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STATE OF NEW YORK ________________________________________________________________________ 3661--C Cal. No. 275 2009-2010 Regular Sessions IN ASSEMBLY January 28, 2009 ___________ Introduced by M. of A. O'DONNELL, GLICK, NOLAN, LIFTON, BENJAMIN, FIELDS, McENENY, CLARK, PAULIN, ROSENTHAL, JOHN, GALEF, HEVESI, ESPAILLAT, ENGLEBRIGHT, KAVANAGH, POWELL, N. RIVERA, LANCMAN, PERALTA, STIRPE, HOYT, DINOWITZ, JAFFEE, SCHIMEL, CAHILL, BRODSKY, TITONE -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, BING, BRENNAN, FARRELL, GIANARIS, GOTTFRIED, JACOBS, JEFFRIES, KELLNER, KOON, LATIMER, LUPAR- DO, MARKEY, MILLMAN, PEOPLES-STOKES, PERRY, PHEFFER, SWEENEY, WEISEN- BERG, WRIGHT -- read once and referred to the Committee on Education -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the education law, in relation to enacting the dignity for all students act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "dignity for all students act". 3 § 2. The education law is amended by adding a new article 2 to read as 4 follows: 5 ARTICLE 2 6 DIGNITY FOR ALL STUDENTS 7 Section 10. Legislative intent. 8 11. Definitions. 9 12. Discrimination and harassment prohibited. 10 13. Policies and guidelines. 11 14. Commissioner's responsibilities. 12 15. Reporting by commissioner. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01245-11-0A. 3661--C 2 1 16. Protection of people who report discrimination or harass- 2 ment. 3 17. Application. 4 18. Severability and construction. 5 § 10. Legislative intent. The legislature finds that students' ability 6 to learn and to meet high academic standards, and a school's ability to 7 educate its students, are compromised by incidents of discrimination or 8 harassment including bullying, taunting or intimidation. It is hereby 9 declared to be the policy of the state to afford all students in public 10 schools an environment free of discrimination and harassment. The 11 purpose of this article is to foster civility in public schools and to 12 prevent and prohibit conduct which is inconsistent with a school's 13 educational mission. 14 § 11. Definitions. For the purposes of this article, the following 15 terms shall have the following meanings: 16 1. "School property" shall mean in or within any building, structure, 17 athletic playing field, playground, parking lot, or land contained with- 18 in the real property boundary line of a public elementary or secondary 19 school; or in or on a school bus, as defined in section one hundred 20 forty-two of the vehicle and traffic law. 21 2. "School function" shall mean a school-sponsored extra-curricular 22 event or activity. 23 3. "Disability" shall mean disability as defined in subdivision twen- 24 ty-one of section two hundred ninety-two of the executive law. 25 4. "Employee" shall mean employee as defined in subdivision three of 26 section eleven hundred twenty-five of this title. 27 5. "Sexual orientation" shall mean actual or perceived heterosexuali- 28 ty, homosexuality or bisexuality. 29 6. "Gender" shall mean actual or perceived sex and shall include a 30 person's gender identity or expression. 31 7. "Harassment" shall mean the creation of a hostile environment by 32 conduct or by verbal threats, intimidation or abuse that has or would 33 have the effect of unreasonably and substantially interfering with a 34 student's educational performance, opportunities or benefits, or mental, 35 emotional or physical well-being; or conduct, verbal threats, intim- 36 idation or abuse that reasonably causes or would reasonably be expected 37 to cause a student to fear for his or her physical safety; such conduct, 38 verbal threats, intimidation or abuse includes but is not limited to 39 conduct, verbal threats, intimidation or abuse based on a person's actu- 40 al or perceived race, color, weight, national origin, ethnic group, 41 religion, religious practice, disability, sexual orientation, gender or 42 sex. 43 § 12. Discrimination and harassment prohibited. 1. No student shall 44 be subjected to harassment by employees or students on school property 45 or at a school function; nor shall any student be subjected to discrimi- 46 nation based on a person's actual or perceived race, color, weight, 47 national origin, ethnic group, religion, religious practice, disability, 48 sexual orientation, gender, or sex by school employees or students on 49 school property or at a school function. Nothing in this subdivision 50 shall be construed to prohibit a denial of admission into, or exclusion 51 from, a course of instruction based on a person's gender that would be 52 permissible under section thirty-two hundred one-a or paragraph (a) of 53 subdivision two of section twenty-eight hundred fifty-four of this chap- 54 ter and title IX of the Education Amendments of 1972 (20 U.S.C. section 55 1681, et. seq.), or to prohibit, as discrimination based on disability,A. 3661--C 3 1 actions that would be permissible under section 504 of the Rehabili- 2 tation Act of 1973. 3 2. An age-appropriate version of the policy outlined in subdivision 4 one of this section, written in plain-language, shall be included in the 5 code of conduct adopted by boards of education and the trustees or sole 6 trustee pursuant to section twenty-eight hundred one of this chapter and 7 a summary of such policy shall be included in any summaries required by 8 such section twenty-eight hundred one. 9 § 13. Policies and guidelines. The board of education and the trus- 10 tees or sole trustee of every school district shall create policies and 11 guidelines that shall include, but not be limited to: 12 1. Policies intended to create a school environment that is free from 13 discrimination or harassment; 14 2. Guidelines to be used in school training programs to discourage the 15 development of discrimination or harassment and that are designed: 16 a. to raise the awareness and sensitivity of school employees to 17 potential discrimination or harassment, and 18 b. to enable employees to prevent and respond to discrimination or 19 harassment; and 20 3. Guidelines relating to the development of nondiscriminatory 21 instructional and counseling methods, and requiring that at least one 22 staff member at every school be thoroughly trained to handle human 23 relations in the areas of race, color, weight, national origin, ethnic 24 group, religion, religious practice, disability, sexual orientation, 25 gender, and sex. 26 § 14. Commissioner's responsibilities. The commissioner shall: 27 1. Provide direction, which may include development of model policies 28 and, to the extent possible, direct services, to school districts 29 related to preventing discrimination and harassment and to fostering an 30 environment in every school where all children can learn free of 31 manifestations of bias; 32 2. Provide grants, from funds appropriated for such purpose, to local 33 school districts to assist them in implementing the guidelines set forth 34 in this section; and 35 3. Promulgate regulations to assist school districts in implementing 36 this article including, but not limited to, regulations to assist school 37 districts in developing measured, balanced, and age-appropriate 38 responses to violations of this policy, with remedies and procedures 39 focusing on intervention and education. 40 § 15. Reporting by commissioner. The commissioner shall create a 41 procedure under which material incidents of discrimination and harass- 42 ment on school grounds or at a school function are reported to the 43 department at least on an annual basis. Such procedure shall provide 44 that such reports shall, wherever possible, also delineate the specific 45 nature of such incidents of discrimination or harassment, provided that 46 the commissioner may comply with the requirements of this section 47 through use of the existing uniform violent incident reporting system. 48 In addition the department may conduct research or undertake studies to 49 determine compliance throughout the state with the provisions of this 50 article. 51 § 16. Protection of people who report discrimination or harassment. 52 Any person having reasonable cause to suspect that a student has been 53 subjected to discrimination or harassment by an employee or student, on 54 school grounds or at a school function, who, acting reasonably and in 55 good faith, either reports such information to school officials, to the 56 commissioner, or to law enforcement authorities or otherwise initiates,A. 3661--C 4 1 testifies, participates or assists in any formal or informal proceedings 2 under this article, shall have immunity from any civil liability that 3 may arise from the making of such report or from initiating, testifying, 4 participating or assisting in such formal or informal proceedings, and 5 no school district or employee shall take, request or cause a retaliato- 6 ry action against any such person who, acting reasonably and in good 7 faith, either makes such a report or initiates, testifies, participates 8 or assists in such formal or informal proceedings. 9 § 17. Application. Nothing in this article shall: 10 1. Apply to private, religious or denominational educational insti- 11 tutions; or 12 2. Preclude or limit any right or cause of action provided under any 13 local, state or federal ordinance, law or regulation including but not 14 limited to any remedies or rights available under the Individuals With 15 Disabilities Education Act, Title VII of the Civil Rights Law of 1964, 16 section 504 of the Rehabilitation Act of 1973 or the Americans with 17 Disabilities Act of 1990. 18 § 18. Severability and construction. The provisions of this article 19 shall be severable, and if any court of competent jurisdiction declares 20 any phrase, clause, sentence or provision of this article to be invalid, 21 or its applicability to any government agency, person or circumstance is 22 declared invalid, the remainder of this article and its relevant appli- 23 cability shall not be affected. The provisions of this article shall be 24 liberally construed to give effect to the purposes thereof. 25 § 3. Section 801-a of the education law, as added by chapter 181 of 26 the laws of 2000, is amended to read as follows: 27 § 801-a. Instruction in civility, citizenship and character education. 28 The regents shall ensure that the course of instruction in grades 29 kindergarten through twelve includes a component on civility, citizen- 30 ship and character education. Such component shall instruct students on 31 the principles of honesty, tolerance, personal responsibility, respect 32 for others, observance of laws and rules, courtesy, dignity and other 33 traits which will enhance the quality of their experiences in, and 34 contributions to, the community. The regents shall determine how to 35 incorporate such component in existing curricula and the commissioner 36 shall promulgate any regulations needed to carry out such determination 37 of the regents. For the purposes of this section, "tolerance," "respect 38 for others" and "dignity" shall include awareness and sensitivity to 39 discrimination or harassment and civility in the relations of people of 40 different races, weights, national origins, ethnic groups, religions, 41 religious practices, mental or physical abilities, sexual orientations, 42 genders, and sexes. 43 § 4. Paragraphs l and m of subdivision 2 of section 2801 of the educa- 44 tion law, as added by chapter 181 of the laws of 2000, are amended and a 45 new paragraph n is added to read as follows: 46 l. a minimum suspension period, for students who repeatedly are 47 substantially disruptive of the educational process or substantially 48 interfere with the teacher's authority over the classroom, provided that 49 the suspending authority may reduce such period on a case by case basis 50 to be consistent with any other state and federal law. For purposes of 51 this section, the definition of "repeatedly are substantially disrup- 52 tive" shall be determined in accordance with the regulations of the 53 commissioner; [ and] 54 m. a minimum suspension period for acts that would qualify the pupil 55 to be defined as a violent pupil pursuant to paragraph a of subdivision 56 two-a of section thirty-two hundred fourteen of this chapter, providedA. 3661--C 5 1 that the suspending authority may reduce such period on a case by case 2 basis to be consistent with any other state and federal law[ .]; and 3 n. provisions to comply with article two of this chapter. 4 § 5. This act shall take effect July 1, 2012, except that any rules or 5 regulations necessary for the timely implementation of this act on its 6 effective date shall be promulgated on or before such date.