section eight hundred four of
    49  this article, or any other course of instruction deemed  appropriate  by
    50  the school district.
    51    4.  The  commissioner shall provide technical assistance to aid in the
    52  development of curricula for such courses of study which  shall  be  age
    53  appropriate and developed according to the needs and abilities of pupils
    54  at successive grade levels in order to provide awareness, skills, infor-
    55  mation and support to aid in the elimination of cyberbullying.
    56    § 7. This act shall take effect immediately.
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