NY State Senate Bill 2011-S6884

Senate Bill S6884

2011-2012 Legislative Session

Requires courses of study to discourage cyber bullying for pupils in grades five through nine

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2012	referred to education

2011-S6884 (ACTIVE) - Details

See Assembly Version of this Bill:: A9790
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§10, 11, 13, 14 & 801-a, add §815, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A2518
2015-2016: A6707
2017-2018: A6062
2019-2020: A6278

2011-S6884 (ACTIVE) - Summary

Requires courses of study to discourage cyber bullying for pupils in grades five through nine; includes cyber bullying in the provisions of the dignity for all students act.

2011-S6884 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6884

TITLE OF BILL:
An act to amend the education law, in relation to including cyber bully-
ing in the provisions of the dignity for all students act and courses of
study in cyber bullying for pupils in grades five through nine

PURPOSE:
This bill mandates a course of study in cyber bullying be provided from
grades five through nine in order to curtail or eliminate cyber bullying
and to promote civility during the usage of the Internet. This bill will
provide awareness, skills, information and support in the aid in elimi-
nation of cyber bullying.

SUMMARY OF PROVISIONS:
Section 1: Amends the Legislative Intent section of the Dignity for All
Students Act that is contained in Education Law section 10 to include
cyber bullying.

Section 2: Amends the definition of the term "harassment" contained in
Education Law section 11(7)to include cyber bullying and verbal threats,
intimidation, or abuse if such acts were conducted via an electronic
communication. In addition, to provide clarity to the Dignity for All
Students Act and the course of study section of this bill contained in
section 6, the terms "electronic communication" and "cyber bullying" are
defined.

Section 3: Amends Education Law section 13(2) to expand the provisions
of this section of law that relate to establishing policies and guide-
lines with respect to fostering a school environment that is free from
discrimination or harassment to include ensuring that school employees
are made aware of the adverse effects of cyber bullying on students and
other school employees.

Section 4: Amends Education Law section 14 to authorized the Commission-
er of Education, in implementing the Dignity For All Students Act, to
not only promulgate rules and regulations to implement this act, but
also to issue guidance documents or model policies. Further, that such
guidance documents or model policies may provide guidance about cyber
bullying that occurs off of school property. This provision is needed
because with cyber bullying, it is difficult to determine when or if a
cyber bullying activity occurred on school property or not.

Section 5: Amends Education Law section 801-a that relates to mandated
classes that must already be provided to instruct civility, citizenship
and character education to also include a component on the safe, respon-
sible use of the internet and electronic communications. This an
optional provision that school districts may provide if they deem it
prudent to do so.  Section 6: Adds a new Education Law section 815 to
mandate that every school district must provide to students in grades
five through nine instruction designed to curtail or eliminate cyber

bullying. Further, that the school district may incorporate such materi-
al and instruction on cyber bullying into other mandated classes that
such district already conducts related to civility and respecting other
students.

JUSTIFICATION:
Day after day, we learn of tragic cases of youth hurting themselves or
others as a consequence of cyber bullying.  Statistics show that cyber
bullying has victimized 33 percent of youth around the United States. It
is crucial to develop a strategy that will deter the emotional distress
and other psychological problems that are associated with the victimiza-
tion of cyber bullying.

While a number of other legislative initiatives seek to enhance the
criminal implications of such acts, this bill seeks to spread awareness
throughout school districts, education potential victims, and prevent
them from making drastic decisions. The implementation of these courses
into our school districts should serve as a preventative measure by
better preparing our youth in understanding, addressing, and overcoming
cyber bullying.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
July 1, 2012.

2011-S6884 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6884

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to including cyber bully-
  ing in the provisions of the dignity for all students act and  courses
  of study in cyber bullying 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:

  Section 1. Section 10 of the education law, as added by chapter 482 of
the laws of 2010, is amended to read as follows:
  S 10. Legislative intent. The legislature finds that students' ability
to learn and to meet high academic standards, and a school's ability  to
educate  its students, are compromised by incidents of discrimination or
harassment including bullying, CYBER BULLYING, taunting or intimidation.
It is hereby declared to be the  policy  of  the  state  to  afford  all
students  in  public  schools  an environment free of discrimination and
harassment. The purpose of this article is to foster civility in  public
schools and to prevent and prohibit conduct which is inconsistent with a
school's educational mission.
  S  2.  Subdivision  7  of section 11 of the education law, as added by
chapter 482 of the laws of 2010, is amended and two new  subdivisions  8
and 9 are added to read as follows:
  7.  "Harassment"  shall  mean the creation of a hostile environment by
conduct, CYBER BULLYING, or by verbal threats,  intimidation  or  abuse,
CONDUCTED IN ANY MANNER INCLUDING, BUT NOT LIMITED TO, ELECTRONIC COMMU-
NICATION, that has or would have the effect of unreasonably and substan-
tially  interfering  with  a student's educational performance, opportu-
nities or benefits, or mental,  emotional  or  physical  well-being;  or
conduct,   CYBER   BULLYING,  verbal  threats,  intimidation  or  abuse,
CONDUCTED IN ANY MANNER INCLUDING, BUT NOT LIMITED TO, ELECTRONIC COMMU-
NICATION, that reasonably causes or  would  reasonably  be  expected  to
cause  a  student  to fear for his or her physical safety; such conduct,
CYBER BULLYING, verbal threats, intimidation or abuse  includes  but  is
not  limited to conduct, CYBER BULLYING, verbal threats, intimidation or
abuse based on a person's  actual  or  perceived  race,  color,  weight,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14876-03-2

S. 6884                             2

national origin, ethnic group, religion, religious practice, disability,
sexual orientation, gender or sex.
  8.  "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER  OF SIGNS,
SIGNALS, WRITINGS, IMAGES, SOUNDS, DATA OR INTELLIGENCE  OF  ANY  NATURE
TRANSMITTED,  IN  WHOLE  OR  IN PART, BY A WIRE, RADIO, ELECTROMAGNETIC,
PHOTO-ELECTRONIC  OR  PHOTO-OPTIONAL  SYSTEM.  ELECTRONIC  COMMUNICATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE TRANSFER OF SUCH COMMUNICATION
THROUGH THE INTERNET.
  9.  "CYBER BULLYING" SHALL MEAN TO INTENTIONALLY ENGAGE IN A COURSE OF
CONDUCT USING ELECTRONIC COMMUNICATION DIRECTED AT A CHILD UNDER THE AGE
OF EIGHTEEN YEARS, WHEN THE ACTOR KNOWS OR REASONABLY SHOULD  KNOW  THAT
SUCH CONDUCT:
  A.  HARASSES,  THREATENS,  INTIMIDATES,  ABUSES  OR  CREATES A HOSTILE
SOCIAL OR PHYSICAL ENVIRONMENT FOR SUCH CHILD;
  B. INSTILLS A REASONABLE FEAR OF MATERIAL HARM TO THE PHYSICAL, MENTAL
OR EMOTIONAL HEALTH, WELL-BEING, SAFETY OR PROPERTY OF SUCH CHILD;
  C. CAUSES MATERIAL HARM TO THE PHYSICAL, MENTAL OR  EMOTIONAL  HEALTH,
WELL-BEING, SAFETY OR PROPERTY OF SUCH CHILD;
  D.  CAUSES  PUBLIC  EMBARRASSMENT,  SHAME,  SOCIAL  OSTRACISM OR UNDUE
ATTENTION TO SUCH CHILD; OR
  E. INCLUDES THE IMPERSONATION OF ANOTHER PERSON BY ELECTRONIC COMMUNI-
CATION TO CAUSE OR WITH INTENT TO CAUSE HARM AS SPECIFIED  IN  PARAGRAPH
A, B, C OR D OF THIS SUBDIVISION.
  S  3.  Subdivision  2  of section 13 of the education law, as added by
chapter 482 of the laws of 2010, is amended to read as follows:
  2. Guidelines to be used in school training programs to discourage the
development of discrimination or harassment, AND TO MAKE SCHOOL  EMPLOY-
EES  AWARE  OF  THE  ADVERSE EFFECTS OF CYBER BULLYING AND HARASSMENT ON
STUDENTS AND OTHER SCHOOL EMPLOYEES, and that are designed:
  a. to raise the awareness  and  sensitivity  of  school  employees  to
potential discrimination or harassment, and
  b.  to  enable  employees  to prevent and respond to discrimination or
harassment; and
  S 4. Subdivisions 2 and 3 of section 14 of the education law, as added
by chapter 482 of the laws of 2010, are amended and a new subdivision  4
is added to read as follows:
  2.  Provide grants, from funds appropriated for such purpose, to local
school districts to assist them in implementing the guidelines set forth
in this section; [and]
  3. Promulgate regulations, GUIDANCE OR MODEL POLICIES to assist school
districts in implementing this article including, but  not  limited  to,
[regulations  to  assist] ASSISTING school districts in developing meas-
ured, balanced, and age-appropriate  responses  to  violations  of  this
policy, with remedies and procedures focusing on intervention and educa-
tion[.],  AND  PROVIDE GUIDANCE RELATED TO THE APPLICATION OF SUCH REGU-
LATIONS, GUIDANCE OR MODEL POLICIES ON THE MANNER AND  EXTENT  TO  WHICH
BEHAVIOR  THAT OCCURS OFF SCHOOL PROPERTY MAY BE CONSIDERED IN FORMULAT-
ING AN APPROPRIATE RESPONSE TO A VIOLATION OF SUCH REGULATIONS, GUIDANCE
OR MODEL POLICIES; AND
  4. PROVIDE GUIDANCE AND  EDUCATIONAL  MATERIALS  TO  SCHOOL  DISTRICTS
RELATED  TO  BEST PRACTICES IN ADDRESSING CYBER BULLYING AND HARASSMENT,
AND HELPING FAMILIES TO WORK COOPERATIVELY WITH  SCHOOLS  IN  ADDRESSING
SUCH ISSUES, WHETHER CONDUCTED ON OR OFF SCHOOL PROPERTY.
  S  5. Section 801-a of the education law, as amended by chapter 482 of
the laws of 2010, is amended to read as follows:

S. 6884                             3

  S 801-a. Instruction in civility, citizenship and character education.
The regents shall ensure  that  the  course  of  instruction  in  grades
kindergarten  through  twelve includes a component on civility, citizen-
ship and character education. Such component shall instruct students  on
the  principles  of honesty, tolerance, personal responsibility, respect
for others, DISCOURAGING ACTS OF HARASSMENT AND CYBER  BULLYING,  obser-
vance  of  laws and rules, courtesy, dignity and other traits which will
enhance the quality of their experiences in, and contributions  to,  the
community.  SUCH  COMPONENT MAY INCLUDE INSTRUCTION ON SAFE, RESPONSIBLE
USE OF THE INTERNET AND ELECTRONIC  COMMUNICATIONS.  The  regents  shall
determine  how  to  incorporate such component in existing curricula and
the commissioner shall promulgate any regulations needed  to  carry  out
such  determination  of  the  regents. For the purposes of this section,
"tolerance," "respect for others" and "dignity" shall include  awareness
and  sensitivity  to  discrimination  or  harassment and civility in the
relations of people  of  different  races,  weights,  national  origins,
ethnic groups, religions, religious practices, mental or physical abili-
ties, sexual orientations, genders, and sexes.
  S  6. The education law is amended by adding a new section 815 to read
as follows:
  S 815. COURSES OF STUDY IN CYBER BULLYING. 1.   FOR  THE  PURPOSES  OF
THIS SECTION:
  A.  "CYBER BULLYING" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDI-
VISION NINE OF SECTION ELEVEN OF THIS CHAPTER.
  B. "ELECTRONIC COMMUNICATION" SHALL HAVE THE SAME MEANING AS  PROVIDED
IN SUBDIVISION EIGHT OF SECTION ELEVEN OF THIS CHAPTER.
  2.    EVERY  SCHOOL  DISTRICT IN THE STATE SHALL PROVIDE, TO PUPILS IN
GRADES FIVE THROUGH NINE, INSTRUCTION DESIGNED TO CURTAIL  OR  ELIMINATE
CYBER  BULLYING AND PROMOTE CIVILITY WHEN USING THE INTERNET AND CONVEY-
ING AN ELECTRONIC COMMUNICATION. SUCH CURRICULA SHALL INSTRUCT  STUDENTS
ON  THE  PRINCIPLES  OF  TOLERANCE, PERSONAL RESPONSIBILITY, RESPECT FOR
OTHERS, OBSERVANCE OF LAWS AND RULES, COURTESY  AND  OTHER  TRAITS  THAT
SHOULD BE OBSERVED DURING USE OF THE INTERNET OR WHEN CONVEYING AN ELEC-
TRONIC COMMUNICATION.
  3.  A SCHOOL DISTRICT MAY, INSTEAD OF ESTABLISHING A SEPARATE CLASS OR
DESIGNATED PERIOD OF TIME DEVOTED TO A COURSE ON CYBER  BULLYING,  INTE-
GRATE  SUCH  COURSE  OF  STUDY OR INSTRUCTION INTO OTHER RELATED CLASSES
THAT PROVIDE INSTRUCTION IN SUBJECTS RELATED  TO  CIVILITY,  CITIZENSHIP
AND  CHARACTER EDUCATION PURSUANT TO SECTION EIGHT HUNDRED ONE-A OF THIS
ARTICLE, OR HEALTH EDUCATION PURSUANT TO SECTION EIGHT HUNDRED  FOUR  OF
THIS  ARTICLE,  OR ANY OTHER COURSE OF INSTRUCTION DEEMED APPROPRIATE BY
THE SCHOOL DISTRICT.
  4. THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE TO AID  IN  THE
DEVELOPMENT  OF  CURRICULA  FOR SUCH COURSES OF STUDY WHICH SHALL BE AGE
APPROPRIATE AND DEVELOPED ACCORDING TO THE NEEDS AND ABILITIES OF PUPILS
AT SUCCESSIVE GRADE LEVELS IN ORDER TO PROVIDE AWARENESS, SKILLS, INFOR-
MATION AND SUPPORT TO AID IN THE ELIMINATION OF CYBER BULLYING.
  S 7. This act shall take effect on the  same  date  and  in  the  same
manner  as  chapter  482  of the laws of 2010, as amended, takes effect;
provided, however, that effective immediately, the addition,  amendment,
and/or repeal of any rule or regulation necessary for the implementation
of  the  provisions  of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.

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