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
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    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.