2012 Conference Executive Record Report.pdf - YMCA of Greater ...

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STATE OF NEW YORK
YMCA YOUTH AND GOVERNMENT
BILL NUMBER AL - 26
INTRODUCED BY: Chelsea Smart, Ashley Enright, Francine Gangone, Spela Sulga
AN ACT
TO: create a database in which incidents of bullying are mandated to be recorded, and to establish a plan to terminate the
problem of bullying.
The People of the State of New York, represented in the
Senate and Assembly, do enact as follows:
Purpose
This piece of legislation will establish a database, in which, school officials will be mandated to record reported incidents
of bullying involving students within their school districts. Each case will be defined based on the levels of frequency and
severity of the behavior provided. Then, bullies involved in the incident will be required to attend sessions with a school
social worker to provide bullies with the help they need to terminate the behavior.
Summary of Provisions
Section 1: Definitions
Level I Bullying: A first time offender who intentionally harasses another by following them, engaging in a course of
conduct, or by committing acts which places a person in reasonable fear of physical or mental harm. This must be
reported incident within the New York State school districts only.
Level II Bullying: A bully who has been found bullying more than one time, by intentionally harassing another by
following them, engaging in a course of conduct, or by committing acts which places a person in reasonable fear of
physical or mental harm. This can be in person bullying reported by a school official into the database, cyber bullying
reported by police into the database, or a combination thereof.
Level III Bullying: A child who has been reported for bullying more than once and more severe, causing the victim
serious mental or physical injury. The bully must intentionally harass another by following them, engaging in a course of
conduct, or by committing acts which places a person in reasonable fear of physical or mental injury. This can be in
person bullying reported by a school official into the database, cyber bullying reported by police into the database, or a
combination thereof.
School Official: For purposes of this bill, a school official is defined as a staff member with disciplinary responsibilities
such as, a principle, assistant principle or dean within New York State school districts.
Cyber Bulling: Intentionally harassing a person by following them, or by committing acts which places a person in
reasonable fear of physical or mental harm through technology.
Section 2: Provisions
(1) All New York State schools are required to form a database in which they are mandated to record reported incidents
of bullying. Incident reports must include names of those involved in the situation, objective facts on what occurred, a
rationally based conclusion on why the incident happened and the situation’s effect on the victim. This information’s
access will be limited to school officials within the district only.
(2) Police are mandated to report incident of cyber bullying into the student’s school district’s database.
(3) The school district can view what police enter about students within their school districts only, but the police do not
have access what the school has entered. A minor’s record shall be terminated upon their graduation from the school
district.
(4) All New York State schools are required to define the level of bullying, based on the provided definitions, and follow
an action plan to provide a permanent solution to the problem. The plans of action are as follows: a bullying defined
under Level I is required to attend three mandatory thirty minute secessions with a school social worker, already
mandated by law, over a thirty day period of time: Level II offenders are required to attend six mandatory thirty minute
secessions with a school social worker over a sixty day period; and Level III bullies are required to attend nine thirty
minute secessions with a school social worker over ninety days.
(5) If a student refuses to go to the social worker sessions to correct the bullying behavior problem, the school has the
discretion to take disciplinary actions to follow. The State mandates the minimal action is an extra social worker session.
Justifications
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Bullying and Cyber Bullying is a rapidly increasing problem in New York State. Though legislation has been passed to
protect children from this violent epidemic, it has largely been unsuccessful because efforts solely attempt to help the
victim. This bill will target bullying at the roots of the problem: the bully. Instead of schools simply punishing the bully
through means such as suspension, this bill ensures that the perpetrator receives the help that they need to terminate their
behavior. Thus, this bill shall end the cycle of bullying and provide a permanent solution to the victim and to the bully.
Fiscal Implications
Considering New York State already mandates social workers are employed in every school district based upon
population, and the State mandates police officers report cyber bullying cases (this bill will only mandate the specific
database it is entered into) it will not burden the state with any further fiscal implications.
Effective Date
This piece of legislation will go into effect six months after its passage.