S. 2705--A 2
3. IN A NATIONAL SURVEY CONDUCTED BY THE JASON FOUNDATION, A TEACHER
WAS IDENTIFIED AS THE NUMBER ONE PERSON TO WHOM A STUDENT WOULD TURN TO
HELP A FRIEND WHO MIGHT BE SUICIDAL. IT IS IMPERATIVE THAT WHEN A YOUNG
PERSON COMES TO A TEACHER FOR HELP, SUCH TEACHER HAS THE KNOWLEDGE,
TOOLS, AND RESOURCES TO RESPOND CORRECTLY.
4. IN THE YEAR TWO THOUSAND EIGHTEEN, THE FEDERAL CENTERS FOR DISEASE
CONTROL AND PREVENTION FOUND IN ITS YOUTH RISK BEHAVIOR SURVEY THAT
LESBIAN, GAY, AND BISEXUAL YOUTH ARE ALMOST FOUR TIMES MORE LIKELY TO
SERIOUSLY CONSIDER ATTEMPTING SUICIDE, HAVE MADE A SUICIDE PLAN, OR HAVE
ATTEMPTED SUICIDE, THAN THEIR HETEROSEXUAL PEERS.
5. THERE ARE NATIONAL HOTLINES AVAILABLE TO HELP ADULTS AND YOUTH,
INCLUDING LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING
(LGBTQ) YOUTH, WHO ARE EXPERIENCING SUICIDAL IDEATION OR WHO ARE WORRIED
ABOUT A FAMILY MEMBER OR PEER WHO MAY BE AT RISK, INCLUDING THE NATIONAL
SUICIDE PREVENTION LIFELINE, THE CRISIS TEXT LINE, THE TREVOR PROJECT
LIFELINE, AND TREVORCHAT.
6. ACCORDING TO THE FAMILY ACCEPTANCE PROJECT, RESEARCH HAS FOUND
THAT, FOR AN LGBTQ YOUTH, HAVING AT LEAST ONE SUPPORTIVE ADULT CAN
REDUCE THE YOUTH'S RISK OF SUICIDE.
7. NEW YORK STATE SCHOOLS FACE THE SERIOUS ISSUES OF STUDENTS AT HIGH
RISK OF SUICIDE AND DEATH BY SUICIDE IN THE SCHOOL COMMUNITIES. SCHOOL
PERSONNEL MUST BE SUPPORTED BY CLEAR POLICIES AND PROCEDURES, WHICH
SERVE AS AN EASILY-ACCESSIBLE ROADMAP, ELIMINATE CONFUSION OVER EDUCATOR
ROLES AND THE REFERRAL PROCESS, AND EQUIP EDUCATORS WITH THE TOOLS TO
RESPOND SAFELY WHEN A SUICIDE DOES OCCUR IN THE SCHOOL COMMUNITY.
§ 21. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CRISIS SITUATION" MEANS A
SITUATION WHERE A TEACHER OR OTHER LOCAL EDUCATIONAL AGENCY EMPLOYEE
BELIEVES A STUDENT OR OTHER INDIVIDUAL IS IN IMMINENT DANGER OF A
SUICIDE ATTEMPT.
2. "LGBTQ" MEANS INDIVIDUALS WHO IDENTIFY, WITH REGARDS TO GENDER, AS
BEING LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING.
3. "LOCAL EDUCATIONAL AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES, SCHOOL, OR THE EDUCATION DEPARTMENT.
4. "SUICIDE INTERVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE IN
RESPONSE TO SUICIDAL BEHAVIOR BY A STUDENT, INCLUDING, BUT NOT LIMITED
TO:
A. STUDENT SUPERVISION;
B. NOTIFICATION OF PARENTS OR GUARDIANS;
C. CRISIS SITUATION RESPONSE PROTOCOLS;
D. WHEN AND HOW TO REQUEST AN IMMEDIATE MENTAL HEALTH ASSESSMENT OR
EMERGENCY SERVICES; AND
E. SCHOOL RE-ENTRY PROCEDURES FOLLOWING A STUDENT MENTAL HEALTH
CRISIS.
5. "SUICIDE POSTVENTION" MEANS PLANNED SUPPORT AND INTERVENTIONS
SCHOOLS CAN IMPLEMENT AFTER A SUICIDE ATTEMPT OR SUICIDE DEATH OF A
MEMBER OF THE SCHOOL COMMUNITY THAT ARE DESIGNED TO:
A. REDUCE THE RISK OF THE SPREAD OF SUICIDAL THOUGHTS OR INTENTIONS;
B. PROVIDE SUPPORT FOR AFFECTED STUDENTS AND SCHOOL-BASED PERSONNEL;
C. ADDRESS THE SOCIAL STIGMA ASSOCIATED WITH SUICIDE; AND
D. DISSEMINATE FACTUAL INFORMATION ABOUT SUICIDE AND ITS PREVENTION.
6. "SUICIDE PREVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE TO
RECOGNIZE AND REDUCE SUICIDAL BEHAVIOR, INCLUDING, BUT NOT LIMITED TO:
A. IDENTIFYING RISKS AND PROTECTIVE FACTORS FOR SUICIDE AND SUICIDE
WARNING SIGNS;
S. 2705--A 3
B. ESTABLISHING A PROCESS BY WHICH STUDENTS ARE REFERRED TO A MENTAL
AND BEHAVIORAL HEALTH PROVIDER FOR HELP;
C. MAKING AVAILABLE SCHOOL-BASED AND COMMUNITY-BASED MENTAL HEALTH
SUPPORTS;
D. PROVIDING THE LOCATION OF AVAILABLE ONLINE AND COMMUNITY SUICIDE
PREVENTION RESOURCES, INCLUDING LOCAL CRISIS CENTERS AND HOTLINES;
E. ADOPTING POLICIES AND PROTOCOLS REGARDING SUICIDE PREVENTION,
INTERVENTION, AND POSTVENTION, SCHOOL SAFETY, AND RESPONSE TO CRISIS
SITUATIONS;
F. TRAINING FOR SCHOOL PERSONNEL WHO INTERACT DIRECTLY WITH STUDENTS
IN RECOGNIZING SUICIDE RISKS AND WARNING SIGNS AND HOW TO REFER STUDENTS
FOR FURTHER ASSESSMENT AND EVALUATION; AND
G. INSTRUCTION TO STUDENTS IN PROBLEM-SOLVING AND COPING SKILLS TO
PROMOTE STUDENTS' MENTAL, EMOTIONAL, AND SOCIAL HEALTH AND WELL-BEING,
AND INSTRUCTION IN RECOGNIZING AND APPROPRIATELY RESPONDING TO SIGNS OF
SUICIDAL INTENT IN OTHERS.
7. "MECHANICAL RESTRAINTS" MEANS ANY DEVICE THAT RESTRICTS AN INDIVID-
UAL'S FREEDOM OF MOVEMENT AND THAT THE INDIVIDUAL CANNOT EASILY REMOVE,
INCLUDING BUT NOT LIMITED TO HANDCUFFS AND NYLON OR VELCRO RESTRAINTS.
§ 22. POLICIES, PROCEDURES, AND GUIDELINES. 1. THE GOVERNING BOARD OR
BODY OF EVERY LOCAL EDUCATIONAL AGENCY THAT SERVES STUDENTS IN GRADES
SEVEN TO TWELVE, INCLUSIVE, SHALL, BEFORE THE FIRST DAY OF AUGUST, TWO
THOUSAND TWENTY-FIVE, ADOPT POLICIES, PROCEDURES, AND GUIDELINES ON
STUDENT SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION FOR STUDENTS
IN SUCH GRADES. SUCH POLICIES, PROCEDURES, AND GUIDELINES SHALL BE
DEVELOPED IN CONSULTATION WITH SCHOOL AND COMMUNITY STAKEHOLDERS,
SCHOOL-EMPLOYED MENTAL HEALTH PROFESSIONALS, AND SUICIDE PREVENTION
EXPERTS, AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. METHODS TO INCREASE AWARENESS OF THE RELATIONSHIP BETWEEN SUICIDE
AND SUICIDE RISK FACTORS INCLUDING, BUT NOT LIMITED TO:
I. MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
II. CHILDHOOD ABUSE, NEGLECT, OR TRAUMA;
III. PROLONGED STRESS, INCLUDING INDIVIDUAL EXPERIENCES SUCH AS BULLY-
ING, HARASSMENT, FAMILY OR RELATIONSHIP STRESS, OR OTHER STRESSFUL LIFE
EVENTS, AS WELL AS COLLECTIVE STRESSORS SUCH AS SYSTEMIC BIAS AND
DISCRIMINATION;
IV. EXPOSURE TO ANOTHER PERSON'S SUICIDE, OR SENSATIONALIZED OR GRAPH-
IC ACCOUNTS OF SUICIDE; AND
V. PREVIOUS SUICIDE ATTEMPTS OR HISTORY OF SUICIDE WITHIN A STUDENT'S
FAMILY;
B. IDENTIFICATION OF TRAINING OPPORTUNITIES ON RECOGNIZING SUICIDE
RISKS, AND REFERRAL PROCEDURES AVAILABLE TO SCHOOL EMPLOYEES;
C. AVAILABILITY OF EXPERTISE FROM SCHOOL EMPLOYEES WHO HAVE BEEN
TRAINED IN RECOGNIZING SUICIDE RISKS, AND REFERRAL PROCEDURES;
D. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO SUSPICION, CONCERNS, OR
WARNING SIGNS OF SUICIDE IN STUDENTS;
E. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO A CRISIS SITUATION WHERE A
STUDENT IS IN IMMINENT DANGER TO THEMSELF;
F. POLICIES AND PROTOCOLS FOR COMMUNICATION WITH PARENTS, INCLUDING
THOSE THAT SPECIFY WHAT TO DO IF PARENTAL NOTIFICATION IS NOT IN THE
BEST INTEREST OF THE STUDENT;
G. COUNSELING SERVICES AVAILABLE WITHIN THE SCHOOL FOR STUDENTS AND
THEIR FAMILIES THAT ARE RELATED TO SUICIDE PREVENTION;
H. AVAILABILITY OF INFORMATION CONCERNING CRISIS SITUATION INTER-
VENTION, SUICIDE PREVENTION, AND MENTAL HEALTH SERVICES IN THE COMMUNITY
FOR STUDENTS AND THEIR FAMILIES AND SCHOOL EMPLOYEES;
S. 2705--A 4
I. IDENTIFICATION AND DEVELOPMENT OF PARTNERSHIPS WITH COMMUNITY
ORGANIZATIONS AND AGENCIES FOR REFERRAL OF STUDENTS TO HEALTH, MENTAL
HEALTH, SUBSTANCE USE, AND SOCIAL SUPPORT SERVICES, INCLUDING DEVELOP-
MENT OF AT LEAST ONE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOCAL
EDUCATION AGENCY AND SUCH AN ORGANIZATION OR AGENCY IN THE COMMUNITY OR
REGION, OTHER THAN A LAW ENFORCEMENT AGENCY;
J. DEVELOPMENT OF A CULTURALLY COMPETENT PLAN TO ASSIST SURVIVORS OF
ATTEMPTED SUICIDE AND TO ASSIST STUDENTS AND SCHOOL EMPLOYEES IN COPING
WITH AN ATTEMPTED SUICIDE OR A SUICIDE DEATH WITHIN THE SCHOOL COMMUNI-
TY; AND
K. DEVELOPMENT OF ANY OTHER RELATED PROGRAM OR ACTIVITY FOR STUDENTS
OR SCHOOL EMPLOYEES.
2. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL SPECIFICALLY ADDRESS THE NEEDS OF HIGH-
RISK GROUPS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
A. YOUTH WHO HAVE LOST A FRIEND OR FAMILY MEMBER TO SUICIDE;
B. YOUTH WITH DISABILITIES OR WITH CHRONIC HEALTH CONDITIONS, INCLUD-
ING MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
C. YOUTH EXPERIENCING HOMELESSNESS OR IN OUT-OF-HOME SETTINGS, SUCH AS
FOSTER CARE; AND
D. LGBTQ YOUTH.
3. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL BE WRITTEN TO ENSURE THAT A SCHOOL
EMPLOYEE ACTS ONLY WITHIN THE AUTHORIZATION AND SCOPE OF SUCH EMPLOYEE'S
CREDENTIAL OR LICENSE. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
AUTHORIZING OR ENCOURAGING A SCHOOL EMPLOYEE TO DIAGNOSE OR TREAT MENTAL
HEALTH CONDITIONS UNLESS SUCH EMPLOYEE IS SPECIFICALLY LICENSED AND
EMPLOYED TO DO SO.
4. THE POLICIES, PROCEDURES AND GUIDELINES ADOPTED PURSUANT TO THIS
SECTION SHALL ENSURE THAT SCHOOL OFFICIALS ARE SOLELY RESPONSIBLE FOR
RESPONDING TO STUDENT BEHAVIOR. SUCH POLICIES, PROCEDURES AND GUIDELINES
SHALL MAKE CLEAR THAT LAW ENFORCEMENT INVOLVEMENT IN ADDRESSING STUDENT
BEHAVIOR SHOULD BE THE LAST RESORT AND SHALL MAKE CLEAR THAT UNLESS
OTHERWISE AUTHORIZED BY STATE LAW:
A. LAW ENFORCEMENT OFFICERS AND SCHOOL RESOURCE OFFICERS SHALL NOT USE
MECHANICAL RESTRAINTS ON A STUDENT UNLESS SUCH RESTRAINTS ARE NECESSARY
TO PREVENT IMMINENT AND SERIOUS PHYSICAL INJURY TO SUCH STUDENT OR
ANOTHER PERSON, AND THE USE OF SUCH RESTRAINTS IS LIMITED IN DURATION TO
THE TIME PERIOD IN WHICH SUCH STUDENT PRESENTS A RISK OF CAUSING SERIOUS
PHYSICAL INJURY TO THEMSELVES OR OTHERS; AND
B. ANY DETERMINATION THAT A STUDENT REQUIRES HOSPITAL TRANSPORT FOR A
MENTAL HEALTH EVALUATION SHALL BE MADE BY A CLINICALLY TRAINED MENTAL
HEALTH PROFESSIONAL WHENEVER PRACTICABLE. SUCH STUDENT SHALL BE ACCOMPA-
NIED DURING SUCH TRANSPORT BY A SCHOOL SOCIAL WORKER, GUIDANCE COUNSE-
LOR, NURSE, THERAPIST OR A DESIGNATED SCHOOL EMPLOYEE, AND SUCH PERSON
SHALL STAY WITH THE STUDENT UNTIL THEIR PARENT OR PARENT'S DESIGNEE
ARRIVES. THE SCHOOL SHALL BE RESPONSIBLE FOR CONTACTING THE PARENT WHEN
SUCH HOSPITAL TRANSPORT IS NEEDED.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
CAUSE OF ACTION MAY BE BROUGHT FOR ANY LOSS OR DAMAGE CAUSED BY ANY ACT
OR OMISSION RESULTING FROM THE IMPLEMENTATION OF THE PROVISIONS OF THIS
ARTICLE, OR RESULTING FROM ANY TRAINING, OR LACK OF TRAINING, REQUIRED
BY THIS ARTICLE. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE
ANY SPECIFIC DUTY OF CARE.
6. TO ASSIST LOCAL EDUCATIONAL AGENCIES IN DEVELOPING POLICIES FOR
STUDENT SUICIDE PREVENTION, THE DEPARTMENT SHALL DEVELOP AND MAINTAIN
S. 2705--A 5
MODEL POLICIES, PROCEDURES, AND GUIDELINES IN ACCORDANCE WITH THIS
SECTION TO SERVE AS A GUIDE FOR LOCAL EDUCATIONAL AGENCIES. SUCH MODEL
POLICIES, PROCEDURES, AND GUIDELINES SHALL BE POSTED WITHIN THIRTY DAYS
OF THEIR COMPLETION ON THE DEPARTMENT'S INTERNET WEBSITE, ALONG WITH
RELEVANT RESOURCES AND INFORMATION TO SUPPORT SCHOOLS IN DEVELOPING AND
IMPLEMENTING THE POLICIES, PROCEDURES, AND GUIDELINES REQUIRED UNDER
SUBDIVISION ONE OF THIS SECTION.
7. THE GOVERNING BOARD OR BODY OF A LOCAL EDUCATIONAL AGENCY THAT
SERVES STUDENTS IN GRADES SEVEN TO TWELVE, INCLUSIVE, SHALL REVIEW, AT
MINIMUM EVERY FIFTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
ITS POLICIES, PROCEDURES, AND GUIDELINES ON STUDENT SUICIDE PREVENTION
AND, IF NECESSARY, UPDATE SUCH POLICIES, PROCEDURES, AND GUIDELINES.
§ 23. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
PRIVATE AND PUBLIC EDUCATIONAL INSTITUTIONS IN NEW YORK STATE.
§ 24. SEVERABILITY AND CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE
SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION DECLARES
ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE TO BE INVALID,
OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
DECLARED INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLI-
CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL BE
LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
§ 3. Subdivisions 1, 2, 7 and 8 of section 11 of the education law,
subdivisions 1 and 2 as added by chapter 482 of the laws of 2010 and
subdivision 7 as amended and subdivision 8 as added by chapter 102 of
the laws of 2012, are amended and a new subdivision 11 is added to read
as follows:
1. "School property" shall mean in or within any building, structure,
athletic playing field, playground, parking lot, or land contained with-
in the real property boundary line of a public elementary or secondary
school; or in or on a school bus, as defined in section one hundred
forty-two of the vehicle and traffic law; OR IN A SCHOOL ADMINISTRATIVE
BUILDING.
2. "School function" shall mean a school-sponsored extra-curricular
event or activity, OR A SCHOOL BOARD OR TRUSTEE MEETING.
7. "Harassment" [and "bullying"] shall mean the creation of a hostile
environment by conduct or by threats, intimidation or abuse, including
cyberbullying, 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] THEIR physical safety; or (c) reason-
ably causes or would reasonably be expected to cause physical injury or
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.
8. "Cyberbullying" shall mean harassment or bullying as defined in
[subdivision seven of] this section, [including paragraphs (a), (b), (c)
and (d) of such subdivision,] where such harassment or bullying occurs
S. 2705--A 6
through any form of electronic communication, INCLUDING BUT NOT LIMITED
TO CELL PHONES, EMAIL, SOCIAL MEDIA OR TEXT MESSAGING.
11. "BULLYING" SHALL MEAN A PATTERN OF REPEATED AND DELIBERATE AGGRES-
SIVE ACTS INTENDED TO HARM OR HUMILIATE ANOTHER PERSON WHO IS SMALLER,
WEAKER, YOUNGER OR IN ANY WAY MORE VULNERABLE THAN THE BULLY, AND MAY
INVOLVE VERBAL ATTACKS, TEASING, PHYSICAL ATTACKS, THREATS OF HARM,
SHARING PERSONAL OR PRIVATE INFORMATION ABOUT SOMEONE CAUSING EMBARRASS-
MENT, DELIBERATE EXCLUSION FROM ACTIVITIES, OR OTHER FORMS OF INTIM-
IDATION. THE DELIBERATE TARGETING OF A VULNERABLE PERSON DISTINGUISHES
"BULLYING" FROM "CONFLICT" OR OTHER KINDS OF AGGRESSION.
§ 4. Subdivision 1 of section 12 of the education law, as amended by
chapter 102 of the laws of 2012, is amended to read as follows:
1. No student shall be subjected to harassment or bullying by employ-
ees, SCHOOL BOARD MEMBERS, SCHOOL TRUSTEES, or students on school prop-
erty or at a school function; nor shall any student be subjected to
discrimination based on a person's actual or perceived race, color,
weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, or sex by school employees,
SCHOOL BOARD MEMBERS, SCHOOL TRUSTEES, or students on school property or
at a school function. Nothing in this subdivision shall be construed to
prohibit a denial of admission into, or exclusion from, a course of
instruction based on a person's gender that would be permissible under
section thirty-two hundred one-a or paragraph (a) of subdivision two of
section twenty-eight hundred fifty-four of this chapter and title IX of
the Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.), or
to prohibit, as discrimination based on disability, actions that would
be permissible under section 504 of the Rehabilitation Act of 1973.
§ 5. Paragraphs e and k of subdivision 1 of section 13 of the educa-
tion law, as added by chapter 102 of the laws of 2012, are amended and
two new paragraphs m and n are added to read as follows:
e. require the school, when an investigation reveals any such verified
harassment, bullying or discrimination, to take prompt actions reason-
ably calculated to end the harassment, bullying or discrimination, elim-
inate any hostile environment, create a more positive school culture and
climate, prevent recurrence of the behavior, and ensure the safety of
the student or students against whom such harassment, bullying or
discrimination was directed. Such actions shall be consistent with the
guidelines created pursuant to subdivision four of this section AND
SHALL TAKE INTO CONSIDERATION WHETHER NOTIFICATION OF PERSONS IN
PARENTAL RELATION TO THE STUDENT WHO IS THE SUBJECT OF SUCH HARASSMENT,
BULLYING OR DISCRIMINATION IS IN THE BEST INTEREST OF THE STUDENT;
k. require each school, at least once during each school year, to
provide all school employees, students and parents with a written or
electronic copy of the school district's policies created pursuant to
this section, or a plain-language summary thereof, including notifica-
tion of the process by which students, parents and school employees may
report harassment, bullying and discrimination AND TO POST A WRITTEN
NOTIFICATION INFORMING STUDENTS ABOUT SUCH POLICY AND THE NAME OF THE
SCHOOL EMPLOYEE DESIGNATED TO RECEIVE REPORTS OF HARASSMENT, BULLYING
AND DISCRIMINATION IN THE SCHOOL LOBBY AND IN EVERY RESTROOM USED BY
STUDENTS AS WELL AS OTHER PARTS OF THE SCHOOL WHERE STUDENTS ARE LIKELY
TO SEE SUCH NOTIFICATION. This subdivision shall not be construed to
require additional distribution of such policies and guidelines if they
are otherwise distributed to school employees, students and parents;
M. INCLUDE SAFE, RESPONSIBLE USE OF THE INTERNET AND ELECTRONIC COMMU-
NICATIONS IN THE SCHOOL DISTRICT'S POLICIES; AND
S. 2705--A 7
N. DEVELOP SUCH POLICIES, PROCEDURES AND GUIDELINES TO PREVENT
STUDENTS FROM BEING BULLIED, HARASSED OR DISCRIMINATED AGAINST BY SCHOOL
BOARD MEMBERS AND SCHOOL TRUSTEES; AND
§ 6. Subdivision 5 of section 13 of education law, as added by chapter
102 of the laws of 2012, is amended and a new subdivision 6 is added to
read as follows:
5. Training required by this section shall address the social patterns
of harassment, bullying and discrimination, as defined in section eleven
of this article, including but not limited to those acts based on a
person's actual or perceived race, color, weight, national origin,
ethnic group, religion, religious practice, disability, sexual orien-
tation, gender or sex, the identification and mitigation of harassment,
bullying and discrimination, and strategies for effectively addressing
problems of exclusion, bias and aggression in educational settings[.];
AND
6. TO ASSIST LOCAL EDUCATIONAL AGENCIES TO COMPLY WITH THE PROVISIONS
OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP AND MAINTAIN MODEL POSTERS
OF AT LEAST EIGHTEEN BY TWENTY-FOUR INCHES IN SIZE DESIGNED TO NOTIFY
STUDENTS OF THE IDENTITY OF THE DESIGNATED SCHOOL OFFICIAL OR OFFICIALS
TO WHOM THEY MAY CONFIDENTIALLY REPORT INCIDENTS OF HARASSMENT, BULLYING
OR DISCRIMINATION AND PROVIDE CONTACT INFORMATION FOR SUCH DESIGNATED
SCHOOL OFFICIAL OR OFFICIALS.
§ 7. Section 15 of the education law, as amended by chapter 102 of the
laws of 2012, is amended to read as follows:
§ 15. Reporting by commissioner AND USE OF REPORTS. 1. The commis-
sioner shall create a procedure under which material incidents of
harassment, bullying and discrimination on school grounds or at a school
function are reported to the department at least on an annual basis.
Such procedure shall provide that such reports shall, wherever possible,
also delineate the specific nature of such incidents of harassment,
bullying and discrimination, [provided that the commissioner may comply
with the requirements of this section through use of the existing
uniform violent incident reporting system] INCLUDING BUT NOT LIMITED TO
WHETHER SUCH INCIDENTS WERE STUDENT-ON-STUDENT, STUDENT-ON-EMPLOYEE, OR
EMPLOYEE-ON-STUDENT, THE NUMBER OF COMPLAINTS DISMISSED AND THE BASIS
FOR DISMISSAL, THE NUMBER OF STUDENTS, IF ANY, WHO WITHDREW FROM THE
SCHOOL FOLLOWING THE FILING OF A COMPLAINT AND PRIOR TO THE NEXT
SUCCEEDING SCHOOL YEAR, THE NUMBER OF COMPLAINTS RESULTING IN ANY ACTION
TAKEN, AND THE ACTION TAKEN, INCLUDING STUDENT OR EMPLOYEE TRAINING OR
EDUCATION, STUDENT OR EMPLOYEE DISCIPLINE, OR EMPLOYEE REMOVAL, LEAVE OF
ABSENCE, OR RETIREMENT. In addition, the department may conduct research
or undertake studies to determine compliance throughout the state with
the provisions of this article.
2. THE COMMISSIONER SHALL USE SUCH REPORTS AND DATA TO IDENTIFY
SCHOOLS AND DISTRICTS THAT ARE FAILING TO MEET THE STANDARDS AND OBJEC-
TIVES OF THIS ARTICLE. THE COMMISSIONER SHALL PROMULGATE POLICIES AND
PROCEDURES FOR IMPROVING CONDITIONS AT THESE SCHOOLS TO ENSURE PROPER
TRAINING, SUPPORT, AND COMPLIANCE WITH ALL REQUIREMENTS.
3. THE COMMISSIONER SHALL DELIVER THE REPORT REFERENCED IN SUBDIVISION
ONE OF THIS SECTION TO THE LEGISLATURE, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE EDUCATION COMMITTEE
AND CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE EVERY TWO YEARS ON OR
BEFORE THE FIRST DAY OF NOVEMBER.
§ 8. Section 16 of the education law, as amended by chapter 102 of the
laws of 2012, is amended to read as follows:
S. 2705--A 8
§ 16. Protection of people who report harassment, bullying or discrim-
ination. Any person having reasonable cause to suspect that a student
has been subjected to harassment, bullying or discrimination, by an
employee, SCHOOL BOARD MEMBER, SCHOOL TRUSTEE or student, on school
grounds or at a school function, who, acting reasonably and in good
faith, reports such information to school officials, to the commissioner
or to law enforcement authorities, acts in compliance with paragraph e
or i of subdivision one of section thirteen of this article, or other-
wise initiates, testifies, participates or assists in any formal or
informal proceedings under this article, shall have immunity from any
civil liability that may arise from the making of such report or from
initiating, testifying, participating or assisting in such formal or
informal proceedings, and no school district or employee shall take,
request or cause a retaliatory action against any such person who,
acting reasonably and in good faith, either makes such a report or
initiates, testifies, participates or assists in such formal or informal
proceedings.
§ 9. Subdivision 1 of section 2801 of the education law, as amended by
chapter 402 of the laws of 2005, is amended to read as follows:
1. A. For purposes of this section, [school property] THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SCHOOL PROPERTY" means:
(A) in or within any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boun-
dary line of a public elementary or secondary school OR WITHIN A SCHOOL
ADMINISTRATION BUILDING; or
(B) in or on a school bus, as defined in section one hundred forty-two
of the vehicle and traffic law[; and a school function].
(II) "SCHOOL FUNCTION" shall mean a school-sponsored or school-author-
ized extra-curricular event or activity OR A SCHOOL BOARD OR TRUSTEE
MEETING, regardless of where such event or activity takes place, includ-
ing any event or activity that may take place in another state.
B. THIS SECTION SHALL ALSO APPLY TO CYBERBULLYING, WHETHER ON OR OFF
SCHOOL PROPERTY OR AT A SCHOOL FUNCTION.
§ 10. This act shall take effect immediately.
