Text of NY A 3146 (2013)

S T A T E O F N E W Y O R K ________________________________________________________________________ 3146 2013-2014 Regular Sessions I N A S S E M B L Y January 23, 2013 ___________ Introduced by M. of A. McDONOUGH, COLTON, CROUCH, JAFFEE, STEVENSON, MONTESANO, McKEVITT, TITONE, SALADINO, CURRAN, GRAF -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, DUPREY, HAWLEY, JORDAN, McLAUGHLIN, RABBITT, THIELE -- read once and referred to the Committee on Educa- tion AN ACT to amend the education law, the penal law, the executive law and the state finance law, in relation to establishing the "anti-bullying bill of rights act" and establishes the New York state commission on bullying in schools; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "anti-bullying bill of rights act". 3 S 2. Legislative intent. In recent years, the state legislature has 4 taken several steps to ensure that school pupils, teachers and other 5 personnel are provided with a safe and secure learning environment on 6 all school property. Through the enactment of provisions requiring the 7 fingerprinting of a school district's prospective employees and the 8 enactment of the safe schools against violence in education act, the 9 legislature has ensured the increased safety of our schools. However, to 10 address concerns that harassment of pupils and school personnel through 11 acts of harassment, intimidation or bullying can be both disruptive to 12 the learning process and harmful, mentally and/or physically to intended 13 victims, the legislature finds that enactment of this legislation to 14 prohibit bullying on school property is necessary and appropriate to 15 further ensure that New York state's public schools be made as safe as 16 possible. 17 S 3. Section 305 of the education law is amended by adding four new 18 subdivisions 43, 44, 45 and 46 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05277-02-3 A. 3146 2 1 43. (A) THE COMMISSIONER, IN CONSULTATION WITH RECOGNIZED EXPERTS IN 2 SCHOOL BULLYING FROM A CROSS SECTION OF ACADEMIA, CHILD ADVOCACY ORGAN- 3 IZATIONS, NONPROFIT ORGANIZATIONS, PROFESSIONAL ASSOCIATIONS, AND 4 GOVERNMENT AGENCIES, SHALL ESTABLISH IN-SERVICE WORKSHOPS AND TRAINING 5 PROGRAMS TO TRAIN SELECTED PUBLIC SCHOOL EMPLOYEES TO ACT AS DISTRICT 6 ANTI-BULLYING SPECIALISTS IN ACCORDANCE WITH THIS CHAPTER. THE COMMIS- 7 SIONER SHALL SEEK TO MAKE THE WORKSHOPS AND TRAINING PROGRAMS AVAILABLE 8 AND ADMINISTERED ONLINE THROUGH THE DEPARTMENT'S WEBSITE OR OTHER EXIST- 9 ING ONLINE RESOURCES. THE COMMISSIONER SHALL EVALUATE THE EFFECTIVENESS 10 OF THE CONSULTING GROUP ON AN ANNUAL BASIS. THE IN-SERVICE TRAINING 11 PROGRAMS MAY UTILIZE ANY OFFICE, INSTITUTION, AGENCY OR PERSON DEEMED 12 APPROPRIATE BY THE COMMISSIONER. EACH BOARD OF EDUCATION SHALL PROVIDE 13 TIME FOR THE IN-SERVICE TRAINING DURING THE USUAL SCHOOL SCHEDULE IN 14 ORDER TO ENSURE THAT APPROPRIATE PERSONNEL ARE PREPARED TO ACT IN THE 15 DISTRICT AS ANTI-BULLYING COORDINATORS AND SCHOOL ANTI-BULLYING SPECIAL- 16 ISTS. 17 (B) UPON COMPLETION ON THE INITIAL IN-SERVICE TRAINING PROGRAM, THE 18 COMMISSIONER SHALL ENSURE THAT PROGRAMS AND WORKSHOPS THAT REFLECT THE 19 MOST CURRENT INFORMATION ON HARASSMENT, INTIMIDATION AND BULLYING IN 20 SCHOOLS ARE PREPARED AND MADE AVAILABLE TO DISTRICT ANTI-BULLYING COOR- 21 DINATORS AND SCHOOL ANTI-BULLYING SPECIALISTS AT REGULAR INTERVALS. 22 44. THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE, 23 AN ONLINE TUTORIAL ON HARASSMENT, INTIMIDATION AND BULLYING. SUCH ONLINE 24 TUTORIAL SHALL, AT A MINIMUM, INCLUDE BEST PRACTICES IN THE PREVENTION 25 OF HARASSMENT, INTIMIDATION, AND BULLYING, APPLICABLE LAWS, AND OTHER 26 SUCH INFORMATION THAT THE COMMISSIONER DETERMINES APPROPRIATE. SUCH 27 ONLINE TUTORIAL SHALL BE ACCOMPANIED BY A TEST TO ASSESS A PERSON'S 28 UNDERSTANDING OF THE INFORMATION PROVIDED IN THE TUTORIAL. 29 45. THE COMMISSIONER SHALL DEVELOP A GUIDANCE DOCUMENT TO BE USED BY 30 PARENTS, STUDENTS AND SCHOOL DISTRICTS TO ASSIST IN RESOLVING COMPLAINTS 31 REGARDING HARASSMENT, INTIMIDATION OR BULLYING BEHAVIORS AND CONCERNING 32 THE IMPLEMENTATION BY SCHOOL DISTRICTS OF STATUTORY REQUIREMENTS. 33 46. THE COMMISSIONER SHALL ESTABLISH A FORMAL PROTOCOL TO BE USED BY 34 SUPERINTENDENTS OF SCHOOL DISTRICTS IN INVESTIGATING COMPLAINTS THAT 35 SUCH SCHOOL DISTRICTS ARE NOT ADHERING TO THE PROVISIONS OF LAW GOVERN- 36 ING HARASSMENT, INTIMIDATION OR BULLYING IN SCHOOLS. 37 S 4. The education law is amended by adding a new section 361 to read 38 as follows: 39 S 361. POLICY ON THE PREVENTION OF HARASSMENT, INTIMIDATION AND BULLY- 40 ING. THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL 41 ADOPT RULES REQUIRING THAT EACH INSTITUTION OF THE STATE UNIVERSITY, ON 42 OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN, ADOPT AND IMPLEMENT A POLI- 43 CY ON THE PREVENTION OF HARASSMENT, INTIMIDATION AND BULLYING. 44 S 5. Section 801-a of the education law, as amended by chapter 102 of 45 the laws of 2012, is amended to read as follows: 46 S 801-a. Instruction in civility, citizenship and character education. 47 The regents shall ensure that the course of instruction in grades 48 kindergarten through twelve includes a component on civility, citizen- 49 ship and character education. Such component shall instruct students on 50 the principles of honesty, tolerance, personal responsibility, respect 51 for others, with an emphasis on discouraging acts of harassment, INTIM- 52 IDATION OR bullying, AS DEFINED IN SUBDIVISION ONE OF SECTION 53 TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER, AGAINST FELLOW STUDENTS, 54 discrimination, observance of laws and rules, courtesy, dignity and 55 other traits which will enhance the quality of their experiences in, and 56 contributions to, the community. Such component shall include instruc- A. 3146 3 1 tion of safe, responsible use of the internet and electronic communi- 2 cations. The regents shall determine how to incorporate such component 3 in existing curricula and the commissioner shall promulgate any regu- 4 lations needed to carry out such determination of the regents. For the 5 purposes of this section, "tolerance," "respect for others" and "digni- 6 ty" shall include awareness and sensitivity to harassment, bullying, 7 discrimination and civility in the relations of people of different 8 races, weights, national origins, ethnic groups, religions, religious 9 practices, mental or physical abilities, sexual orientations, genders, 10 and sexes. 11 S 6. The education law is amended by adding a new section 1504-a to 12 read as follows: 13 S 1504-A. SCHOOL SAFETY TEAMS. 1. ALL SCHOOL DISTRICTS ARE HEREBY 14 AUTHORIZED AND DIRECTED TO ESTABLISH A SCHOOL SAFETY TEAM IN EACH SCHOOL 15 IN THE DISTRICT TO DEVELOP, FOSTER AND MAINTAIN A POSITIVE SCHOOL 16 CLIMATE BY FOCUSING ON THE ON-GOING, SYSTEMIC PROCESS AND PRACTICES IN 17 THE SCHOOL AND TO ADDRESS SCHOOL CLIMATE ISSUES SUCH AS HARASSMENT, 18 INTIMIDATION OR BULLYING. SUCH TEAM SHALL MEET AT LEAST TWO TIMES PER 19 SCHOOL YEAR. 20 2. SUCH TEAM SHALL CONSIST OF THE PRINCIPAL OR HIS OR HER DESIGNEE, 21 AND HE OR SHE SHALL APPOINT A TEACHER IN THE SCHOOL, A SCHOOL ANTI-BUL- 22 LYING SPECIALIST, A PARENT OF A STUDENT IN THE SCHOOL, AND OTHER MEMBERS 23 DEEMED APPROPRIATE BY THE PRINCIPAL. 24 3. THE SCHOOL ANTI-BULLYING SPECIALIST SHALL ACT AS THE CHAIR OF THE 25 SCHOOL SAFETY TEAM. 26 4. SUCH TEAM SHALL: 27 (A) RECEIVE ANY COMPLAINTS OF HARASSMENT, INTIMIDATION, OR BULLYING OF 28 STUDENTS THAT HAVE BEEN REPORTED TO THE PRINCIPAL; 29 (B) RECEIVE COPIES OF ANY REPORT PREPARED AFTER AN INVESTIGATION OF AN 30 INCIDENT OF HARASSMENT, INTIMIDATION, OR BULLYING; 31 (C) IDENTIFY AND ADDRESS PATTERNS OF HARASSMENT, INTIMIDATION, OR 32 BULLYING OF STUDENTS IN THE SCHOOL; 33 (D) REVIEW AND STRENGTHEN SCHOOL CLIMATE AND THE POLICIES OF THE 34 SCHOOL IN ORDER TO PREVENT AND ADDRESS HARASSMENT, INTIMIDATION, OR 35 BULLYING OF STUDENTS; 36 (E) EDUCATE THE COMMUNITY, INCLUDING STUDENTS, TEACHERS, ADMINISTRA- 37 TIVE STAFF, AND PARENTS, TO PREVENT AND ADDRESS HARASSMENT, INTIM- 38 IDATION, OR BULLYING OF STUDENTS; 39 (F) PARTICIPATE IN THE TRAINING REQUIRED PURSUANT TO THE PROVISIONS OF 40 P.L. 2002, C.83 (C.18A:37-13 ET SEQ.) AND OTHER TRAINING WHICH THE PRIN- 41 CIPAL OR THE DISTRICT ANTI-BULLYING COORDINATOR MAY REQUEST; 42 (G) COLLABORATE WITH THE DISTRICT ANTI-BULLYING COORDINATOR IN THE 43 COLLECTION OF DISTRICT-WIDE DATA AND IN THE DEVELOPMENT OF DISTRICT 44 POLICIES TO PREVENT AND ADDRESS HARASSMENT, INTIMIDATION, OR BULLYING OF 45 STUDENTS; AND 46 (H) EXECUTE SUCH OTHER DUTIES RELATED TO HARASSMENT, INTIMIDATION, AND 47 BULLYING AS REQUESTED BY THE PRINCIPAL OR DISTRICT ANTI-BULLYING COORDI- 48 NATOR. 49 5. THE MEMBERS OF SUCH TEAM SHALL BE PROVIDED PROFESSIONAL DEVELOPMENT 50 OPPORTUNITIES THAT ADDRESS EFFECTIVE PRACTICES OF SUCCESSFUL SCHOOL 51 CLIMATE PROGRAMS. 52 S 7. The education law is amended by adding a new section 1504-b to 53 read as follows: 54 S 1504-B. ANTI-BULLYING COORDINATOR. 1. ALL SCHOOL DISTRICT SUPER- 55 INTENDENTS SHALL APPOINT A DISTRICT ANTI-BULLYING COORDINATOR, AND TO A. 3146 4 1 THE EXTENT POSSIBLE, SUCH POSITION SHALL BE FILLED BY AN EXISTING 2 DISTRICT EMPLOYEE. 3 2. THE DISTRICT ANTI-BULLYING COORDINATOR SHALL: 4 (A) BE RESPONSIBLE FOR COORDINATING AND STRENGTHENING THE SCHOOL 5 DISTRICT'S POLICIES TO PREVENT, IDENTIFY AND ADDRESS HARASSMENT, INTIM- 6 IDATION AND BULLYING OF STUDENTS; 7 (B) COLLABORATE WITH SCHOOL ANTI-BULLYING SPECIALISTS IN THE DISTRICT, 8 THE BOARD OF EDUCATION, AND THE SUPERINTENDENT OF SCHOOLS TO PREVENT, 9 IDENTIFY, AND RESPOND TO HARASSMENT, INTIMIDATION, AND BULLYING OF 10 STUDENTS IN THE DISTRICT; 11 (C) PROVIDE DATA, IN COLLABORATION WITH THE SCHOOL DISTRICT SUPER- 12 INTENDENT, TO THE COMMISSIONER, REGARDING HARASSMENT, INTIMIDATION AND 13 BULLYING OF STUDENTS; AND 14 (D) EXECUTE SUCH OTHER DUTIES RELATED TO SCHOOL HARASSMENT, INTIM- 15 IDATION, AND BULLYING AS REQUESTED BY THE SUPERINTENDENT OF SCHOOLS. 16 3. THE DISTRICT ANTI-BULLYING COORDINATOR SHALL MEET AT LEAST TWICE 17 DURING THE SCHOOL YEAR, WITH ANTI-BULLYING SPECIALISTS IN THE DISTRICT 18 TO DISCUSS AND STRENGTHEN PROCEDURES AND POLICIES TO PREVENT, IDENTIFY 19 AND ADDRESS HARASSMENT, INTIMIDATION AND BULLYING IN THE DISTRICT. 20 S 8. Subdivision 1 of section 2102-a of the education law is amended 21 by adding a new paragraph b-1 to read as follows: 22 B-1. BEGINNING WITH THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN 23 SCHOOL YEAR, IN ADDITION TO THE TRAINING REQUIRED BY PARAGRAPHS A AND B 24 OF THIS SUBDIVISION, EVERY TRUSTEE OR VOTING MEMBER OF A BOARD OF EDUCA- 25 TION OF A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL 26 SERVICES, ELECTED OR APPOINTED FOR A FIRST TERM BEGINNING ON OR AFTER 27 THE FIRST OF JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS PARAGRAPH, 28 SHALL, WITHIN THE FIRST YEAR OF HIS OR HER TERM, COMPLETE A TRAINING 29 COURSE ON HARASSMENT, INTIMIDATION AND BULLYING IN SCHOOLS, PROVIDED 30 HOWEVER, SUCH TRUSTEE OR MEMBER SHALL BE REQUIRED TO TAKE SUCH COURSE 31 ONLY ONCE. SUCH TRAINING COURSE SHALL BE SUBJECT TO THE APPROVAL OF THE 32 COMMISSIONER. 33 S 9. Subdivision 2 of section 2801 of the education law is amended by 34 adding two new paragraphs a-1 and f-1 to read as follows: 35 A-1. PROVISIONS PROHIBITING HARASSMENT, INTIMIDATION OR BULLYING ON 36 SCHOOL PROPERTY, SCHOOL BUS OR SCHOOL BUS STOP INCLUDING A SCHOOL FUNC- 37 TION, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE OF THIS ARTICLE, 38 PROVIDED HOWEVER, SUCH SCHOOL DISTRICT SHALL ANNUALLY CONDUCT A RE-EVAL- 39 UATION, REASSESSMENT, AND REVIEW OF SUCH PROVISIONS, MAKING ANY NECES- 40 SARY REVISIONS AND ADDITIONS. THE FIRST REVISED POLICY FOLLOWING THE 41 EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE TRANSMITTED TO THE COMMISSION- 42 ER NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN. NOTICE OF THE 43 SCHOOL DISTRICT'S PROVISIONS REGARDING THE PROHIBITION OF HARASSMENT, 44 INTIMIDATION OR BULLYING SHALL APPEAR IN ANY PUBLICATION OF THE SCHOOL 45 DISTRICT THAT SETS FORTH THE COMPREHENSIVE RULES, PROCEDURES AND STAND- 46 ARDS OF CONDUCT FOR SCHOOLS WITHIN THE SCHOOL DISTRICT AND IN ANY 47 STUDENT HANDBOOK; 48 F-1. (I) WHEN ANY SCHOOL EMPLOYEE HAVING REASONABLE CAUSE TO SUSPECT 49 THAT A STUDENT HAS COMMITTED AN ACT OF HARASSMENT, INTIMIDATION OR 50 BULLYING, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS ARTI- 51 CLE, THE SCHOOL EMPLOYEE SHALL VERBALLY REPORT SUCH INCIDENT ON THE SAME 52 DAY WHEN SUCH EMPLOYEE WITNESSED OR RECEIVED INFORMATION REGARDING SUCH 53 INCIDENT, TO THE PRINCIPAL, OR DESIGNEE THEREOF, WHO IN TURN SHALL 54 REPORT SUCH INCIDENT TO THE SUPERINTENDENT, UPON A DETERMINATION BY THE 55 PRINCIPAL, OR DESIGNEE THEREOF, THAT THERE IS A REASONABLE SUSPICION 56 THAT THE ACT OCCURRED. FAILURE OF AN EMPLOYEE TO MAKE A REPORT PURSUANT A. 3146 5 1 TO THIS PARAGRAPH MAY NOT BE THE BASIS FOR ANY DISCIPLINARY ACTION OR 2 PROFESSIONAL MISCONDUCT CHARGE AGAINST THE EMPLOYEE, PROVIDED HOWEVER, 3 THE PRINCIPAL, OR DESIGNEE THEREOF, WHO RECEIVES A REPORT OF HARASSMENT, 4 INTIMIDATION, OR BULLYING FROM A SCHOOL EMPLOYEE, WHO FAILS TO INITIATE 5 OR CONDUCT AN INVESTIGATION, OR WHO SHOULD HAVE KNOWN OF AN INCIDENT OF 6 HARASSMENT, INTIMIDATION, OR BULLYING AND FAILS TO TAKE SUFFICIENT 7 ACTION TO MINIMIZE OR ELIMINATE THE HARASSMENT, INTIMIDATION, OR BULLY- 8 ING, MAY BE SUBJECT TO DISCIPLINARY ACTION; 9 (II) THE PRINCIPAL SHALL INFORM THE PARENTS OR GUARDIANS OF ALL 10 STUDENTS INVOLVED IN THE ALLEGED INCIDENT, AND MAY DISCUSS, AS APPROPRI- 11 ATE, THE AVAILABILITY OF COUNSELING AND OTHER INTERVENTION SERVICES. ALL 12 ACTS OF HARASSMENT, INTIMIDATION, OR BULLYING SHALL BE REPORTED IN WRIT- 13 ING TO THE SCHOOL PRINCIPAL WITHIN TWO SCHOOL DAYS OF WHEN THE SCHOOL 14 EMPLOYEE WITNESSED OR RECEIVED RELIABLE INFORMATION THAT A STUDENT HAD 15 BEEN SUBJECT TO HARASSMENT, INTIMIDATION, OR BULLYING. IN CASES IN WHICH 16 AN INCIDENT OF HARASSMENT, INTIMIDATION, OR BULLYING OCCURS EXCLUSIVELY 17 AMONG OR BETWEEN SPECIAL EDUCATION STUDENTS OR STUDENTS WITH DEVELOP- 18 MENTAL DISABILITIES, THE SCHOOL EMPLOYEE WHO WITNESSES SUCH AN INCIDENT 19 OF HARASSMENT, INTIMIDATION, OR BULLYING SHALL HAVE DISCRETION TO DETER- 20 MINE WHETHER THE INCIDENT IS NECESSARY TO REPORT OR WHETHER THE INCIDENT 21 MAY HAVE BEEN AFFECTED BY THE CONDITION OF THE STUDENTS AND THEREBY 22 WARRANTS AN ALTERNATIVE APPROACH MORE APPROPRIATE IN THE SPECIAL EDUCA- 23 TION CONTEXT; 24 (III) A PROCEDURE FOR PROMPT INVESTIGATION OF REPORTS OF VIOLATIONS 25 AND COMPLAINTS, WHICH SHALL AT A MINIMUM PROVIDE THAT: 26 (A) AN INVESTIGATION SHALL BE INITIATED BY THE PRINCIPAL OR THE PRIN- 27 CIPAL'S DESIGNEE WITHIN ONE SCHOOL DAY OF THE REPORT OF THE INCIDENT AND 28 SHALL BE CONDUCTED BY A SCHOOL ANTI-BULLYING SPECIALIST DESIGNATED BY 29 THE PRINCIPAL. THE PRINCIPAL MAY APPOINT ADDITIONAL PERSONNEL TO ASSIST 30 IN THE INVESTIGATION. THE INVESTIGATION SHALL BE COMPLETED AS SOON AS 31 POSSIBLE, BUT NOT LATER THAN TEN SCHOOL DAYS FROM THE DATE OF THE REPORT 32 OF THE INCIDENT OF HARASSMENT, INTIMIDATION, OR BULLYING; 33 (B) THE RESULTS OF THE INVESTIGATION SHALL BE REPORTED TO THE SUPER- 34 INTENDENT OF SCHOOLS WITHIN TWO SCHOOL DAYS OF THE COMPLETION OF THE 35 INVESTIGATION, AND THE SUPERINTENDENT MAY DECIDE TO PROVIDE INTERVENTION 36 SERVICES, ESTABLISH TRAINING PROGRAMS TO REDUCE HARASSMENT, INTIM- 37 IDATION, OR BULLYING AND ENHANCE SCHOOL CLIMATE, IMPOSE DISCIPLINE, OR 38 ORDER COUNSELING AS A RESULT OF THE FINDINGS OF THE INVESTIGATION; 39 (C) THE RESULTS OF EACH INVESTIGATION SHALL BE REPORTED TO THE BOARD 40 OF EDUCATION NO LATER THAN THE DATE OF THE BOARD OF EDUCATION MEETING 41 NEXT FOLLOWING THE COMPLETION OF THE INVESTIGATION, ALONG WITH INFORMA- 42 TION ON ANY SERVICES PROVIDED, TRAINING ESTABLISHED, OR DISCIPLINE 43 IMPOSED OR RECOMMENDED BY THE SUPERINTENDENT; 44 (D) PARENTS OR GUARDIANS OF THE STUDENTS WHO ARE PARTIES TO THE INVES- 45 TIGATION SHALL BE ENTITLED TO RECEIVE INFORMATION ABOUT THE INVESTI- 46 GATION, IN ACCORDANCE WITH FEDERAL AND STATE LAW AND REGULATION, INCLUD- 47 ING THE NATURE OF THE INVESTIGATION, WHETHER THE DISTRICT FOUND EVIDENCE 48 OF HARASSMENT, INTIMIDATION, OR BULLYING, OR WHETHER DISCIPLINE WAS 49 IMPOSED OR SERVICES PROVIDED TO ADDRESS THE INCIDENT OF HARASSMENT, 50 INTIMIDATION, OR BULLYING. THIS INFORMATION SHALL BE PROVIDED IN WRITING 51 WITHIN FIVE SCHOOL DAYS AFTER THE RESULTS OF THE INVESTIGATION ARE 52 REPORTED TO THE BOARD OF EDUCATION. A PARENT OR GUARDIAN MAY REQUEST A 53 HEARING BEFORE THE BOARD OF EDUCATION AFTER RECEIVING THE INFORMATION, 54 AND THE HEARING SHALL BE HELD WITHIN TEN DAYS OF THE REQUEST. THE BOARD 55 OF EDUCATION SHALL PROTECT THE CONFIDENTIALITY OF THE STUDENTS DURING 56 THE HEARING. AT THE HEARING THE BOARD OF EDUCATION MAY HEAR FROM THE A. 3146 6 1 SCHOOL ANTI-BULLYING SPECIALIST ABOUT THE INCIDENT, RECOMMENDATIONS FOR 2 DISCIPLINE OR SERVICES, AND ANY PROGRAMS INSTITUTED TO REDUCE SUCH INCI- 3 DENTS; 4 (E) AT THE NEXT BOARD OF EDUCATION MEETING FOLLOWING ITS RECEIPT OF 5 THE REPORT, THE BOARD OF EDUCATION SHALL ISSUE A DECISION, IN WRITING, 6 TO AFFIRM, REJECT, OR MODIFY THE SUPERINTENDENT'S DECISION. THE BOARD OF 7 EDUCATION'S DECISION MAY BE APPEALED TO THE COMMISSIONER, IN ACCORDANCE 8 WITH THE PROCEDURES SET FORTH IN LAW AND REGULATION, NO LATER THAN NINE- 9 TY DAYS AFTER THE ISSUANCE OF THE BOARD OF EDUCATION'S DECISION; 10 (IV) THE RANGE OF WAYS IN WHICH A SCHOOL WILL RESPOND ONCE AN INCIDENT 11 OF HARASSMENT, INTIMIDATION OR BULLYING IS IDENTIFIED, SHALL BE DEFINED 12 BY THE PRINCIPAL IN CONJUNCTION WITH THE SCHOOL ANTI-BULLYING SPECIAL- 13 IST, BUT SHALL INCLUDE AN APPROPRIATE COMBINATION OF COUNSELING, SUPPORT 14 SERVICES, INTERVENTION SERVICES, AND OTHER PROGRAMS, AS DEFINED BY THE 15 COMMISSIONER; 16 (V) A STATEMENT THAT PROHIBITS REPRISAL OR RETALIATION AGAINST ANY 17 PERSON WHO REPORTS AN ACT OF HARASSMENT, INTIMIDATION OR BULLYING AND 18 THE CONSEQUENCE AND APPROPRIATE REMEDIAL ACTION FOR A PERSON WHO ENGAGES 19 IN REPRISAL OR RETALIATION; 20 (VI) CONSEQUENCES AND APPROPRIATE REMEDIAL ACTION FOR A PERSON FOUND 21 TO HAVE FALSELY ACCUSED ANOTHER AS A MEANS OF RETALIATION OR AS A MEANS 22 OF HARASSMENT, INTIMIDATION OR BULLYING; 23 (VII) A STATEMENT OF HOW THE POLICY IS TO BE PUBLICIZED, INCLUDING 24 NOTICE THAT THE POLICY APPLIES TO PARTICIPATION IN SCHOOL-SPONSORED 25 FUNCTIONS; 26 (VIII) A REQUIREMENT THAT A LINK TO THE POLICY BE PROMINENTLY POSTED 27 ON THE HOMEPAGE OF THE SCHOOL DISTRICT'S WEBSITE AND DISTRIBUTED ANNUAL- 28 LY TO PARENTS AND GUARDIANS WHO HAVE CHILDREN ENROLLED IN A SCHOOL IN 29 THE SCHOOL DISTRICT; AND 30 (IX) A REQUIREMENT THAT THE NAME, PHONE NUMBER, ADDRESS AND EMAIL 31 ADDRESS OF THE DISTRICT ANTI-BULLYING COORDINATOR BE LISTED ON THE HOME- 32 PAGE OF THE SCHOOL DISTRICT'S WEBSITE AND THAT ON THE HOMEPAGE OF EACH 33 SCHOOL'S WEBSITE THE NAME, PHONE NUMBER, ADDRESS AND EMAIL ADDRESS OF 34 THE SCHOOL ANTI-BULLYING SPECIALIST AND THE DISTRICT ANTI-BULLYING COOR- 35 DINATOR BE LISTED. THE INFORMATION CONCERNING THE DISTRICT ANTI-BULLYING 36 COORDINATOR AND THE SCHOOL ANTI-BULLYING SPECIALISTS SHALL ALSO BE MAIN- 37 TAINED ON THE DEPARTMENT'S WEBSITE. 38 S 10. The education law is amended by adding a new section 2801-c to 39 read as follows: 40 S 2801-C. ASSESSMENT OF HARASSMENT, INTIMIDATION AND BULLYING 41 PREVENTION PROGRAMS OR APPROACHES. 1. SCHOOLS AND SCHOOL DISTRICTS SHALL 42 ANNUALLY ESTABLISH, IMPLEMENT, DOCUMENT, AND ASSESS HARASSMENT, INTIM- 43 IDATION AND BULLYING PREVENTION PROGRAMS OR APPROACHES, AND OTHER INITI- 44 ATIVES INVOLVING SCHOOL STAFF, STUDENTS, ADMINISTRATORS, VOLUNTEERS, 45 PARENTS, LAW ENFORCEMENT AND COMMUNITY MEMBERS. THE PROGRAMS OR 46 APPROACHES SHALL BE DESIGNED TO CREATE SCHOOLWIDE CONDITIONS TO PREVENT 47 AND ADDRESS HARASSMENT, INTIMIDATION, AND BULLYING. 48 2. A SCHOOL DISTRICT MAY APPLY TO THE DEPARTMENT FOR A GRANT TO BE 49 USED FOR PROGRAMS OR APPROACHES ESTABLISHED PURSUANT TO THIS CHAPTER, TO 50 THE EXTENT FUNDS ARE APPROPRIATED FOR THESE PURPOSES OR FUNDS ARE MADE 51 AVAILABLE THROUGH THE BULLYING PREVENTION FUND ESTABLISHED PURSUANT TO 52 SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW. 53 3. A SCHOOL DISTRICT SHALL: 54 A. PROVIDE TRAINING ON THE SCHOOL DISTRICT'S HARASSMENT, INTIMIDATION, 55 OR BULLYING POLICIES TO SCHOOL EMPLOYEES AND VOLUNTEERS WHO HAVE SIGNIF- 56 ICANT CONTACT WITH STUDENTS; A. 3146 7 1 B. ENSURE THAT THE TRAINING INCLUDES INSTRUCTION ON PREVENTING HARASS- 2 MENT, INTIMIDATION AND BULLYING ON THE BASIS OF PROTECTED CATEGORIES AND 3 OTHER DISTINGUISHING CHARACTERISTICS THAT MAY INCITE INCIDENTS OF 4 DISCRIMINATION, HARASSMENT, INTIMIDATION, OR BULLYING; AND 5 C. INFORMATION REGARDING THE SCHOOL DISTRICT'S POLICY AGAINST HARASS- 6 MENT, INTIMIDATION OR BULLYING SHALL BE PROVIDED TO FULL-TIME AND PART- 7 TIME STAFF, VOLUNTEERS WHO HAVE SIGNIFICANT CONTACT WITH STUDENTS, AND 8 THOSE PERSONS CONTRACTED BY THE DISTRICT TO PROVIDE SERVICES TO THE 9 STUDENTS. 10 S 11. The education law is amended by adding a new section 2803 to 11 read as follows: 12 S 2803. HARASSMENT, INTIMIDATION AND BULLYING PROHIBITED. 1. FOR 13 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING 14 MEANINGS: 15 A. "PUBLIC SCHOOL" MEANS: 16 (I) A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, KINDERGARTEN OR PRE-KIN- 17 DERGARTEN PROGRAM, ADULT OR CONTINUING EDUCATION PROGRAM OR OTHER EDUCA- 18 TIONAL PROGRAM OPERATED BY A SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF 19 COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN- 20 SION BOARDS; AND 21 (II) A SCHOOL OR EDUCATIONAL PROGRAM THAT SERVES STUDENTS IN ANY OF 22 GRADES KINDERGARTEN THROUGH TWELVE AND IS OPERATED BY THE DEPARTMENT, OR 23 IS OPERATED OR SUPERVISED BY ANOTHER STATE AGENCY OR A POLITICAL SUBDI- 24 VISION AND IS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OF 25 THIS CHAPTER. 26 B. "PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM" MEANS AN APPROVED 27 PROVIDER OF SPECIAL EDUCATION PROGRAMS AND SERVICES UNDER SECTION 28 FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, AN APPROVED PRIVATE RESIDENTIAL 29 OR NON-RESIDENTIAL SCHOOL FOR THE PROVISION OF SPECIAL SERVICES OR 30 PROGRAMS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE 31 OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL SUBJECT TO THE PROVISIONS OF 32 ARTICLE EIGHTY-FIVE OF THIS CHAPTER OR ANY OTHER AGENCY OR ENTITY THAT 33 PROVIDES SPECIAL EDUCATION PROGRAMS OR SERVICES PURSUANT TO THE 34 PROVISIONS OF ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER. 35 C. "SCHOOL PROPERTY" MEANS ON OR WITHIN ANY BUILDING, STRUCTURE, 36 ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR LAND CONTAINED WITHIN 37 THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC SCHOOL OR A PUBLICLY FUNDED 38 SPECIAL EDUCATION PROGRAM; OR IN OR ON A SCHOOL BUS OR SCHOOL BUS STOP, 39 AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC 40 LAW; AND A "SCHOOL FUNCTION" MEANS A SCHOOL SPONSORED EXTRA-CURRICULAR 41 EVENT OR ACTIVITY. 42 D. "HARASSMENT, INTIMIDATION OR BULLYING" MEANS ANY GESTURE, WRITTEN, 43 VERBAL OR PHYSICAL ACT, OR ANY ELECTRONIC COMMUNICATION, INCLUDING 44 THREATS, STALKING AND INTIMIDATION, THE USE OF EPITHETS OR SLURS, THAT 45 IS REASONABLY PERCEIVED AS BEING MOTIVATED EITHER BY ANY ACTUAL OR 46 PERCEIVED CHARACTERISTIC, SUCH AS RACE, COLOR, RELIGION, RELIGIOUS PRAC- 47 TICES, ANCESTRY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER 48 IDENTITY AND EXPRESSION, OR A MENTAL, PHYSICAL OR SENSORY HANDICAP, OR 49 BY ANY OTHER DISTINGUISHING CHARACTERISTIC, THAT TAKES PLACE ON SCHOOL 50 PROPERTY, AT ANY SCHOOL-SPONSORED FUNCTION OR ON A SCHOOL BUS OR SCHOOL 51 BUS STOP AND THAT: 52 (I) A REASONABLE PERSON SHOULD KNOW, UNDER THE CIRCUMSTANCES, WILL 53 HAVE THE EFFECT OF PHYSICALLY OR EMOTIONALLY HARMING A STUDENT OR DAMAG- 54 ING A STUDENT'S PROPERTY, OR PLACING A STUDENT IN REASONABLE FEAR OF 55 HARM TO HIS OR HER PERSON OR DAMAGE TO HIS OR HER PROPERTY; A. 3146 8 1 (II) HAS THE EFFECT OF INSULTING OR DEMEANING ANY STUDENT OR GROUP OF 2 STUDENTS IN SUCH A WAY AS TO CAUSE DISRUPTION IN, OR INTERFERENCE WITH, 3 THE ORDERLY OPERATION OF THE SCHOOL; 4 (III) CREATES A HOSTILE ENVIRONMENT AT SCHOOL FOR THE STUDENT; OR 5 (IV) INFRINGES ON THE RIGHTS OF THE STUDENT AT SCHOOL. 6 E. "ELECTRONIC COMMUNICATION" MEANS A COMMUNICATION TRANSMITTED BY 7 MEANS OF AN ELECTRONIC DEVICE, INCLUDING, BUT NOT LIMITED TO, A TELE- 8 PHONE, CELLULAR PHONE, COMPUTER, HAND-HELD ELECTRONIC COMMUNICATION 9 DEVICE OR PAGER. 10 2. NO STUDENT SHALL BE SUBJECT TO HARASSMENT, INTIMIDATION OR BULLYING 11 BY ANY STUDENT OF A PUBLIC SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION 12 PROGRAM. 13 3. A. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS 14 SECTION IN A PUBLIC SCHOOL OR ON SCHOOL PROPERTY, SCHOOL BUS OR SCHOOL 15 BUS STOP SHALL BE SUBJECT TO DISCIPLINARY ACTION IN ACCORDANCE WITH THE 16 DISTRICT'S CODE OF CONDUCT ADOPTED PURSUANT TO SECTION TWENTY-EIGHT 17 HUNDRED ONE OF THIS ARTICLE AND THE DISCIPLINE PROCEDURES APPLICABLE TO 18 STUDENTS OR EMPLOYEES OF THE PUBLIC SCHOOL. ANY PERSON FOUND TO BE IN 19 VIOLATION OF SUBDIVISION TWO OF THIS SECTION IN A PUBLICLY FUNDED 20 SPECIAL EDUCATION PROGRAM SHALL BE SUBJECT TO DISCIPLINE UNDER THE POLI- 21 CIES AND PROCEDURES OF SUCH PROGRAM GOVERNING STUDENT CONDUCT OR EMPLOY- 22 EE DISCIPLINE. 23 B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE A PRIVATE 24 CAUSE OF ACTION. 25 4. NOTHING IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO 26 PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL 27 THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO PRECLUDE OR LIMIT, 28 ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL 29 ORDINANCE, LAW, RULE OR REGULATION. 30 5. A PLAIN-LANGUAGE, AGE-APPROPRIATE DESCRIPTION OF THE POLICIES 31 OUTLINED IN SUBDIVISION TWO OF THIS SECTION SHALL BE DISTRIBUTED TO 32 EMPLOYEES, STUDENTS AND PARENTS OF EACH PUBLIC SCHOOL OR PUBLICLY-FUNDED 33 SPECIAL EDUCATION PROGRAM ON AT LEAST AN ANNUAL BASIS. IN THE CASE OF 34 PUBLIC SCHOOLS, SUCH REQUIREMENT SHALL BE MET BY INCLUDING SUCH 35 DESCRIPTION IN THE SUMMARY OF THE CODE OF CONDUCT PROVIDED TO EACH 36 STUDENT AND MAILED TO PARENTS PURSUANT TO SUBDIVISION FOUR OF SECTION 37 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE. 38 6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT 39 OF COMPETENT JURISDICTION DECLARES ANY PHRASE, CLAUSE, SENTENCE OR 40 PROVISION OF THIS ARTICLE TO BE INVALID, OR ITS APPLICABILITY TO ANY 41 GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE, IS DECLARED INVALID, THE 42 REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLICABILITY SHALL NOT BE 43 AFFECTED. 44 S 12. The education law is amended by adding a new section 2803-a to 45 read as follows: 46 S 2803-A. HARASSMENT, INTIMIDATION AND BULLYING REPORTING SYSTEM. 1. 47 THE COMMISSIONER SHALL ESTABLISH A REPORTING SYSTEM TO REPORT INCIDENTS 48 OF HARASSMENT, INTIMIDATION AND BULLYING INVOLVING STUDENTS. 49 2. EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND 50 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD SHALL SUBMIT TO THE 51 DEPARTMENT, AT A PUBLIC HEARING HELD EVERY SIX MONTHS, A REPORT CARD 52 WHICH INCLUDES DATA IDENTIFYING THE NUMBER AND NATURE OF ALL REPORTS OF 53 HARASSMENT, INTIMIDATION OR BULLYING INVOLVING STUDENTS. 54 3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO IMPLE- 55 MENT A PROGRAM TO GRADE SCHOOLS FOR THE PURPOSE OF ASSESSING THEIR 56 EFFORTS TO IDENTIFY HARASSMENT, INTIMIDATION OR BULLYING. A. 3146 9 1 4. SUCH REPORT CARD SHALL BE USED BY THE DEPARTMENT, TO GRADE SCHOOLS 2 AND DISTRICTS IN THEIR EFFORTS TO IDENTIFY HARASSMENT, INTIMIDATION OR 3 BULLYING. 4 5. THE GRADE RECEIVED BY THE SCHOOL AND THE DISTRICT SHALL BE POSTED 5 ON THE HOMEPAGE OF THE SCHOOL'S WEBSITE. THE GRADE FOR THE DISTRICT AND 6 EACH SCHOOL OF THE DISTRICT SHALL BE POSTED ON THE HOMEPAGE OF THE 7 DISTRICT'S WEBSITE. A LINK TO THE REPORT SHALL BE AVAILABLE ON THE 8 DISTRICT'S WEBSITE. SUCH GRADES SHALL BE POSTED WITHIN TEN DAYS OF THE 9 RECEIPT OF THE GRADE BY THE SCHOOL AND DISTRICT. 10 S 13. Section 3004 of the education law is amended by adding a new 11 subdivision 7 to read as follows: 12 7. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL 13 PERSONS APPLYING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR A 14 CERTIFICATE OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, PUPIL 15 PERSONNEL SERVICE PROFESSIONAL, SCHOOL ADMINISTRATOR OR SUPERVISOR OR 16 SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO ALL THE OTHER CERTIF- 17 ICATION OR LICENSING REQUIREMENTS, HAVE COMPLETED INSTRUCTION OR TRAIN- 18 ING IN SUICIDE PREVENTION WHICH SHALL INCLUDE INFORMATION ON THE 19 RELATIONSHIP BETWEEN THE RISK OF SUICIDE AND INCIDENTS OF HARASSMENT, 20 INTIMIDATION, AND BULLYING AND INFORMATION ON REDUCING THE RISK OF 21 SUICIDE IN STUDENTS WHO ARE MEMBERS OF COMMUNITIES IDENTIFIED AS HAVING 22 MEMBERS AT HIGH RISK OF SUICIDE. SUCH INSTRUCTION OR TRAINING SHALL BE 23 OBTAINED FROM AN INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE 24 DEPARTMENT TO PROVIDE SUCH INSTRUCTION OR TRAINING. SUCH REGULATIONS 25 SHALL ALSO REQUIRE THAT SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE 26 EDUCATIONAL SERVICES INCLUDE TRAINING FOR TEACHERS AND OTHER CERTIFIED 27 OR LICENSED EMPLOYEES IN IDENTIFYING STUDENTS AT RISK OF SUICIDE. 28 S 14. Section 3028-c of the education law, as added by chapter 181 of 29 the laws of 2000, is amended to read as follows: 30 S 3028-c. Protection of school employees who report acts of BULLYING 31 OR violence and weapons possession. Any school employee having reason- 32 able cause to suspect that a person has committed an act of BULLYING AS 33 SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAP- 34 TER OR violence while in or on school property, or having reasonable 35 cause to suspect that a person has committed an act of BULLYING AS SUCH 36 TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR 37 violence upon a student, school employee or volunteer either upon school 38 grounds or elsewhere, or having reasonable cause to suspect that a 39 person has brought a gun, knife, bomb or other instrument capable of or 40 that appears capable of causing death or physical injury upon school 41 grounds who in good faith reports such information to school officials, 42 to the commissioner, or to law enforcement authorities, shall have immu- 43 nity from any civil liability that may arise from the making of such 44 report, and no school district or school district employee shall take, 45 request or cause a retaliatory action against any such employee who 46 makes such report. 47 S 15. Paragraph a of subdivision 2-a of section 3214 of the education 48 law, as added by chapter 181 of the laws of 2000, is amended to read as 49 follows: 50 a. Violent pupil. For the purposes of this section, a violent pupil is 51 an elementary or secondary student under twenty-one years of age who: 52 (1) commits an act of violence upon a teacher, administrator or other 53 school employee; 54 (2) commits, while on school district property, an act of violence 55 upon another student or any other person lawfully upon said property; A. 3146 10 1 (3) possesses, while on school district property, a gun, knife, 2 explosive or incendiary bomb, or other dangerous instrument capable of 3 causing physical injury or death; 4 (4) displays, while on school district property, what appears to be a 5 gun, knife, explosive or incendiary bomb or other dangerous instrument 6 capable of causing death or physical injury; 7 (5) threatens, while on school district property, to use any instru- 8 ment that appears capable of causing physical injury or death; 9 (6) knowingly and intentionally damages or destroys the personal prop- 10 erty of a teacher, administrator, other school district employee or any 11 person lawfully upon school district property; [or] 12 (7) knowingly and intentionally damages or destroys school district 13 property; OR 14 (8) HARASSES, INTIMIDATES OR BULLIES ANOTHER STUDENT, OR A TEACHER, 15 ADMINISTRATOR OR OTHER SCHOOL DISTRICT EMPLOYEE OR ANY PERSON LAWFULLY 16 UPON SCHOOL PROPERTY. 17 S 16. The education law is amended by adding new section 6305-a to 18 read as follows: 19 S 6305-A. POLICY ON THE PREVENTION OF HARASSMENT, INTIMIDATION AND 20 BULLYING. THE BOARD OF TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL 21 ADOPT RULES REQUIRING THAT EACH INSTITUTION OF THE CITY UNIVERSITY, ON 22 OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN, ADOPT AND IMPLEMENT A POLI- 23 CY ON THE PREVENTION OF HARASSMENT, INTIMIDATION AND BULLYING. 24 S 17. The penal law is amended by adding a new section 240.33 to read 25 as follows: 26 S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL. 27 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL 28 PERSONNEL WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE 29 OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR 30 OTHER STAFF MEMBER OF A PUBLIC OR PRIVATE ELEMENTARY, INTERMEDIATE, 31 JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR 32 HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER, ADMIN- 33 ISTRATOR OR OTHER STAFF MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON 34 SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE 35 EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS 36 EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT. 37 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL IS A CLASS B 38 MISDEMEANOR. 39 S 18. The penal law is amended by adding a new section 240.34 to read 40 as follows: 41 S 240.34 BIAS INTIMIDATION. 42 1. A PERSON IS GUILTY OF THE CRIME OF BIAS INTIMIDATION IF HE OR SHE 43 COMMITS, ATTEMPTS TO COMMIT, CONSPIRES WITH ANOTHER TO COMMIT, OR 44 THREATENS THE IMMEDIATE COMMISSION OF AN OFFENSE SPECIFIED IN TITLES H 45 AND I, ARTICLES ONE HUNDRED FORTY, ONE HUNDRED FORTY-FIVE, ONE HUNDRED 46 FIFTY, ONE HUNDRED SIXTY, TWO HUNDRED FORTY-FIVE AND TWO HUNDRED SIXTY- 47 THREE, AND SECTIONS 230.34, 240.25, 240.26, 240.30, 240.31, 265.01, 48 265.02, 265.03, 265.04, 265.05, 265.06, 265.08, 265.09 AND 265.35 OF 49 THIS CHAPTER: 50 (A) WITH A PURPOSE TO INTIMIDATE AN INDIVIDUAL OR GROUP OF INDIVIDUALS 51 BECAUSE OF RACE, COLOR, RELIGION, GENDER, DISABILITY, SEXUAL ORIEN- 52 TATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN, OR ETHNICITY; OR 53 (B) KNOWING THAT THE CONDUCT CONSTITUTING THE OFFENSE WOULD CAUSE AN 54 INDIVIDUAL OR GROUP OF INDIVIDUALS TO BE INTIMIDATED BECAUSE OF RACE, 55 COLOR, RELIGION, GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY 56 OR EXPRESSION, NATIONAL ORIGIN, OR ETHNICITY; OR A. 3146 11 1 (C) UNDER CIRCUMSTANCES THAT CAUSED ANY VICTIM OF THE UNDERLYING 2 OFFENSE TO BE INTIMIDATED AND THE VICTIM, CONSIDERING THE MANNER IN 3 WHICH THE OFFENSE WAS COMMITTED, REASONABLY BELIEVED EITHER THAT (I) THE 4 OFFENSE WAS COMMITTED WITH A PURPOSE TO INTIMIDATE THE VICTIM OR ANY 5 PERSON OR ENTITY IN WHOSE WELFARE THE VICTIM IS INTERESTED BECAUSE OF 6 RACE, COLOR, RELIGION, GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER 7 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, OR ETHNICITY, OR (II) THE 8 VICTIM OR THE VICTIM'S PROPERTY WAS SELECTED TO BE THE TARGET OF THE 9 OFFENSE BECAUSE OF THE VICTIM'S RACE, COLOR, RELIGION, GENDER, DISABILI- 10 TY, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN, 11 OR ETHNICITY. 12 2. PROOF THAT THE TARGET OF THE UNDERLYING OFFENSE WAS SELECTED BY THE 13 DEFENDANT, OR BY ANOTHER ACTING IN CONCERT WITH THE DEFENDANT, BECAUSE 14 OF RACE, COLOR, RELIGION, GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER 15 IDENTITY OR EXPRESSION, NATIONAL ORIGIN, OR ETHNICITY SHALL GIVE RISE TO 16 A PERMISSIVE INFERENCE BY THE TRIER OF FACT THAT THE DEFENDANT ACTED 17 WITH A PURPOSE TO INTIMIDATE AN INDIVIDUAL OR GROUP OF INDIVIDUALS 18 BECAUSE OF RACE, COLOR, RELIGION, GENDER, DISABILITY, SEXUAL ORIEN- 19 TATION, GENDER IDENTITY OR EXPRESSION, NATIONAL ORIGIN, OR ETHNICITY. 20 3. IT SHALL NOT BE A DEFENSE TO A PROSECUTION FOR A CRIME UNDER THIS 21 SECTION THAT THE DEFENDANT WAS MISTAKEN AS TO THE RACE, COLOR, RELIGION, 22 GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, 23 NATIONAL ORIGIN, OR ETHNICITY OF THE VICTIM. 24 4. A PERSON WHO VIOLATES THIS SECTION SHALL BE GUILTY OF: 25 (A) A CLASS A-I FELONY WHEN THE MOST SERIOUS UNDERLYING OFFENSE IS A 26 CLASS A-II FELONY; 27 (B) A CLASS A-II FELONY WHEN THE MOST SERIOUS UNDERLYING OFFENSE IS A 28 CLASS B FELONY; 29 (C) A CLASS B FELONY WHEN THE MOST SERIOUS UNDERLYING OFFENSE IS A 30 CLASS C FELONY; 31 (D) A CLASS C FELONY WHEN THE MOST SERIOUS UNDERLYING OFFENSE IS A 32 CLASS D FELONY; 33 (E) A CLASS E FELONY WHEN THE MOST SERIOUS UNDERLYING OFFENSE IS A 34 CLASS B MISDEMEANOR; AND 35 (F) A CLASS A MISDEMEANOR WHEN THE MOST SERIOUS OFFENSE IS A 36 VIOLATION. 37 S 19. The penal law is amended by adding a new section 70.31 to read 38 as follows: 39 S 70.31 ADDITIONAL PENALTIES FOR BIAS INTIMIDATION. 40 1. IN ADDITION TO ANY FINE OR TERM OF IMPRISONMENT IMPOSED, A COURT 41 MAY ORDER A PERSON CONVICTED OF BIAS INTIMIDATION PURSUANT TO SECTION 42 240.34 OF THIS CHAPTER, TO ONE OR MORE OF THE FOLLOWING: 43 (A) COMPLETE A CLASS OR PROGRAM ON SENSITIVITY TO DIVERSE COMMUNITIES, 44 OR OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS; 45 (B) COMPLETE A COUNSELING PROGRAM INTENDED TO REDUCE THE TENDENCY 46 TOWARD VIOLENT AND ANTISOCIAL BEHAVIOR; AND 47 (C) MAKE PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM 48 OR LOCAL AGENCY THAT PROVIDES SERVICES TO VICTIMS OF BIAS INTIMIDATION. 49 2. AS USED IN THIS SECTION "GENDER IDENTITY OR EXPRESSION" MEANS 50 HAVING OR BEING PERCEIVED AS HAVING A GENDER RELATED IDENTITY OR 51 EXPRESSION WHETHER OR NOT STEREOTYPICALLY ASSOCIATED WITH A PERSON'S 52 ASSIGNED SEX AT BIRTH. 53 S 20. The executive law is amended by adding a new section 168-b to 54 read as follows: 55 S 168-B. DESIGNATION OF WEEKS OF COMMEMORATION. 1. A WEEK OF COMMEM- 56 ORATION IS A CALENDAR WEEK SO DESIGNATED BY THIS SECTION OR A CALENDAR A. 3146 12 1 WEEK IN ANY ONE YEAR SO DESIGNATED BY A PROCLAMATION OF THE GOVERNOR OR 2 RESOLUTION OF THE SENATE AND ASSEMBLY JOINTLY ADOPTED. 3 2. A WEEK OF COMMEMORATION SHALL NOT CONSTITUTE A HOLIDAY OR HALF-HO- 4 LIDAY BUT SHALL BE A WEEK SET ASIDE IN RECOGNITION AND SPECIAL HONOR OF 5 A PERSON, PERSONS, GROUP IDEAL OR GOAL. 6 3. THE FOLLOWING WEEK SHALL BE A WEEK OF COMMEMORATION IN EACH YEAR: 7 THE WEEK BEGINNING WITH THE FIRST MONDAY IN OCTOBER, TO BE KNOWN AS 8 "WEEK OF RESPECT". 9 S 21. The state finance law is amended by adding a new section 98-d to 10 read as follows: 11 S 98-D. BULLYING PREVENTION FUND. 1. THERE IS HEREBY ESTABLISHED IN 12 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA- 13 TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "BULLYING PREVENTION 14 FUND". 15 2. SUCH FUND SHALL CONSIST OF ALL OTHER MONEYS APPROPRIATED, CREDITED 16 OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 17 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, 18 SHALL BE EXPENDED ONLY THROUGH FUND GRANTS TO SCHOOL DISTRICTS TO 19 PROVIDE TRAINING ON HARASSMENT, INTIMIDATION AND BULLYING PREVENTION AND 20 DEVELOPMENT OR OTHER EFFECTIVE MEANS TO CREATE A POSITIVE SCHOOL 21 CLIMATE. MONEYS FOR SUCH PURPOSES SHALL BE USED TO THE EXTENT THAT THEY 22 ARE AVAILABLE WITHIN THE FUND. 23 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT 24 OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE 25 COMMISSIONER OF EDUCATION. AT THE END OF EACH YEAR, ANY MONEYS REMAINING 26 IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE 27 GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER 28 DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND. 29 S 22. 1. A temporary state commission, to be known as the "New York 30 state commission on bullying in schools", is hereby created to study the 31 issue of school harassment, intimidation and bullying and to make recom- 32 mendations on how to reduce these activities in our schools. 33 2. The commission shall consist of nine members to be appointed as 34 follows: three members shall be appointed by the governor and shall 35 include, at a minimum, the commissioner of education, and the commis- 36 sioner of the office of children and family services, four members, with 37 two appointments by the temporary present of the senate and two by the 38 speaker of the assembly, shall be mental health professionals, child 39 advocacy organizations and/or academic professionals with experience in 40 treating victims of harassment, intimidation and bullying and suicide 41 prevention, one member shall be appointed by the minority leader of the 42 senate; and one member shall be appointed by the minority leader of the 43 assembly. Any vacancy on such commission shall be filled in the same 44 manner as the original appointment was made. A chairperson and vice- 45 chairperson of such commission shall be elected by the majority of its 46 members, all members being present. 47 3. The members of the commission shall receive no compensation for 48 their services, but shall be allowed their actual and necessary expenses 49 incurred in the performance of their duties pursuant to this act. 50 4. The commission shall make a report of its findings and make any 51 recommendations it may deem necessary and appropriate to the governor, 52 the temporary president of the senate and the speaker of the assembly no 53 later than one year after the effective date of this act. 54 S 23. This act shall take effect immediately, provided however that: 55 a. sections three, four, six, seven, eight, nine, ten, eleven, twelve, 56 thirteen, fourteen, fifteen and sixteen of this act shall take effect on A. 3146 13 1 the first of July next succeeding the date on which it shall have become 2 a law; provided, however, that if chapter 102 of the laws of 2012 shall 3 not have taken effect on or before such date then section five of this 4 act shall take effect on the same date and in the same manner as such 5 chapter of the laws of 2012 takes effect; 6 b. sections seventeen, eighteen and nineteen of this act shall take 7 effect on the first of November next succeeding the date on which it 8 shall have become a law; 9 c. section twenty-two of this act shall take effect on the ninetieth 10 day after it shall have become a law and shall expire July 1, 2016, when 11 upon such date the provisions of such section shall be deemed repealed; 12 and 13 d. effective immediately, the addition, amendment and/or repeal of any 14 rule or regulation necessary for the implementation of this act on its 15 effective date are authorized and directed to be made and completed on 16 or before such date.