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S04559 Summary:

BILL NOS04559B
 
SAME ASSAME AS A05448-B
 
SPONSORSTAVISKY
 
COSPNSRGOUNARDES, HOYLMAN-SIGAL, KRUEGER, SKOUFIS, WEBB
 
MLTSPNSR
 
Add §6436-a, Ed L
 
Requires the appointment of a Title VI coordinator at every college and university in the state to ensure compliance with Title VI of the federal civil rights act of 1964; requires the division of human rights to develop training for students and employees; requires the Title VI coordinator to notify annually all students and employees of the institution's policies and procedures for reporting discrimination and harassment.
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S04559 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4559--B
            Cal. No. 456
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2025
                                       ___________
 
        Introduced  by Sens. STAVISKY, GOUNARDES, HOYLMAN-SIGAL, KRUEGER, SKOUF-
          IS, WEBB -- read twice and ordered printed, and  when  printed  to  be
          committed  to  the Committee on Higher Education -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading -- again  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the education law, in relation to requiring the appoint-
          ment  of a Title VI coordinator at every college and university in the
          state
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 6436-a
     2  to read as follows:
     3    § 6436-a. Designation of a Title VI coordinator and duties. 1. Purpose
     4  and  designation  of  coordinator.  (a) To ensure students are protected
     5  from  illegal  discrimination  based  on  characteristics,  as   further
     6  described in applicable state and federal law, institutions shall engage
     7  in  proper  coordination  of these efforts through a centralized process
     8  and with a centralized point of contact for all compliance,  similar  to
     9  the  role  of the Title IX coordinator and their role in the implementa-
    10  tion of applicable federal laws, rules and regulations, and  state  law,
    11  including article one hundred twenty-nine-B of this title.
    12    (b)  Within  ninety  days  of  the  effective date of this section, an
    13  institution, defined as a college or university chartered by the regents
    14  or incorporated by special act  of  the  legislature  that  maintains  a
    15  campus  in  New  York  state  shall  designate a Title VI coordinator to
    16  ensure compliance with Title VI of the federal civil rights act of 1964,
    17  codified at 42 U.S.C. 2000d et seq., 34 C.F.R. Part 100, and  any  other
    18  related applicable laws, rules or regulations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02163-07-5

        S. 4559--B                          2
 
     1    2. Responsibilities of the Title VI coordinator when receiving reports
     2  of  discrimination or harassment. If the Title VI coordinator receives a
     3  report, the Title VI coordinator shall:
     4    (a)  offer  supportive  measures  for the student or students making a
     5  complaint;
     6    (b) notify any students who report conduct that may reasonably consti-
     7  tute discrimination or harassment under this section and Title VI of the
     8  federal civil rights act of 1964, of the institution's  policies  and/or
     9  procedures; and
    10    (c)  ensure  there  is  a  process for investigation and resolution of
    11  complaints consistent with obligations under federal and state law.
    12    3. Developing training to promote equal access and participation.  The
    13  division  of  human  rights, in coordination with institutions of public
    14  and private higher education located within  the  state,  shall  develop
    15  model  training  for  students  and  employees  to  ensure institutional
    16  compliance. Such training or institutionally developed equivalents shall
    17  be delivered annually to all students and employees commencing with  the
    18  first  full academic year after this section shall take effect, and each
    19  academic year thereafter.
    20    4. Notification of policies and procedures. The Title  VI  coordinator
    21  shall notify all students and employees each academic year of the insti-
    22  tution's  policies  and  procedures  for  reporting  discrimination  and
    23  harassment.
    24    (a) Form of notification. The Title VI coordinator shall  ensure  that
    25  the annual notification includes:
    26    (i) the institution's nondiscrimination policy statement;
    27    (ii)  website  links  to  all  policies  and  procedures for reporting
    28  discrimination and harassment to the institution;
    29    (iii) the contact information of the Title VI coordinator; and
    30    (iv) any other information the Title VI coordinator and  the  institu-
    31  tion deem necessary.
    32    5.  Designees.  The Title VI coordinator may have a designee or desig-
    33  nees to assist in carrying out the functions set forth in this  section,
    34  and  may  work with other employees to carry out the functions set forth
    35  in this section, provided, however, the Title VI  coordinator  shall  be
    36  ultimately responsible for coordinating and overseeing the institution's
    37  compliance    with  this  section and with Title VI of the federal civil
    38  rights act of 1964.
    39    6. Training for Title VI coordinator and designee  or  designees.  All
    40  Title  VI  coordinators  and  their  designees shall be trained in their
    41  duties and responsibilities set forth in this section and  Title  VI  of
    42  the federal civil rights act of 1964.
    43    7.  Recordkeeping.  (a)  The Title VI coordinator shall be responsible
    44  for appropriate recordkeeping related to any reports and  complaints  of
    45  discrimination  and  harassment, in accordance with applicable state and
    46  federal law, including all records related to  assessments  of  reports,
    47  records  documenting  actions  the  institution  took  to meet its obli-
    48  gations, and any records of training attendance and materials.
    49    8. Other duties. The Title VI coordinator may perform  other  relevant
    50  duties as established by the institution.
    51    §  2. This act shall take effect one year after it shall have become a
    52  law. Effective immediately, the addition, amendment and/or repeal of any
    53  rule or regulation necessary for the implementation of this act  on  its
    54  effective date are authorized to be made and completed on or before such
    55  effective date.
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