Bill Text: NY A02090 | 2015-2016 | General Assembly | Introduced
Bill Title: Prohibits bullying on school property; defines bullying; establishes punishment for people who are found guilty of bullying on school property; establishes the class B misdemeanor of aggravated harassment of teachers and school personnel.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-01-06 - referred to education [A02090 Detail]
Download: New_York-2015-A02090-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2090
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. McDONOUGH -- Multi-Sponsored by -- M. of A.
MONTESANO, TENNEY -- read once and referred to the Committee on Educa-
tion
AN ACT to amend the education law, in relation to prohibiting bullying
on school property; and to amend the penal law, in relation to estab-
lishing the crime of aggravated harassment of teachers and school
personnel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "schools as safe harbors act".
3 S 2. Legislative intent. In recent years, the state legislature has
4 taken several steps to ensure that school pupils, teachers and other
5 personnel are provided with a safe and secure learning environment on
6 all school property. Through the enactment of provisions requiring the
7 fingerprinting of a school district's prospective employees and the
8 enactment of the Safe Schools Against Violence in Education Act, the
9 legislature has ensured the increased safety of our schools. However,
10 to address concerns that harassment of pupils and school personnel
11 through acts of bullying can be both disruptive to the learning process
12 and harmful, mentally and/or physically, to intended victims, the legis-
13 lature finds that enactment of this legislation to prohibit bullying on
14 school property is necessary and appropriate to further ensure that New
15 York state's public schools be made as safe as possible.
16 S 3. Section 801-a of the education law, as amended by chapter 102 of
17 the laws of 2012, is amended to read as follows:
18 S 801-a. Instruction in civility, citizenship and character education.
19 The regents shall ensure that the course of instruction in grades
20 kindergarten through twelve includes a component on civility, citizen-
21 ship and character education. Such component shall instruct students on
22 the principles of honesty, tolerance, personal responsibility, respect
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03477-01-5
A. 2090 2
1 for others, with an emphasis on discouraging acts of harassment, ACTS OF
2 bullying, AS DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
3 THREE OF THIS CHAPTER, AGAINST FELLOW STUDENTS, discrimination, obser-
4 vance of laws and rules, courtesy, dignity and other traits which will
5 enhance the quality of their experiences in, and contributions to, the
6 community. Such component shall include instruction of safe, responsible
7 use of the internet and electronic communications. The regents shall
8 determine how to incorporate such component in existing curricula and
9 the commissioner shall promulgate any regulations needed to carry out
10 such determination of the regents. For the purposes of this section,
11 "tolerance," "respect for others" and "dignity" shall include awareness
12 and sensitivity to harassment, bullying, discrimination and civility in
13 the relations of people of different races, weights, national origins,
14 ethnic groups, religions, religious practices, mental or physical abili-
15 ties, sexual orientations, genders, and sexes.
16 S 4. Subdivision 2 of section 2801 of the education law is amended by
17 adding a new paragraph a-1 to read as follows:
18 A-1. PROVISIONS PROHIBITING BULLYING ON SCHOOL PROPERTY, INCLUDING A
19 SCHOOL FUNCTION, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE OF THIS
20 ARTICLE;
21 S 5. Subdivision 2 of section 2801 of the education law is amended by
22 adding a new paragraph f-1 to read as follows:
23 F-1. WHEN ANY SCHOOL EMPLOYEE HAVING REASONABLE CAUSE TO SUSPECT THAT
24 A STUDENT HAS COMMITTED AN ACT OF BULLYING, AS DEFINED IN SECTION TWEN-
25 TY-EIGHT HUNDRED THREE OF THIS ARTICLE, THE SCHOOL EMPLOYEE SHALL REPORT
26 SUCH INCIDENT TO THE PRINCIPAL, OR DESIGNEE THEREOF, WHO IN TURN SHALL
27 REPORT SUCH INCIDENT TO THE SUPERINTENDENT, UPON A DETERMINATION BY THE
28 PRINCIPAL, OR DESIGNEE THEREOF, THAT THERE IS A REASONABLE SUSPICION
29 THAT THE ACT OCCURRED. FAILURE OF AN EMPLOYEE TO MAKE A REPORT PURSUANT
30 TO THIS PARAGRAPH MAY NOT BE THE BASIS FOR ANY DISCIPLINARY ACTION OR
31 PROFESSIONAL MISCONDUCT CHARGE AGAINST THE EMPLOYEE;
32 S 6. The education law is amended by adding a new section 2803 to read
33 as follows:
34 S 2803. BULLYING PROHIBITED. 1. FOR PURPOSES OF THIS SECTION, THE
35 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
36 A. "PUBLIC SCHOOL" MEANS:
37 (I) A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, KINDERGARTEN OR PRE-KIN-
38 DERGARTEN PROGRAM, ADULT OR CONTINUING EDUCATION PROGRAM OR OTHER EDUCA-
39 TIONAL PROGRAM OPERATED BY A SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF
40 COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
41 SION BOARDS; AND
42 (II) A SCHOOL OR EDUCATIONAL PROGRAM THAT SERVES STUDENTS IN ANY OF
43 GRADES KINDERGARTEN THROUGH TWELVE AND IS OPERATED BY THE DEPARTMENT, OR
44 IS OPERATED OR SUPERVISED BY ANOTHER STATE AGENCY OR A POLITICAL SUBDI-
45 VISION AND IS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OF
46 THIS CHAPTER.
47 B. "PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM" MEANS AN APPROVED
48 PROVIDER OF SPECIAL EDUCATION PROGRAMS AND SERVICES UNDER SECTION
49 FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, AN APPROVED PRIVATE RESIDENTIAL
50 OR NON-RESIDENTIAL SCHOOL FOR THE PROVISION OF SPECIAL SERVICES OR
51 PROGRAMS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE
52 OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL SUBJECT TO THE PROVISIONS OF
53 ARTICLE EIGHTY-FIVE OF THIS CHAPTER OR ANY OTHER AGENCY OR ENTITY THAT
54 PROVIDES SPECIAL EDUCATION PROGRAMS OR SERVICES PURSUANT TO THE
55 PROVISIONS OF ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER.
A. 2090 3
1 C. "SCHOOL PROPERTY" MEANS IN OR WITHIN ANY BUILDING, STRUCTURE,
2 ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR LAND CONTAINED WITHIN
3 THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC SCHOOL OR A PUBLICLY FUNDED
4 SPECIAL EDUCATION PROGRAM; OR IN OR ON A SCHOOL BUS, AS DEFINED IN
5 SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW; AND A
6 "SCHOOL FUNCTION" MEANS A SCHOOL SPONSORED EXTRA-CURRICULAR EVENT OR
7 ACTIVITY.
8 D. "BULLYING" MEANS THREATENING, STALKING OR SEEKING TO COERCE OR
9 COMPEL A PERSON TO DO SOMETHING; ENGAGING IN VERBAL OR PHYSICAL CONDUCT
10 THAT THREATENS ANOTHER WITH HARM, INCLUDING INTIMIDATION THROUGH THE USE
11 OF EPITHETS OR SLURS INVOLVING RACE, ETHNICITY, NATIONAL ORIGIN, RELI-
12 GION, RELIGIOUS PRACTICES, GENDER, SEXUAL ORIENTATION, OR DISABILITY.
13 2. NO STUDENT SHALL BE SUBJECT TO BULLYING BY ANY STUDENT OF A PUBLIC
14 SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM.
15 3. A. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS
16 SECTION IN A PUBLIC SCHOOL OR ON SCHOOL PROPERTY SHALL BE SUBJECT TO
17 DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S CODE OF CONDUCT
18 ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE AND
19 THE DISCIPLINE PROCEDURES APPLICABLE TO STUDENTS OR EMPLOYEES OF THE
20 PUBLIC SCHOOL. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF
21 THIS SECTION IN A PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM SHALL BE
22 SUBJECT TO DISCIPLINE UNDER THE POLICIES AND PROCEDURES OF SUCH PROGRAM
23 GOVERNING STUDENT CONDUCT OR EMPLOYEE DISCIPLINE.
24 B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE A PRIVATE
25 CAUSE OF ACTION.
26 4. NOTHING IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO
27 PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
28 THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO PRECLUDE OR LIMIT,
29 ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
30 ORDINANCE, LAW, RULE OR REGULATION.
31 5. A PLAIN-LANGUAGE, AGE-APPROPRIATE DESCRIPTION OF THE POLICIES
32 OUTLINED IN SUBDIVISION TWO OF THIS SECTION SHALL BE DISTRIBUTED TO
33 EMPLOYEES, STUDENTS AND PARENTS OF EACH PUBLIC SCHOOL OR PUBLICLY-FUNDED
34 SPECIAL EDUCATION PROGRAM ON AT LEAST AN ANNUAL BASIS. IN THE CASE OF
35 PUBLIC SCHOOLS, SUCH REQUIREMENT SHALL BE MET BY INCLUDING SUCH
36 DESCRIPTION IN THE SUMMARY OF THE CODE OF CONDUCT PROVIDED TO EACH
37 STUDENT AND MAILED TO PARENTS PURSUANT TO SUBDIVISION FOUR OF SECTION
38 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
39 6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT
40 OF COMPETENT JURISDICTION DECLARES ANY PHRASE, CLAUSE, SENTENCE OR
41 PROVISION OF THIS ARTICLE TO BE INVALID, OR ITS APPLICABILITY TO ANY
42 GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE, IS DECLARED INVALID, THE
43 REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLICABILITY SHALL NOT BE
44 AFFECTED.
45 S 7. Section 3028-c of the education law, as added by chapter 181 of
46 the laws of 2000, is amended to read as follows:
47 S 3028-c. Protection of school employees who report acts of BULLYING
48 OR violence and weapons possession. Any school employee having reason-
49 able cause to suspect that a person has committed an act of BULLYING AS
50 SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAP-
51 TER OR violence while in or on school property, or having reasonable
52 cause to suspect that a person has committed an act of BULLYING AS SUCH
53 TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR
54 violence upon a student, school employee or volunteer either upon school
55 grounds or elsewhere, or having reasonable cause to suspect that a
56 person has brought a gun, knife, bomb or other instrument capable of or
A. 2090 4
1 that appears capable of causing death or physical injury upon school
2 grounds who in good faith reports such information to school officials,
3 to the commissioner, or to law enforcement authorities, shall have immu-
4 nity from any civil liability that may arise from the making of such
5 report, and no school district or school district employee shall take,
6 request or cause a retaliatory action against any such employee who
7 makes such report.
8 S 8. The penal law is amended by adding a new section 240.33 to read
9 as follows:
10 S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
11 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL
12 PERSONNEL WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE
13 OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
14 OTHER STAFF MEMBER OF A PUBLIC OR PRIVATE ELEMENTARY, INTERMEDIATE,
15 JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR
16 HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER, ADMIN-
17 ISTRATOR OR OTHER STAFF MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON
18 SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
19 EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
20 EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
21 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL IS A CLASS B
22 MISDEMEANOR.
23 S 9. This act shall take effect on the first of September next
24 succeeding the date upon which it shall have become a law.
