July 11, 2012 New Legislation Amending the Dignity for All Students Act to Include Cyberbullying
KEEPING YOU INFORMED…
On July 9, 2012, Governor Cuomo signed legislation which expands the scope of the Dignity for All Students Act by requiring schools to take action when students experience cyberbullying. The new law goes into effect on July 1, 2013. School district and BOCES policies, procedures and codes of conduct should be reviewed to ensure that they are in full compliance on or before the effective date. This legislation contains the following requirements.
Requires Schools to Act When Cyberbullying Occurs On or Off Campus
The new law requires that schools act in cases of cyberbullying, which may occur on or off campus, when it creates or would create a substantial risk to the school environment, substantially interferes with a student’s educational performance or mental, emotional or physical well-being, or causes a student to fear for his or her physical safety.
Requires that Proper Protocols Are in Place to Deal with Cyberbullying
The law requires schools to put in place protocols to deal with cyberbullying, harassment, bullying and discrimination, including assignment of a school official to receive and investigate reports; prompt reporting and investigation; responsive actions to prevent recurrence of any verified bullying; coordination with law enforcement when appropriate; development of a bullying prevention strategy; and notice to all school community members of the school’s policies.
Sets Training Requirements For School Employees to Help Identify and Prevent Cyberbullying
The law sets training requirements for current school employees, as well as for new teachers and administrators applying for a certificate or license, on the identification and mitigation of harassment, bullying, cyberbullying and discrimination.
Please contact us if you have any questions about this new law or anything else relevant to this Memorandum.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP, 2012