“Harassment or bullying” means the creation of a hostile environment by conduct or by [verbal] threats, intimidation or abuse, including cyberbullying as defined in Education Law section 11(8), that either:
(a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional [or] and/or physical well-being [; or] including conduct , [verbal] threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause emotional harm; or
(b) reasonably causes or would reasonably be expected to cause physical injury to a student or to cause a student to fear for his or her physical safety [; such conduct verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse]
(c) Such definition shall include acts of harassment or bullying that occur: (i) on school property, as defined in section 100.2(kk)(1)(i) of this Part; and/or (ii) at a school function, as defined in section 100.2(kk)(1) of this Part; or (iii) off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.
(d) For purposes of this subdivision, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions. Acts of harassment or bullying shall include, but not be limited to, acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex.
(e) “Emotional harm” that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.
Elem. School DASA Coordinator