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New York Anti-Bullying Laws & Policies

What term is used in the New York anti-bullying laws?

Bullying, harassment, or discrimination.

Do these laws cover cyberbullying?

Yes.  

What groups are listed under New York state law?

The following groups are listed under New York law, although not limited to behavior based on characteristics (actual or perceived):

Race
Color
Weight
National origin
Ethnic group
Religion or religious practice
Disability
Sexual orientation
Gender or sex
Schools that receive federal funding are required by federal law to address discrimination on a number of different personal characteristics. Find out when bullying may be a civil rights violation.

Is there a state model policy I can use to create anti-bullying policies at my school or district?

A state model policy is available at the New York Education Department.

Which of the key components can be found in New York anti-bullying laws and policies?

Key Components
Present in New York State Laws
Present in New York Model Policy
DEFINITIONS
Purpose
YES
NO
Scope
YES
YES
Prohibited Behavior
YES
YES
Enumerated Groups
YES
YES
DISTRICT POLICY REVIEW & DEVELOPMENT
District Policy
YES
N/A
District Policy Review
NO
N/A
DISTRICT POLICY COMPONENTS
Definitions
YES
N/A
Reporting
YES
YES
Investigations
YES
YES
Written Records
YES
YES
Consequences
YES
YES
Mental Health
YES
YES
ADDITIONAL COMPONENTS
Communications
YES
YES
Training/Prevention
YES
YES
Transparency/Monitoring
YES
YES
Legal Remedies
YES
NO
NOTE: Click on the Key Components links to get more information about that component.

What are the New York state laws that cover bullying?

New York Law Article No. 55, §2801-a – School safety plans
New York Education Law §10 – Legislative intent
New York Education Law §11 – Definitions
New York Education Law §12 – Discrimination and harassment prohibited New York Education Law §13 – Policies and guidelines
New York Education Law §13 – Policies and guidelines
New York Education Law §14 – Commissioner’s responsibilities
New York Education Law §15 – Reporting by commissioner
New York Education Law §16 – Protection of people who report discrimination or harassment
New York Education Law §17 – Application
New York Education Law §18 – Severability and construction
New York Education Law §814 – Courses of study in internet safety
New York Penal Law §240.30 – Aggravated harassment in the second degree
S7740-2011  was signed into law in July 2012 that additionally amends the above.

For More Information

See “Respect for All” by the New York Department of Education.
Information for this page was developed from “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).

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Enumeration of Specific Characteristics

Explains that bullying may include, but is not limited to, acts based on actual or perceived characteristics of students who have historically been targets of bullying, and provides examples of such characteristics.
Makes clear that bullying does not have to be based on any particular characteristic.
Examples Enumeration of Specific Characteristics

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Components of LEA Policies

A. Definitions

Includes a definition of bullying consistent with the definitions specified in state law.

Example Components of LEA Policies: Definitions

Oregon: Or. Rev. Stat. § 339.356.2 (2009): "School districts must include in the policy...(b) Definitions of "harassment," "intimidation," or "bullying," and of "cyberbullying" that are consistent with [this statute]."

For additional examples regarding definitions in LEA policies, see: Delaware Del. Code Ann. Tit. 14, § 4112D.b (2010); Fla. Stat. Ann. 1006.147 (2010); Iowa Code 280.28.3 (200; Md. Code Ann., Educ. § 7-424.1 (2010); N.J. Stat. Ann. § 18A 37.15.b.2 (2010); N.C. Gen. Stat.§ 115C-407.16.b.2 (2010); S.C. Code Ann. § 59-63-140 (2010).

B. Report Bullying

Includes a procedure for students, students’ families, staff, and others to report incidents of bullying, including a process to submit such information anonymously and with protection from retaliation. The procedure identifies and provides contact information for the appropriate school personnel responsible for receiving the report and investigating the incident.
Requires that school personnel report, in a timely and responsive manner, incidents of bullying they witness or are aware of to a designated official.
Example Components of LEA Policies: Reporting Bullying

Georgia: GA. Code Ann. § 20-2-751.4(c) (2010): "Such ... policy shall include: ... (5) A procedure for a teacher or other school employee, student, parent, guardian, or other person who has control or charge of a student, either anonymously or in such person's name, at such person’s option, to report or otherwise provide information on bullying activity; (6) A statement prohibiting retaliation following a report of bullying...."

For additional examples regarding requirements procedures for reporting bullying, see: Ariz. Rev. Stat. § 14-341 (2010); Fla. Stat. Ann. § 1006.147 (2010); Iowa Code § 280.28.3.c (200; Md. Code Ann., Educ. § 7-424 (2010); Or. Rev. Stat. § 339.356.2.g (2009); S.C. Code Ann. § 59-63-140 (2010).

Wisconsin: Wis. Stat. § 118.46.1(a) (2009): "The [policy on bullying] shall include all of the following: ...(6) A requirement that school district officials and employees report incidents of bullying and identify the persons to whom the reports must be made."

For additional examples regarding requirements for reporting of school staff, see: Alaska Stat. § 14.33.220 (2010); GA. Code Ann. § 20-2-751.4.c.2 (2010); W. Va. Code Ann. §18-2C-3.4 (2009).

C. Investigating and Responding to Bullying  

Includes a procedure for promptly investigating and responding to any report of an incident of bullying, including immediate intervention strategies for protecting the victim from additional bullying or retaliation, and includes notification to parents of the victim, or reported victim, of bullying and the parents of the alleged perpetrator, and, if appropriate, notification to law enforcement officials.

Example Components of LEA Policies: Investigating and Responding to Bullying

Massachusetts: 2010 Mass. Adv. Legis. Serv. Ch. No. 71.37O(g) (2010): "...Upon receipt of such a report, the school principal or a designee shall promptly conduct an investigation. If the school principal or a designee determines that bullying or retaliation has occurred, the school principal or designee shall (i) notify the local law enforcement agency if the school principal or designee believes that criminal charges may be pursued against a perpetrator; (ii) take appropriate disciplinary action; (iii) notify the parents or guardians of a perpetrator; and (iv) notify the parents or guardians of the victim, and to the extent consistent with state and federal law, notify them of the action taken to prevent any further acts of bullying or retaliation."

The Family Educational Rights and Privacy Act (FERPA) contains provisions restricting release of information pertaining to disciplinary actions taken against students. State and local officials are encouraged to seek guidance to make sure any policies comply with these provisions.

For additional examples regarding requirements for investigating and responding to bullying, see: GA. Code Ann. § 20-2-751.4.c.3 (2010); Iowa Cod § 280.28.3.f (200; Or. Rev. Stat. § 339.356.2.h (2009).

D. Written Records

Includes a procedure for maintaining written records of all incidents of bullying and their resolution.

Example Components of LEA Policies: Written Records

California: Cal. Educ. Code § 234.1 (2010): "The department shall assess whether local educational agencies have done all of the following: . . . (e) Maintained documentation of complaints and their resolution for a minimum of one review cycle."

FERPA contains provisions regarding the appropriate safeguarding of privacy in educational records. State and local officials are encouraged to seek guidance to make sure any policies comply with these provisions.

For additional examples on requirements for maintaining written records, see: Md. Code Ann., Educ. § 7-424 (2010).

E. Sanctions

Includes a detailed description of a graduated range of consequences and sanctions for bullying.

Example Components of LEA Policies: Sanctions

Alabama: Ala. Code § 16.28B.5 (2010): "The model policy, at a minimum, shall contain all of the following components: . . . [4] A series of graduated consequences for any student who commits an act of intimidation, harassment, violence or threats of violence. Punishment shall conform with applicable federal and state disability, antidiscrimination, and education laws and school discipline policies."

The Individuals with Disabilities Education Act contains provisions related to the use of disciplinary measures with students with disabilities. State and local officials are encouraged to seek guidance to make sure any policies comply with these provisions.

For additional examples regarding sanctions, see: Connecticut Gen. Stat. Ann § 10-222d; Massachusetts St. 2010, c.92; New Mexico NIMAC § 6.12.7; Okla. Stat. Ann. Tit. 70, § 24-100.4 (2009).

F. Referrals

Includes a procedure for referring the victim, perpetrator and others to counseling and mental and other health services, as appropriate.

Example Components of LEA Policies: Referrals

Maryland: Md. Code. Ann., Educ. § 7-424.1.b (2010): "[2] The model policy...shall include: ... (viii) Information about the types of support services available to the student bully, victim, and any bystanders...."

For additional examples regarding referrals, see: Fla. Stat. Ann. § 1006.147 (2010); Okla. Stat. Ann. Tit. 70, § 24-100.4 (2009).

Review of Local Policies

Includes a provision for the state to review local policies on a regular basis to ensure the goals of the state statute are met.

Example Review of Local Policies

Illinois: 105 Ill. Comp. Stat. Ann. 5/27-23.7(d) (2010): "The policy must be updated every 2 years and filed with the State Board of Education after being updated. The State Board of Education shall monitor the implementation of policies created under [this subsection of the statute]."

For additional examples regarding review of policies, see: 24 Pa. Cons. Stat. Ann. § 13-1303.1-a (2009).

Communication Plan

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Specification of Prohibited Conduct

Provides a specific definition of bullying that includes a clear definition of cyberbullying. The definition of bullying includes a non-exclusive list of specific behaviors that constitute bullying, and specifies that bullying includes intentional efforts to harm one or more individuals, may be direct or indirect, is not limited to behaviors that cause physical harm, and may be verbal (including oral and written language) or non-verbal. The definition of bullying can be easily understood and interpreted by school boards, policymakers, school administrators, school staff, students, students’ families, and the community.
Is consistent with other federal, state and local laws. (For guidance on school districts’ obligations to address bullying and harassment under federal civil rights laws, see the Dear Colleague Letter: Harassment and Bullying [PDF 295 KB], issued by the Department’s Office for Civil Rights on October 26, 2010.
Prohibited Conduct also includes:
Retaliation for asserting or alleging an act of bullying.
Perpetuating bullying or harassing conduct by spreading hurtful or demeaning material even if the material was created by another person (e.g., forwarding offensive e-mails or text messages).
Examples Specification of Prohibited Conduct

Florida: Fla. Stat. Ann. 1006.147(3) (2010): "(a) ‘Bullying’ means systematically and chronically inflicting physical hurt or psychological distress on one or more students and may involve: (1) Teasing; (2) Social exclusion; (3) Threat; (4) Intimidation; (5) Stalking; (6) Physical violence; (7) Theft; ( Sexual, religious, or racial harassment; (9) Public humiliation; or (10) Destruction of property. . . . (d) The definitions of ‘bullying’ and ‘harassment’ include: (1) Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment...[and] (2) Perpetuation of [bullying or harassing] conduct ... by an individual or group with intent to demean, dehumanize, embarrass, or cause physical harm to a student..."

Kansas: Kan. Stat. Ann. § 72-8256.C.2 (2009): "‘Cyberbullying’ means bullying by use of any electronic communication device through means including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile phones, pagers, online games and websites."

For additional examples of bullying definitions, see: Del. Code Ann. Tit. 14, § 4112D.a (2010); Kan. Stat. Ann. § 72-8256 (2009); 105 Ill. Comp. Stat. Ann. 5/27-23.7(b) (2010).

For additional examples of cyberbullying definitions, see: Iowa Code § 280.28.2 (a) (200; Md. Code Ann., Educ. § 7-424.3 (2010); 2010 Mass. Adv. Legis. Serv. Ch. No. 92-2010 (Lexis Nexis 2010); N.J. Stat. Ann. § 18A 37.14.2 (2010); Okla. Stat. Ann. Tit. 70, § 24-100.3 (2009).

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The G-23 Paxilon Hydroclorate that we added to the air processors.
It was supposed to calm the population, weed out aggression.
Well, it works.
The people here stopped fighting.
And then they stopped everything else.
They stopped going to work...
they stopped breeding, talking, eating.
There's 30 million people here, and they all just let themselves die.
Unknown
I have to be quick.
About a tenth of a percent of...
the population had the opposite reaction to the Pax.