S T A T E O F N E W Y O R K
________________________________________________________________________
2518
2013-2014 Regular Sessions
I N A S S E M B L Y
January 16, 2013
___________
Introduced by M. of A. CRESPO, RODRIGUEZ, CASTRO, GIBSON, DINOWITZ,
RIVERA, ARROYO, MOYA, ESPINAL, ORTIZ -- 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:
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, CYBERBULLYING, 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 amended by
chapter 102 of the laws of 2012, is amended and two new subdivisions 9
and 10 are added to read as follows:
7. "Harassment" and "bullying" shall mean the creation of a hostile
environment by conduct or by threats, intimidation or abuse, including
cyberbullying, CONDUCTED IN ANY MANNER INCLUDING, BUT NOT LIMITED TO,
ELECTRONIC COMMUNICATION, that (a) has or would have the effect of
unreasonably and substantially interfering with a student's educational
performance, opportunities or benefits, or mental, emotional or physical
well-being; or (b) reasonably causes or would reasonably be expected to
cause a student to fear for his or her physical safety; or (c) reason-
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.
LBD05278-01-3
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emotional harm to a student; or (d) occurs off school property and
creates or would foreseeably create a risk of substantial disruption
within the school environment, where it is foreseeable that the conduct,
threats, intimidation or abuse might reach school property. Acts of
harassment and bullying shall include, but not be limited to, those acts
based on a person's actual or perceived race, color, weight, national
origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender or sex. For the purposes of this definition the term
"threats, intimidation or abuse" shall include verbal and non-verbal
actions AND CYBERBULLYING.
9. "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.
10. "CYBERBULLYING" 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 amended by
chapter 102 of the laws of 2012, is amended to read as follows:
2. Guidelines to be used in school training programs to discourage the
development of harassment, bullying and discrimination, and to make
school employees aware of the effects of harassment, bullying, cyberbul-
lying and discrimination on students AND OTHER SCHOOL EMPLOYEES, and
that are designed:
a. to raise the awareness and sensitivity of school employees to
potential harassment, bullying and discrimination, and
b. to enable employees to prevent and respond to harassment, bullying
and discrimination; and
S 4. Subdivisions 3 and 4 of section 14 of the education law, as
amended by chapter 102 of the laws of 2012, are amended to read as
follows:
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 following a progressive model that
make appropriate use of intervention, discipline and education and
provide guidance related to the application of SUCH regulations, GUID-
ANCE OR MODEL POLICIES ON THE MANNER AND EXTENT TO WHICH BEHAVIOR THAT
OCCURS OFF SCHOOL PROPERTY MAY BE CONSIDERED IN FORMULATING AN APPROPRI-
ATE RESPONSE TO A VIOLATION OF SUCH REGULATIONS, GUIDANCE OR MODEL POLI-
CIES; and
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4. Provide guidance and educational materials to school districts
related to best practices in addressing cyberbullying AND HARASSMENT and
helping families and communities work cooperatively with schools in
addressing cyberbullying, whether on or off school property or at or
away from a school function.
S 5. Section 801-a of the education law, as amended by chapter 102 of
the laws of 2012, is amended to read as follows:
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, with an emphasis on discouraging acts of harassment, bully-
ing, CYBERBULLYING, discrimination, observance of laws and rules, cour-
tesy, dignity and other traits which will enhance the quality of their
experiences in, and contributions to, the community. Such component
shall include instruction of safe, responsible use of the internet and
electronic communications. The regents shall determine how to incorpo-
rate 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 harass-
ment, bullying, discrimination and civility in the relations of people
of different races, weights, national origins, ethnic groups, religions,
religious practices, mental or physical abilities, sexual orientations,
genders, and sexes.
S 6. The education law is amended by adding a new section 814-a to
read as follows:
S 814-A. COURSES OF STUDY IN CYBERBULLYING. 1. FOR THE PURPOSES OF
THIS SECTION:
A. "CYBERBULLYING" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDIVI-
SION TEN OF SECTION ELEVEN OF THIS CHAPTER.
B. "ELECTRONIC COMMUNICATION" SHALL HAVE THE SAME MEANING AS PROVIDED
IN SUBDIVISION NINE 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
CYBERBULLYING AND PROMOTE CIVILITY WHEN USING THE INTERNET AND CONVEYING
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 CYBERBULLYING, 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 CYBERBULLYING.
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S 7. This act shall take effect on the same date and in the same
manner as chapter 102 of the laws of 2012 takes effect; provided, howev-
er, 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.