Bill Text: NY A06604 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires provisions in schools that prohibit harassment, intimidation or bullying whether by electronic communication or a written, verbal, physical or sexual act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-23 - referred to education [A06604 Detail]

Download: New_York-2011-A06604-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6604
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 23, 2011
                                      ___________
       Introduced by M. of A. MOLINARO -- read once and referred to the Commit-
         tee 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.  THE  TERM  "HARASSMENT,
    4  INTIMIDATION, OR BULLYING" MEANS AN ELECTRONIC COMMUNICATION, OR A WRIT-
    5  TEN,  VERBAL,  PHYSICAL,  OR  SEXUAL ACT THAT IS REASONABLY PERCEIVED TO
    6  HAVE THE EFFECT OF:
    7    A. HARMING A STUDENT PHYSICALLY OR EMOTIONALLY OR DAMAGING A STUDENT'S
    8  PROPERTY, OR PLACING A STUDENT IN A REASONABLE FEAR OF PERSONAL HARM  OR
    9  PROPERTY DAMAGE; OR
   10    B.  INSULTING  OR  DEMEANING  A  STUDENT  OR GROUP OF STUDENTS CAUSING
   11  SUBSTANTIAL DISRUPTION IN, OR SUBSTANTIAL INTERFERENCE WITH, THE ORDERLY
   12  OPERATION OF THE SCHOOL.
   13    S 2. Paragraphs d and f of subdivision 2 of section 2801 of the educa-
   14  tion law, as added by chapter 181 of the laws of 2000, are  amended  and
   15  three new paragraphs, c-1, c-2 and f-1 are added to read as follows:
   16    C-1. PROVISIONS PROHIBITING:
   17    (I) HARASSMENT, INTIMIDATION, OR BULLYING; OR
   18    (II)  REPRISAL,  RETALIATION,  OR  FALSE ACCUSATIONS AGAINST A VICTIM,
   19  WITNESS, OR ONE WITH RELIABLE INFORMATION ABOUT AN  ACT  OF  HARASSMENT,
   20  INTIMIDATION OR BULLYING;
   21    C-2.  PROVISIONS  STATING THAT A SCHOOL EMPLOYEE, STUDENT OR VOLUNTEER
   22  WHO WITNESSES, OR HAS RELIABLE  INFORMATION  THAT  A  STUDENT  HAS  BEEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08281-01-1
       A. 6604                             2
    1  SUBJECT  TO HARASSMENT, INTIMIDATION, OR BULLYING SHALL REPORT THE INCI-
    2  DENT TO THE APPROPRIATE SCHOOL OFFICIAL;
    3    d.  disciplinary  measures  to  be  taken  in  incidents involving the
    4  possession or use of illegal substances or weapons, the use of  physical
    5  force,  vandalism,  violation  of  another  student's  civil  rights and
    6  threats of violence, INCLUDING HARASSMENT, INTIMIDATION OR BULLYING;
    7    f. procedures by which violations are reported, INCLUDING A  PROVISION
    8  FOR  ANONYMOUSLY  REPORTING, determined, discipline measures imposed and
    9  discipline measures carried out, CONSEQUENCES AND  APPROPRIATE  REMEDIAL
   10  ACTION FOR PERSONS FOUND TO HAVE FALSELY ACCUSED ANOTHER;
   11    F-1.  PROCEDURES  FOR  PROMPT  INVESTIGATION  OF  REPORTS  OF  SERIOUS
   12  VIOLATIONS AND COMPLAINTS;
   13    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   14  have become a law.