BILL NUMBER: S760

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting "Jacobe's
law"

 
PURPOSE:

To ensure a "reasonable and good faith effort" is made by school admin-
istrators to notify parents or guardians when there is a verified inci-
dent of harassment, bullying or discrimination in school.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill cites the act as Jacobe's Law.

Section 2 of the bill amends Education Law to require a school employee
to investigate and verify that a reported incident of harassment, bully-
ing or discrimination has occurred. Upon a verified incident of harass-
              

ment, bullying or discrimination, a licensed or certified school counse-
lor, social worker or psychologist must discuss with each student
involved in the incident whether they have any health, safety or privacy
concerns. Any discussions must be documented. If a student does not
express a health, safety or privacy concern, then the school employee
must make a reasonable and good faith effort to contact a student's
parent or person in parental relation by telephone, mail, email or other
means to discuss the incident and ways to effectively address the situ-
ation. If a student does express a health, safety or privacy concern,
then school counselor, social worker or psychologist shall determine,
using their professional judgment, if contacting a student's parent or
person in parental relation would be in the best interest of the
student.

Section 3 of the bill amends the immunity provisions provided by article
2 of Education Law.

Section 4 of the bill provides the effective date.

 
JUSTIFICATION:

In April 2015, 13-year-old Jacobe Tares tragically took his own life
after having been subjected to bullying and harassing behavior.  Sadly,
this tragedy is not an isolated incident as bullying continues to nega-
tively impact hundreds of thousands of students on a daily basis in
schools across New York State and throughout our nation.

As noted on the American Society for the Positive Care of Children's
(SPCC) website, approximately 28 percent of students ages 12-18 reported
being bullied at school during the school year, according to the Indica-
tors of School Crime and Safety: 2013 report, by the Bureau of Justice
Statistics and National Center for Education Statistics Institute of
Education Sciences. The majority of bullying still takes place at school
and 1-in-3 U.S. students say they have been bullied at school, according
to the Department of Health and Human Services.  Furthermore, as indi-
cated On the American SPCC's website, it was reported in the CDC's Youth
Risk Behavior Surveillance 2013 report, that, on average across 39
states surveyed, 7.2 percent of students admitted to not going to school
due to personal safety concerns. Many dread the physical and verbal
aggression of their peers and many more attend school in a chronic state
of, anxiety and depression. It was further reported on the American SPCC
website that 70.6 percent of young people say they have seen bullying in
their schools. In addition, according to findings from the United States
Department of Justice, 160,000 kids per day do not attend school for
fear of being bullied.

Bullying can result in reluctance to go to school, while truancy, head-
aches and stomach pains, reduced appetite, shame, anxiety, irritability,
aggression and depression are also frequent effects, as stated on the
American SPCC website. Without question, there must be a continued,
coordinated, holistic emphasis on preventing, identifying and stopping
bullying behavior to prevent future tragedies. Comprehensive bullying
prevention will better protect children and ensure every student can
learn in an environment that is safe and secure from bullying and any
form of harassing or threatening behavior.

While the "Dignity for All Students Act" was signed into law in 2010 to
establish and streamline the protocol schools must follow when it comes
to bullying and harassment, parental notification provisions must be
strengthened. "Jacobe's Law" would require schools to make a reasonable
and good faith effort to notify a parent or guardian of a child who
reports to school officials that they fear they are a target of bullies
or situations where school officials suspect bullying is taking place,
and potentially avert future tragedies.

 
LEGISLATIVE HISTORY:

06/19/17 S.1355B PASSED SENATE
06/19/17 S.1355B DELIVERED TO ASSEMBLY
06/19/17 S.1355B REFERRED TO EDUCATION
01/03/18 S.1355B DIED IN ASSEMBLY
01/03/18 S.1355B RETURNED TO SENATE
01/03/18 S.1355B REFERRED TO EDUCATION
02/28/18 S.1355B COMMITTEE DISCHARGED AND COMMITTED TO RULES
02/28/18 S.1355B ORDERED TO THIRD READING CAL. 534
02/28/18 S.1355B PASSED SENATE
02/28/18 S.1355B DELIVERED TO ASSEMBLY
06/15/18 S.9074 REFERRED TO RULES
06/15/18 S.9074 AMEND AND RECOMMIT TO RULES
06/15/18 S.9074 PRINT NUMBER 9074A
06/19/18 S.9074A ORDERED TO THIRD READING CAL.1993
06/19/18 S.9074A PASSED SENATE
06/19/18 S.9074A DELIVERED TO ASSEMBLY 06/19/18 S.9074A referred to
codes

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.