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.
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
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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
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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.