Text of NY A 6499 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 6499 2009-2010 Regular Sessions I N A S S E M B L Y March 6, 2009 ___________ Introduced by M. of A. McDONOUGH, KOLB, SALADINO -- Multi-Sponsored by -- M. of A. BUTLER, FITZPATRICK, REILICH, THIELE -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to prohibiting bullying on school property; and to amend the penal law, in relation to estab- lishing the crime of aggravated harassment of teachers and school personnel 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 "Schools as Safe Harbors 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, 10 to address concerns that harassment of pupils and school personnel 11 through acts of bullying can be both disruptive to the learning process 12 and harmful, mentally and/or physically, to intended victims, the legis- 13 lature finds that enactment of this legislation to prohibit bullying on 14 school property is necessary and appropriate to further ensure that New 15 York state's public schools be made as safe as possible. 16 S 3. Section 801-a of the education law, as added by chapter 181 of 17 the laws of 2000, is amended to read as follows: 18 S 801-a. Instruction in civility, citizenship and character education. 19 The regents shall ensure that the course of instruction in grades 20 kindergarten through twelve includes a component on civility, citizen- 21 ship and character education. Such component shall instruct students on 22 the principles of honesty, tolerance, personal responsibility, respect EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01473-01-9 A. 6499 2 1 for others, observance of laws and rules, courtesy, dignity and other 2 traits which will enhance the quality of their experiences in, and 3 contributions to, the community. SUCH COMPONENT SHALL ALSO ADDRESS 4 METHODS OF DISCOURAGING ACTS OF BULLYING, AS DEFINED IN SUBDIVISION ONE 5 OF SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER, AGAINST FELLOW 6 STUDENTS. The regents shall determine how to incorporate such component 7 in existing curricula and the commissioner shall promulgate any regu- 8 lations needed to carry out such determination of the regents. 9 S 4. Subdivision 2 of section 2801 of the education law is amended by 10 adding a new paragraph a-1 to read as follows: 11 A-1. PROVISIONS PROHIBITING BULLYING ON SCHOOL PROPERTY, INCLUDING A 12 SCHOOL FUNCTION, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE OF THIS 13 ARTICLE; 14 S 5. Subdivision 2 of section 2801 of the education law is amended by 15 adding a new paragraph f-1 to read as follows: 16 F-1. WHEN ANY SCHOOL EMPLOYEE HAVING REASONABLE CAUSE TO SUSPECT THAT 17 A STUDENT HAS COMMITTED AN ACT OF BULLYING, AS DEFINED IN SECTION TWEN- 18 TY-EIGHT HUNDRED THREE OF THIS ARTICLE, THE SCHOOL EMPLOYEE SHALL REPORT 19 SUCH INCIDENT TO THE PRINCIPAL, OR DESIGNEE THEREOF, WHO IN TURN SHALL 20 REPORT SUCH INCIDENT TO THE SUPERINTENDENT, UPON A DETERMINATION BY THE 21 PRINCIPAL, OR DESIGNEE THEREOF, THAT THERE IS A REASONABLE SUSPICION 22 THAT THE ACT OCCURRED. FAILURE OF AN EMPLOYEE TO MAKE A REPORT PURSUANT 23 TO THIS PARAGRAPH MAY NOT BE THE BASIS FOR ANY DISCIPLINARY ACTION OR 24 PROFESSIONAL MISCONDUCT CHARGE AGAINST THE EMPLOYEE; 25 S 6. The education law is amended by adding a new section 2803 to read 26 as follows: 27 S 2803. BULLYING PROHIBITED. 1. FOR PURPOSES OF THIS SECTION, THE 28 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 29 A. "PUBLIC SCHOOL" MEANS: 30 (I) A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, KINDERGARTEN OR PRE-KIN- 31 DERGARTEN PROGRAM, ADULT OR CONTINUING EDUCATION PROGRAM OR OTHER EDUCA- 32 TIONAL PROGRAM OPERATED BY A SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF 33 COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN- 34 SION BOARDS; AND 35 (II) A SCHOOL OR EDUCATIONAL PROGRAM THAT SERVES STUDENTS IN ANY OF 36 GRADES KINDERGARTEN THROUGH TWELVE AND IS OPERATED BY THE DEPARTMENT, OR 37 IS OPERATED OR SUPERVISED BY ANOTHER STATE AGENCY OR A POLITICAL SUBDI- 38 VISION AND IS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OF 39 THIS CHAPTER. 40 B. "PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM" MEANS AN APPROVED 41 PROVIDER OF SPECIAL EDUCATION PROGRAMS AND SERVICES UNDER SECTION 42 FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, AN APPROVED PRIVATE RESIDENTIAL 43 OR NON-RESIDENTIAL SCHOOL FOR THE PROVISION OF SPECIAL SERVICES OR 44 PROGRAMS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE 45 OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL SUBJECT TO THE PROVISIONS OF 46 ARTICLE EIGHTY-FIVE OF THIS CHAPTER OR ANY OTHER AGENCY OR ENTITY THAT 47 PROVIDES SPECIAL EDUCATION PROGRAMS OR SERVICES PURSUANT TO THE 48 PROVISIONS OF ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER. 49 C. "SCHOOL PROPERTY" MEANS IN OR WITHIN ANY BUILDING, STRUCTURE, 50 ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR LAND CONTAINED WITHIN 51 THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC SCHOOL OR A PUBLICLY FUNDED 52 SPECIAL EDUCATION PROGRAM; OR IN OR ON A SCHOOL BUS, AS DEFINED IN 53 SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW; AND A 54 "SCHOOL FUNCTION" MEANS A SCHOOL SPONSORED EXTRA-CURRICULAR EVENT OR 55 ACTIVITY. A. 6499 3 1 D. "BULLYING" MEANS THREATENING, STALKING OR SEEKING TO COERCE OR 2 COMPEL A PERSON TO DO SOMETHING; ENGAGING IN VERBAL OR PHYSICAL CONDUCT 3 THAT THREATENS ANOTHER WITH HARM, INCLUDING INTIMIDATION THROUGH THE USE 4 OF EPITHETS OR SLURS INVOLVING RACE, ETHNICITY, NATIONAL ORIGIN, RELI- 5 GION, RELIGIOUS PRACTICES, GENDER, SEXUAL ORIENTATION, OR DISABILITY. 6 2. NO STUDENT SHALL BE SUBJECT TO BULLYING BY ANY STUDENT OF A PUBLIC 7 SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM. 8 3. A. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF THIS 9 SECTION IN A PUBLIC SCHOOL OR ON SCHOOL PROPERTY SHALL BE SUBJECT TO 10 DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S CODE OF CONDUCT 11 ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE AND 12 THE DISCIPLINE PROCEDURES APPLICABLE TO STUDENTS OR EMPLOYEES OF THE 13 PUBLIC SCHOOL. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF 14 THIS SECTION IN A PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM SHALL BE 15 SUBJECT TO DISCIPLINE UNDER THE POLICIES AND PROCEDURES OF SUCH PROGRAM 16 GOVERNING STUDENT CONDUCT OR EMPLOYEE DISCIPLINE. 17 B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE A PRIVATE 18 CAUSE OF ACTION. 19 4. NOTHING IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO APPLY, TO 20 PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL 21 THIS SECTION PRECLUDE OR LIMIT, OR BE PERCEIVED TO PRECLUDE OR LIMIT, 22 ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL 23 ORDINANCE, LAW, RULE OR REGULATION. 24 5. A PLAIN-LANGUAGE, AGE-APPROPRIATE DESCRIPTION OF THE POLICIES 25 OUTLINED IN SUBDIVISION TWO OF THIS SECTION SHALL BE DISTRIBUTED TO 26 EMPLOYEES, STUDENTS AND PARENTS OF EACH PUBLIC SCHOOL OR PUBLICLY-FUNDED 27 SPECIAL EDUCATION PROGRAM ON AT LEAST AN ANNUAL BASIS. IN THE CASE OF 28 PUBLIC SCHOOLS, SUCH REQUIREMENT SHALL BE MET BY INCLUDING SUCH 29 DESCRIPTION IN THE SUMMARY OF THE CODE OF CONDUCT PROVIDED TO EACH 30 STUDENT AND MAILED TO PARENTS PURSUANT TO SUBDIVISION FOUR OF SECTION 31 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE. 32 6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT 33 OF COMPETENT JURISDICTION DECLARES ANY PHRASE, CLAUSE, SENTENCE OR 34 PROVISION OF THIS ARTICLE TO BE INVALID, OR ITS APPLICABILITY TO ANY 35 GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE, IS DECLARED INVALID, THE 36 REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLICABILITY SHALL NOT BE 37 AFFECTED. 38 S 7. Section 3028-c of the education law, as added by chapter 181 of 39 the laws of 2000, is amended to read as follows: 40 S 3028-c. Protection of school employees who report acts of BULLYING 41 OR violence and weapons possession. Any school employee having reason- 42 able cause to suspect that a person has committed an act of BULLYING AS 43 SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAP- 44 TER OR violence while in or on school property, or having reasonable 45 cause to suspect that a person has committed an act of BULLYING AS SUCH 46 TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR 47 violence upon a student, school employee or volunteer either upon school 48 grounds or elsewhere, or having reasonable cause to suspect that a 49 person has brought a gun, knife, bomb or other instrument capable of or 50 that appears capable of causing death or physical injury upon school 51 grounds who in good faith reports such information to school officials, 52 to the commissioner, or to law enforcement authorities, shall have immu- 53 nity from any civil liability that may arise from the making of such 54 report, and no school district or school district employee shall take, 55 request or cause a retaliatory action against any such employee who 56 makes such report. A. 6499 4 1 S 8. The penal law is amended by adding a new section 240.33 to read 2 as follows: 3 S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL. 4 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL 5 PERSONNEL WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE 6 OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR 7 OTHER STAFF MEMBER OF A PUBLIC OR PRIVATE ELEMENTARY, INTERMEDIATE, 8 JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR 9 HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER, ADMIN- 10 ISTRATOR OR OTHER STAFF MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON 11 SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE 12 EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS 13 EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT. 14 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL IS A CLASS B 15 MISDEMEANOR. 16 S 9. This act shall take effect on the first of September next 17 succeeding the date on which it shall have become a law.