Bill Text: NY A02231 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts Jacobe's Law requiring school administrators to contact the parents or guardians of students when bullying or harassment has occurred.

Spectrum: Strong Partisan Bill (Republican 23-2)

Status: (Introduced) 2024-01-03 - referred to education [A02231 Detail]

Download: New_York-2023-A02231-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2231

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced by M. of A. WALSH, J. M. GIGLIO, PALMESANO, McDONOUGH, BRABE-
          NEC,  REILLY,  MIKULIN, WOERNER, MANKTELOW, DeSTEFANO, GOODELL, SMITH,
          MILLER, DURSO, GALLAHAN, SIMPSON -- Multi-Sponsored by  --  M.  of  A.
          BYRNES,  HAWLEY,  MORINELLO,  TAGUE  --  read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in  relation  to  enacting  "Jacobe's
          law"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as "Jacobe's law".
     2    § 2. The education law is amended by adding a new section 15-a to read
     3  as follows:
     4    § 15-a. Reporting by school employees. 1. School employees, as defined
     5  in subdivision four of this section, shall investigate  and  verify,  in
     6  accordance with the provisions of this article, that a reported incident
     7  of harassment, bullying or discrimination has occurred.
     8    2. Upon a verified incident of harassment, bullying or discrimination,
     9  a  licensed  or certified school counselor, school social worker, school
    10  psychologist, school  nurse,  principal  or  assistant  principal  shall
    11  discuss with each student involved in the incident whether he or she has
    12  any health, safety or privacy concerns with the school employee making a
    13  reasonable  and  good  faith effort to contact their parent or person in
    14  parental relation. Any discussions shall be  immediately  documented  by
    15  such school counselor, school social worker, school psychologist, school
    16  nurse, principal or assistant principal.
    17    3.  If a student does not express a health, safety or privacy concern,
    18  the school employee shall make a reasonable and  good  faith  effort  to
    19  contact  the  parent  or  person  in  parental  relation of the students
    20  involved in the incident by telephone, email, mail  or  other  means  to
    21  discuss the incident and ways to effectively address the situation. If a
    22  student  does  express  a health, safety or privacy concern, such school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00332-01-3
        A. 2231                             2

     1  counselor, school social  worker,  school  psychologist,  school  nurse,
     2  principal  or  assistant  principal shall determine, using their profes-
     3  sional judgement, if contacting a student's parent or person in parental
     4  relation would be in the best interest of the student.
     5    4. As used in this section "school employee" shall mean the principal,
     6  superintendent  or  the  principal's or superintendent's designee who is
     7  charged with receiving reports of  harassment,  bullying  and  discrimi-
     8  nation  in  accordance  with  paragraph  a of subdivision one of section
     9  thirteen of this article.
    10    § 3. Section 16 of the education law, as amended by chapter 102 of the
    11  laws of 2012, is amended to read as follows:
    12    § 16. Protection of people who report harassment, bullying or discrim-
    13  ination. Any person having reasonable cause to suspect  that  a  student
    14  has  been  subjected  to  harassment,  bullying or discrimination, by an
    15  employee or student, on school grounds or at  a  school  function,  who,
    16  acting  reasonably and in good faith, reports such information to school
    17  officials, to the commissioner or to law enforcement  authorities,  acts
    18  in  compliance with paragraph e or i of subdivision one of section thir-
    19  teen of this article or with  section  fifteen-a  of  this  article,  or
    20  otherwise initiates, testifies, participates or assists in any formal or
    21  informal  proceedings  under  this article, shall have immunity from any
    22  civil liability that may arise from the making of such  report  or  from
    23  initiating,  testifying,  participating  or  assisting in such formal or
    24  informal proceedings, and no school district  or  employee  shall  take,
    25  request  or  cause  a  retaliatory  action  against any such person who,
    26  acting reasonably and in good faith,  either  makes  such  a  report  or
    27  initiates, testifies, participates or assists in such formal or informal
    28  proceedings.
    29    § 4. This act shall take effect immediately.