Requires that school anti-harassment policies are enforced in compliance with the regulations of the chancellor of the New York city department of education.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1239
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to requiring that school anti-harassment policies are enforced
in compliance with the regulations of the chancellor of the New York
city department of education
 
PURPOSE:
This bill affords all students an environment free of any harassment
that substantially interferes with their education, regardless of the
basis of the harassment, and free of discrimination based on actual or
perceived race, color, physical characteristic, medical condition,
economic circumstance, school performance, national origin, ethnic
group, religion, disability, sexual orientation, gender, or sex.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Paragraph 3 of subdivision c of section 10-137 of the
administrative code of the city of New York, as added by local law
number 42 of the city of New York for the year 2004.
Section two sets forth the effective date.
 
JUSTIFICATION:
In 2004 the New York City Council enacted Local Law 42 in relation to
prohibiting acts of harassment at schools similar to the statewide
Dignity for All Students Act which is currently pending in the State
legislature. On September 3, 2008 the New York City Department of Educa-
tion issued regulation A-832 to assist in the compliance of Local Law
42. The regulation outlines procedures for the reporting and investi-
gation of bias and harassment in New York City Schools.
On July 1, 2009 the New York Daily News reported the Department of
Education has not implemented the regulations. Both the Sikh Coalition
and the NYCLU have issued reports outlining the problem. The continues
to be continued harassment of students based on religion, gender identi-
ty, language ability, sexual orientation and many other forms.
One report surveyed 1,100 students and teachers and found a quarter of
students were victims of bias-based harassment and many were unaware of
reporting procedures. Department of Education surveys filled out by
400,000 students showed that 74 percent students in 2008 and 71 percent
in 2009 reported bullying in schools. This legislation will ensure that
the New York City Department of Education follows its own guidelines.
 
LEGISLATIVE HISTORY:
2021-22: A.2309 - Referred to Education
2019-20: A.742 - Referred to Education
2017-18: A.4089 - Referred to Education
2015-16: A.826 - Referred to Education
2013-14: A.267 - Referred to Education
2011-12: A.1452 - Referred to Education
STATE OF NEW YORK
________________________________________________________________________
1239
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Education
AN ACT to amend the administrative code of the city of New York, in
relation to requiring that school anti-harassment policies are
enforced in compliance with the regulations of the chancellor of the
New York city department of education
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision c of section 10-137 of the
2 administrative code of the city of New York, as added by local law
3 number 42 of the city of New York for the year 2004, is amended to read
4 as follows:
5 3. The chancellor of the city public school system shall appoint the
6 principal of each school as the person responsible for ensuring the
7 dissemination of the anti-harassment policies and guidelines to all
8 staff of each school, all school safety officers, all members of the
9 school safety committee, and to all students and their parents or guard-
10 ians, and for providing training to pedagogical staff and school safety
11 officers. Such principal shall also ensure that the name and contact
12 information of a school employee who can provide copies of such policies
13 and guidelines is made available to all students, parents, guardians,
14 staff and to the school safety committee. Such principal shall oversee
15 enforcement of the anti-harassment policies and guidelines so as to
16 assure compliance with the regulations promulgated by the chancellor of
17 the New York city department of education, including regulation A-832.
18 Such principal may designate a subordinate to assume the responsibil-
19 ities required by this paragraph.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00954-01-3