Requires provisions in schools that prohibit harassment, intimidation or bullying whether by electronic communication or a written, verbal, physical or sexual act.
STATE OF NEW YORK
________________________________________________________________________
6250
2009-2010 Regular Sessions
IN ASSEMBLY
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 § 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 § 3. This act shall take effect on the sixtieth day after it shall
12 have become a law.
