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S05025 Summary:

BILL NOS05025C
 
SAME ASSAME AS A07687-B
 
SPONSORJACKSON
 
COSPNSRGONZALEZ
 
MLTSPNSR
 
Amd Ed L, generally
 
Updates provisions relating to dignity for all students including establishing the student suicide prevention act which includes curriculum and teacher training requirements designed to prevent student suicide with a focus on LGBTQ students.
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S05025 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5025--C
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 18, 2025
                                       ___________
 
        Introduced by Sens. JACKSON, GONZALEZ -- read twice and ordered printed,
          and  when  printed  to  be  committed  to  the Committee on Finance --
          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  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the education law, in relation  to  updating  provisions
          relating to dignity for all students
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 10 of the education law, as added by chapter 482 of
     2  the laws of 2010, is amended to read as follows:
     3    § 10. Legislative intent. The legislature finds that students' ability
     4  to learn and to meet high academic standards, and a school's ability  to
     5  educate  its students, are compromised by incidents of discrimination or
     6  harassment including bullying, taunting or intimidation.  It  is  hereby
     7  declared  to be the policy of the state to afford all students in public
     8  schools an environment free of discrimination and harassment, whether in
     9  the school building or on the internet. The purpose of this  article  is
    10  to foster civility in public schools and to prevent and prohibit conduct
    11  which is inconsistent with a school's educational mission.
    12    §  2.  Subdivisions  1, 2, 7 and 8 of section 11 of the education law,
    13  subdivisions 1 and 2 as added by chapter 482 of the laws of 2010, subdi-
    14  vision 7 as amended and subdivision 8 as added by  chapter  102  of  the
    15  laws  of  2012, are amended and a new subdivision 11 is added to read as
    16  follows:
    17    1. "School property" shall mean in or within any building,  structure,
    18  athletic playing field, playground, parking lot, or land contained with-
    19  in  the  real property boundary line of a public elementary or secondary
    20  school; or in or on a school bus, as  defined  in  section  one  hundred
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07978-08-5

        S. 5025--C                          2
 
     1  forty-two  of  the  vehicle  and  traffic  law; or in or within a school
     2  administrative building.
     3    2.  "School  function"  shall mean a school-sponsored extra-curricular
     4  event or activity, or a school board or trustee meeting.
     5    7. "Harassment" [and "bullying"] shall mean the creation of a  hostile
     6  environment  by  conduct or by threats, intimidation or abuse, including
     7  cyberbullying, that (a) has or would have the effect of unreasonably and
     8  substantially interfering  with  a  student's  educational  performance,
     9  opportunities  or benefits, or mental, emotional or physical well-being;
    10  or (b) reasonably causes or would reasonably  be  expected  to  cause  a
    11  student  to  fear for [his or her] their physical safety; or (c) reason-
    12  ably causes or would reasonably be expected to cause physical injury  or
    13  emotional  harm  to  a  student;  or  (d) occurs off school property and
    14  creates or would foreseeably create a  risk  of  substantial  disruption
    15  within the school environment, where it is foreseeable that the conduct,
    16  threats,  intimidation  or  abuse  might  reach school property. Acts of
    17  harassment [and bullying] shall include, but not be  limited  to,  those
    18  acts  based  on  a  person's  actual  or  perceived race, color, weight,
    19  national origin, ethnic group, religion, religious practice, disability,
    20  sexual orientation, gender or sex. For the purposes of  this  definition
    21  the  term "threats, intimidation or abuse" shall include verbal and non-
    22  verbal actions.
    23    8. "Cyberbullying" shall mean harassment or  bullying  as  defined  in
    24  [subdivision seven of] this section, [including paragraphs (a), (b), (c)
    25  and  (d)  of such subdivision,] where such harassment or bullying occurs
    26  through any form of electronic communication, including but not  limited
    27  to cell phones, email, social media or text messaging.
    28    11. "Bullying" shall mean a pattern of repeated and deliberate aggres-
    29  sive  acts  intended to harm or humiliate another person who is smaller,
    30  weaker, younger or in any way more vulnerable than the  bully,  and  may
    31  involve  verbal  attacks,  teasing,  physical  attacks, threats of harm,
    32  sharing personal or private  information  about  someone  without  their
    33  consent causing embarrassment, deliberate exclusion  from activities, or
    34  other  forms  of  intimidation. The deliberate targeting of a vulnerable
    35  person distinguishes  "bullying"  from  "conflict"  or  other  kinds  of
    36  aggression.
    37    §  3.  Subdivision 1 of section 12 of the education law, as amended by
    38  chapter 102 of the laws of 2012, is amended to read as follows:
    39    1. No student shall be subjected to harassment or bullying by  employ-
    40  ees,  school board members, school trustees, or students on school prop-
    41  erty or at a school function; nor shall  any  student  be  subjected  to
    42  discrimination  based  on  a  person's  actual or perceived race, color,
    43  weight, national origin, ethnic  group,  religion,  religious  practice,
    44  disability,  sexual  orientation,  gender,  or  sex by school employees,
    45  school board members, school trustees, or students on school property or
    46  at a school function. Nothing in this subdivision shall be construed  to
    47  prohibit  a  denial  of  admission  into, or exclusion from, a course of
    48  instruction based on a person's gender that would be  permissible  under
    49  section  thirty-two hundred one-a or paragraph (a) of subdivision two of
    50  section twenty-eight hundred fifty-four of this chapter and title IX  of
    51  the  Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.), or
    52  to prohibit, as discrimination based on disability, actions  that  would
    53  be permissible under section 504 of the Rehabilitation Act of 1973.
    54    §  4.  Paragraphs e and k of subdivision 1 of section 13 of the educa-
    55  tion law, as added by chapter 102 of the laws of 2012, are  amended  and
    56  two new paragraphs m and n are added to read as follows:

        S. 5025--C                          3
 
     1    e. require the school, when an investigation reveals any such verified
     2  harassment,  bullying  or discrimination, to take prompt actions reason-
     3  ably calculated to end the harassment, bullying or discrimination, elim-
     4  inate any hostile environment, create a more positive school culture and
     5  climate,  prevent  recurrence  of the behavior, and ensure the safety of
     6  the student or  students  against  whom  such  harassment,  bullying  or
     7  discrimination  was  directed. Such actions shall be consistent with the
     8  guidelines created pursuant to subdivision  four  of  this  section  and
     9  shall  take  into  consideration  whether  notification  of  persons  in
    10  parental relation to the student who is the subject of such  harassment,
    11  bullying or discrimination is in the best interest of the student;
    12    k.  require  each  school,  at  least once during each school year, to
    13  provide all school employees, students and parents  with  a  written  or
    14  electronic  copy  of  the school district's policies created pursuant to
    15  this section, or a plain-language summary thereof,  including  notifica-
    16  tion  of the process by which students, parents and school employees may
    17  report harassment, bullying and discrimination and  to  post  a  written
    18  notification  informing  students  about such policy and the name of the
    19  school employee designated to receive reports of harassment, bullying or
    20  discrimination in the  school  lobby  and  in  every  restroom  used  by
    21  students  as well as other parts of the school where students are likely
    22  to see  such  posted  notification.    This  subdivision  shall  not  be
    23  construed to require additional distribution of such policies and guide-
    24  lines  if  they  are otherwise distributed to school employees, students
    25  and parents;
    26    m. include safe, responsible use of the internet and electronic commu-
    27  nications in the school district's policies;
    28    n.  develop  such  policies,  procedures  and  guidelines  to  prevent
    29  students from being bullied, harassed or discriminated against by school
    30  board members and school trustees; and
    31    §  5.  Subdivision 5 of section 14 of the education law, as amended by
    32  chapter 90 of the laws of 2013, is amended to read as follows:
    33    5. [The  commissioner  shall  prescribe]  Prescribe  regulations  that
    34  school  professionals  applying  on  or after December thirty-first, two
    35  thousand thirteen for a certificate or license, including but not limit-
    36  ed to a certificate or license valid for service as a classroom teacher,
    37  school counselor, school  psychologist,  school  social  worker,  school
    38  administrator or supervisor or superintendent of schools shall, in addi-
    39  tion   to  all  other  certification  or  licensing  requirements,  have
    40  completed training on the social patterns of  harassment,  bullying  and
    41  discrimination,  as defined in section eleven of this article, including
    42  but not limited to those acts based on a person's  actual  or  perceived
    43  race,  color, weight, national origin, ethnic group, religion, religious
    44  practice, disability, sexual orientation, gender or sex, the identifica-
    45  tion and mitigation of  harassment,  bullying  and  discrimination,  and
    46  strategies  for  effectively  addressing problems of exclusion, bias and
    47  aggression in educational settings.
    48    § 6. Section 15 of the education law, as amended by chapter 102 of the
    49  laws of 2012, is amended to read as follows:
    50    § 15. Reporting by commissioner and use of reports.   1.  The  commis-
    51  sioner  shall  create  a  procedure  under  which  material incidents of
    52  harassment, bullying and discrimination on school grounds or at a school
    53  function are reported to the department at least  on  an  annual  basis.
    54  Such procedure shall provide that such reports shall, wherever possible,
    55  also  delineate  the  specific  nature  of such incidents of harassment,
    56  bullying and discrimination, [provided that the commissioner may  comply

        S. 5025--C                          4

     1  with  the  requirements  of  this  section  through  use of the existing
     2  uniform violent incident reporting system] including,  but  not  limited
     3  to, whether such incidents were student-on-student, student-on-employee,
     4  or employee-on-student, the number of complaints dismissed and the basis
     5  for  dismissal,  the  number  of students, if any, who withdrew from the
     6  school following the filing  of  a  complaint  and  prior  to  the  next
     7  succeeding school year, the number of complaints resulting in any action
     8  taken,  and  the action taken, including student or employee training or
     9  education, student or employee discipline, or employee removal, leave of
    10  absence or retirement.  In addition, the department may conduct research
    11  or undertake studies to determine compliance throughout the  state  with
    12  the provisions of this article.
    13    2.  The  commissioner  shall  use  such  reports  and data to identify
    14  schools and districts that are failing to meet the standards and  objec-
    15  tives  of  this  article. The commissioner shall promulgate policies and
    16  procedures for improving conditions at these schools  to  ensure  proper
    17  training, support, and compliance with all requirements.
    18    3. The commissioner shall deliver the report referenced in subdivision
    19  one  of  this  section  to  the  legislature, temporary president of the
    20  senate, speaker of the assembly, chair of the senate education committee
    21  and chair of the assembly education committee  every  two  years  on  or
    22  before the first day of November.
    23    § 7. Section 16 of the education law, as amended by chapter 102 of the
    24  laws of 2012, is amended to read as follows:
    25    § 16. Protection of people who report harassment, bullying or discrim-
    26  ination.  Any  person  having reasonable cause to suspect that a student
    27  has been subjected to harassment,  bullying  or  discrimination,  by  an
    28  employee,  school  board  member,  school  trustee or student, on school
    29  grounds or at a school function, who,  acting  reasonably  and  in  good
    30  faith, reports such information to school officials, to the commissioner
    31  or  to  law enforcement authorities, acts in compliance with paragraph e
    32  or i of subdivision one of section thirteen of this article,  or  other-
    33  wise  initiates,  testifies,  participates  or  assists in any formal or
    34  informal proceedings under this article, shall have  immunity  from  any
    35  civil  liability  that  may arise from the making of such report or from
    36  initiating, testifying, participating or assisting  in  such  formal  or
    37  informal  proceedings,  and  no  school district or employee shall take,
    38  request or cause a retaliatory  action  against  any  such  person  who,
    39  acting  reasonably  and  in  good  faith,  either makes such a report or
    40  initiates, testifies, participates or assists in such formal or informal
    41  proceedings.
    42    § 8. The education law is amended by adding a new article 2-A to  read
    43  as follows:
    44                                  ARTICLE 2-A
    45                         STUDENT SUICIDE PREVENTION
    46  Section 20. Legislative intent.
    47          21. Definitions.
    48          22. Policies, procedures, and guidelines.
    49          23. Application.
    50          24. Severability and construction.
    51    §  20.  Legislative  intent.  The  legislature  finds and declares the
    52  following:
    53    1. According to data from the federal centers for disease control  and
    54  prevention  as reported in the year two thousand sixteen, suicide is the
    55  second leading cause of death for youth and young adults ten to  twenty-

        S. 5025--C                          5

     1  four  years of age, inclusive, in both the United States and in New York
     2  state.
     3    2.  As  children  and  teens spend a significant amount of their young
     4  lives in school, the personnel who interact with them on a  daily  basis
     5  are  essential  gatekeepers for recognizing warning signs of suicide and
     6  making the appropriate referrals for help.
     7    3. In a national survey conducted by the Jason Foundation,  a  teacher
     8  was  identified as the number one person to whom a student would turn to
     9  help a friend who might be suicidal. It is imperative that when a  young
    10  person  comes  to  a  teacher  for help, such teacher has the knowledge,
    11  tools, and resources to respond correctly.
    12    4. In the year two thousand eighteen, the federal centers for  disease
    13  control  and  prevention  found  in  its Youth Risk Behavior Survey that
    14  lesbian, gay, and bisexual youth are almost four times  more  likely  to
    15  seriously consider attempting suicide, have made a suicide plan, or have
    16  attempted suicide, than their heterosexual peers.
    17    5.  There  are  national  hotlines available to help adults and youth,
    18  including lesbian, gay, bisexual,  transgender,  queer,  or  questioning
    19  (LGBTQ) youth, who are experiencing suicidal ideation or who are worried
    20  about a family member or peer who may be at risk, including the National
    21  Suicide  Prevention  Lifeline,  the Crisis Text Line, the Trevor Project
    22  Lifeline, and TrevorChat.
    23    6. According to the Family  Acceptance  Project,  research  has  found
    24  that,  for  an  LGBTQ  youth,  having  at least one supportive adult can
    25  reduce the youth's risk of suicide.
    26    7. New York state schools face the serious issues of students at  high
    27  risk  of  suicide and death by suicide in the school communities. School
    28  personnel must be supported by  clear  policies  and  procedures,  which
    29  serve as an easily-accessible roadmap, eliminate confusion over educator
    30  roles  and  the  referral process, and equip educators with the tools to
    31  respond safely when a suicide does occur in the school community.
    32    § 21. Definitions. For the purposes of  this  article,  the  following
    33  terms shall have the following meanings:
    34    1. "Crisis situation" means a situation where a teacher or other local
    35  educational agency employee believes a student or other individual is in
    36  imminent danger of a suicide attempt.
    37    2.  "LGBTQ" means individuals who identify, with regards to gender, as
    38  being lesbian, gay, bisexual, transgender, queer, or questioning.
    39    3. "Local educational agency" means a school district, board of  coop-
    40  erative educational services, school, or the education department.
    41    4.  "Suicide  intervention" means specific actions schools can take in
    42  response to suicidal behavior by a student, including, but  not  limited
    43  to:
    44    a. student supervision;
    45    b. notification of parents or guardians;
    46    c. crisis situation response protocols;
    47    d.  when  and  how to request an immediate mental health assessment or
    48  emergency services; and
    49    e. school  re-entry  procedures  following  a  student  mental  health
    50  crisis.
    51    5.  "Suicide  postvention"  means  planned  support  and interventions
    52  schools can implement after a suicide attempt  or  suicide  death  of  a
    53  member of the school community that are designed to:
    54    a. reduce the risk of the spread of suicidal thoughts or intentions;
    55    b. provide support for affected students and school-based personnel;
    56    c. address the social stigma associated with suicide; and

        S. 5025--C                          6

     1    d. disseminate factual information about suicide and its prevention.
     2    6.  "Suicide  prevention"  means  specific actions schools can take to
     3  recognize and reduce suicidal behavior, including, but not limited to:
     4    a. identifying risks and protective factors for  suicide  and  suicide
     5  warning signs;
     6    b.  establishing  a process by which students are referred to a mental
     7  and behavioral health provider for help;
     8    c. making available school-based  and  community-based  mental  health
     9  supports;
    10    d.  providing  the  location of available online and community suicide
    11  prevention resources, including local crisis centers and hotlines;
    12    e. adopting  policies  and  protocols  regarding  suicide  prevention,
    13  intervention,  and  postvention,  school  safety, and response to crisis
    14  situations;
    15    f. training for school personnel who interact directly  with  students
    16  in recognizing suicide risks and warning signs and how to refer students
    17  for further assessment and evaluation; and
    18    g.  instruction  to  students  in problem-solving and coping skills to
    19  promote students' mental, emotional, and social health  and  well-being,
    20  and  instruction in recognizing and appropriately responding to signs of
    21  suicidal intent in others.
    22    7. "Mechanical restraints" means any device that restricts an individ-
    23  ual's freedom of movement and that the individual cannot easily  remove,
    24  including but not limited to handcuffs and nylon or velcro restraints.
    25    §  22. Policies, procedures, and guidelines. 1. The governing board or
    26  body of every local educational agency that serves  students  in  grades
    27  seven  to  twelve, inclusive, shall, before the first day of August, two
    28  thousand twenty-five, adopt  policies,  procedures,  and  guidelines  on
    29  student  suicide  prevention, intervention, and postvention for students
    30  in such grades. Such  policies,  procedures,  and  guidelines  shall  be
    31  developed  in  consultation  with  school  and  community  stakeholders,
    32  school-employed mental  health  professionals,  and  suicide  prevention
    33  experts, and shall include, but not be limited to:
    34    a.  methods  to increase awareness of the relationship between suicide
    35  and suicide risk factors, including, but not limited to:
    36    i. mental health and substance use conditions;
    37    ii. childhood abuse, neglect, or trauma;
    38    iii. prolonged stress, including individual experiences such as bully-
    39  ing, harassment, family or relationship stress, or other stressful  life
    40  events,  as  well  as  collective  stressors  such  as systemic bias and
    41  discrimination;
    42    iv. exposure to another person's suicide, or sensationalized or graph-
    43  ic accounts of suicide; and
    44    v. previous suicide attempts or history of suicide within a  student's
    45  family;
    46    b.  identification  of  training  opportunities on recognizing suicide
    47  risks, and referral procedures available to school employees;
    48    c. availability of expertise  from  school  employees  who  have  been
    49  trained in recognizing suicide risks, and referral procedures;
    50    d.  how  school  employees  should  respond to suspicion, concerns, or
    51  warning signs of suicide in students;
    52    e. how school employees should respond to a crisis situation  where  a
    53  student is in imminent danger to themself;
    54    f.  policies  and  protocols for communication with parents, including
    55  those that specify what to do if parental notification  is  not  in  the
    56  best interest of the student;

        S. 5025--C                          7
 
     1    g.  counseling  services  available within the school for students and
     2  their families that are related to suicide prevention;
     3    h.  availability  of  information  concerning  crisis situation inter-
     4  vention, suicide prevention, and mental health services in the community
     5  for students and their families and school employees;
     6    i. identification  and  development  of  partnerships  with  community
     7  organizations  and  agencies  for referral of students to health, mental
     8  health, substance use, and social support services,  including  develop-
     9  ment  of  at  least  one  memorandum  of understanding between the local
    10  education agency and such an organization or agency in the community  or
    11  region, other than a law enforcement agency;
    12    j.  development  of a culturally competent plan to assist survivors of
    13  attempted suicide and to assist students and school employees in  coping
    14  with  an attempted suicide or a suicide death within the school communi-
    15  ty; and
    16    k. development of any other related program or activity  for  students
    17  or school employees.
    18    2. The policies, procedures, and guidelines adopted pursuant to subdi-
    19  vision one of this section shall specifically address the needs of high-
    20  risk groups, including, but not limited to, the following:
    21    a. youth who have lost a friend or family member to suicide;
    22    b.  youth with disabilities or with chronic health conditions, includ-
    23  ing mental health and substance use conditions;
    24    c. youth experiencing homelessness or in out-of-home settings, such as
    25  foster care; and
    26    d. LGBTQ youth.
    27    3. The policies, procedures, and guidelines adopted pursuant to subdi-
    28  vision one of this section shall be written  to  ensure  that  a  school
    29  employee acts only within the authorization and scope of such employee's
    30  credential  or  license.   Nothing in this section shall be construed as
    31  authorizing or encouraging a school employee to diagnose or treat mental
    32  health conditions unless such  employee  is  specifically  licensed  and
    33  employed to do so.
    34    4.  The  policies,  procedures and guidelines adopted pursuant to this
    35  section shall ensure that school officials are  solely  responsible  for
    36  responding to student behavior. Such policies, procedures and guidelines
    37  shall  make clear that law enforcement involvement in addressing student
    38  behavior should be the last resort and  shall  make  clear  that  unless
    39  otherwise authorized by state law:
    40    a. Law enforcement officers and school resource officers shall not use
    41  mechanical  restraints on a student unless such restraints are necessary
    42  to prevent imminent and serious  physical  injury  to  such  student  or
    43  another person, and the use of such restraints is limited in duration to
    44  the time period in which such student presents a risk of causing serious
    45  physical injury to themselves or others; and
    46    b.  Any determination that a student requires hospital transport for a
    47  mental health evaluation shall whenever practicable be made by  a  clin-
    48  ically  trained mental health professional. Such student shall be accom-
    49  panied during such transport by a designated school employee,  and  such
    50  person shall stay with the student until their parent or parent's desig-
    51  nee  arrives.  The school shall be responsible for contacting the parent
    52  when such hospital transport is needed.
    53    5. Notwithstanding any other provision of  law  to  the  contrary,  no
    54  cause  of action may be brought for any loss or damage caused by any act
    55  or omission resulting from the implementation of the provisions of  this
    56  article,  or  resulting from any training, or lack of training, required

        S. 5025--C                          8
 
     1  by this article. Nothing in this article shall be  construed  to  impose
     2  any specific duty of care.
     3    6.  To  assist  local  educational agencies in developing policies for
     4  student suicide prevention, the department shall  develop  and  maintain
     5  model  policies,  procedures,  and  guidelines  in  accordance with this
     6  section to serve as a guide for local educational agencies.  Such  model
     7  policies,  procedures, and guidelines shall be posted within thirty days
     8  of their completion on the department's  internet  website,  along  with
     9  relevant  resources and information to support schools in developing and
    10  implementing the policies, procedures,  and  guidelines  required  under
    11  subdivision one of this section.
    12    7.  The  governing  board  or  body of a local educational agency that
    13  serves students in grades seven to twelve, inclusive, shall  review,  at
    14  minimum  every  fifth year following the effective date of this article,
    15  its policies, procedures, and guidelines on student  suicide  prevention
    16  and, if necessary, update such policies, procedures, and guidelines.
    17    §  23.  Application. The provisions of this article shall apply to all
    18  private and public educational institutions in New York state.
    19    § 24. Severability and construction. The provisions  of  this  article
    20  shall  be severable, and if any court of competent jurisdiction declares
    21  any phrase, clause, sentence or provision of this article to be invalid,
    22  or its applicability to any government agency, person or circumstance is
    23  declared invalid, the remainder of this article and its relevant  appli-
    24  cability  shall not be affected. The provisions of this article shall be
    25  liberally construed to give effect to the purposes thereof.
    26    § 9. Section 801-a of the education law, as amended by section 102  of
    27  the laws of 2012, is amended to read as follows:
    28    §  801-a. Instruction in civility, citizenship [and], character educa-
    29  tion, digital citizenship, and media literacy.
    30    1. For the purposes of this section, the following  terms  shall  have
    31  the following meanings:
    32    a.  "Tolerance",  "respect  for  others",  and "dignity" shall include
    33  awareness and sensitivity to harassment, bullying,  discrimination,  and
    34  civility  in  the  relations  of  people  of  different  races, weights,
    35  national origins, ethnic groups, religions, religious practices,  mental
    36  or physical abilities, sexual orientations, genders, and sexes.
    37    b. "Digital citizenship" shall mean a diverse set of skills related to
    38  current technology and social media, including the norms of appropriate,
    39  responsible,  and healthy behavior and focuses on empowering learners to
    40  use online resources, applications, and spaces  to  improve  communities
    41  and curate a positive and effective digital footprint.
    42    c. "Media literacy" shall mean the ability to use media and to access,
    43  analyze,  evaluate, create, and act using all forms of communication and
    44  encompasses the foundational skills that lead to digital citizenship.
    45    2. The regents shall ensure that the course of instruction  in  grades
    46  kindergarten  through  twelve includes a component on civility, citizen-
    47  ship, and character education. Such component shall instruct students on
    48  the principles  of  honesty,  tolerance,  personal  responsibility,  and
    49  respect for others, with an emphasis on discouraging acts of harassment,
    50  bullying, discrimination, observance of laws and rules, courtesy, digni-
    51  ty, and other traits which will enhance the quality of their experiences
    52  in,  and  contributions  to, the community. Such component shall include
    53  instruction of safe, responsible use  of  the  internet  and  electronic
    54  communications.  The  regents  shall  determine  how to incorporate such
    55  component in existing curricula and the  commissioner  shall  promulgate
    56  any  regulations  needed to carry out such determination of the regents.

        S. 5025--C                          9
 
     1  [For the purposes of this section, "tolerance," "respect for others" and
     2  "dignity" shall include awareness and sensitivity to harassment,  bully-
     3  ing, discrimination and civility in the relations of people of different
     4  races,  weights,  national  origins, ethnic groups, religions, religious
     5  practices, mental or physical abilities, sexual  orientations,  genders,
     6  and sexes.]
     7    3.  The  regents,  in  conjunction with the commissioner, shall ensure
     8  that the course of instruction in  grades  kindergarten  through  twelve
     9  includes  a  component  on  media literacy. Such component shall include
    10  instruction of internet safety, civility, and digital citizenship with a
    11  focus on the principles of safe, responsible use  of  the  internet  and
    12  electronic  communications.  The boards of education and trustees of the
    13  cities and school districts of the state shall require instruction to be
    14  given in media literacy by the teachers employed in the schools therein.
    15  If available, instruction in media literacy shall be provided by library
    16  media specialists employed by the schools therein.
    17    4. The commissioner, in conjunction with the regents,  shall  incorpo-
    18  rate   existing  state  media  literacy  standards  into  the  component
    19  described in subdivision two of this section  and  create  a  clear  and
    20  coherent set of media literacy education standards, which shall include,
    21  but  not be limited to, the following skills, experiences, and competen-
    22  cies:
    23    a. reading experiences balanced between literature  and  informational
    24  texts, which include both print and digital sources;
    25    b.  integration and evaluation of content and information presented in
    26  diverse media and formats, including visual, quantitative, and oral;
    27    c. use of technology and digital tools, including  the  internet,  for
    28  writing and drawing to increase learning and communication and to inter-
    29  act and collaborate with others;
    30    d.  writing of informative and explanatory texts to examine and convey
    31  complex ideas and information clearly and accurately through the  effec-
    32  tive  selection, organization, and analysis of content, including multi-
    33  media;
    34    e. strategic use of digital  media  and  visual  displays  to  express
    35  information and enhance understanding of presentations;
    36    f.  the  ability  to  assess  how  point of view or purpose shapes the
    37  content and style of a text, drawing on  a  wide  range  of  global  and
    38  diverse texts;
    39    g. gathering of relevant information from multiple sources and assess-
    40  ing  the  credibility  and  accuracy of such sources, for the purpose of
    41  integrating such information in writing without plagiarizing;
    42    h. effectively communicating conclusions and  taking  informed  action
    43  based on such conclusions;
    44    i.  the  ability  to  create, produce, respond, interpret, and connect
    45  with artistic work and techniques;
    46    j. managing information with a focus on the ability to access and  use
    47  information obtained from other people, community resources, and comput-
    48  er  networks  and using technology to acquire, organize, and communicate
    49  information by entering, modifying, retrieving, and storing data;
    50    k. demonstration of digital citizenship by maintaining  ethical  deci-
    51  sion  making  and behavior and avoid the spread of misinformation in the
    52  exchange and use of information;
    53    l. use of digital tools to communicate and work with others  to  build
    54  knowledge, convey ideas, learn with others, create and revise collabora-
    55  tive products, support individual learning, and contribute to the learn-
    56  ing of others;

        S. 5025--C                         10
 
     1    m.  use  of  digital  tools  to create and revise simple, complex, and
     2  multimedia digital artifacts;
     3    n.  identification of ways other people put their own information into
     4  online spaces;
     5    o. the ability to explain how actions in online spaces can have conse-
     6  quences in other spaces and the connection between  the  persistence  of
     7  data on the internet, personal online identity, and personal privacy;
     8    p. actively managing digital presence and digital footprint to reflect
     9  an understanding of the permanence and potential consequences of actions
    10  in online spaces;
    11    q. designing and implementing strategies that support safety and secu-
    12  rity  of  digital information, personal identity, property, and physical
    13  and mental health when operating in the digital world;
    14    r. identifying types of cyberbullying  and  developing  strategies  to
    15  combat cyberbullying and harassment; and
    16    s.  any  additional media literacy standards outlined in state depart-
    17  ment publications or in the codes, rules and regulations of the state of
    18  New York, as deemed necessary.
    19    5. The commissioner, in conjunction with the regents, shall update the
    20  New York state professional  teaching  standards  to  incorporate  media
    21  literacy and educate library media specialists and teachers on the rele-
    22  vant  standards  of media literacy so that library media specialists and
    23  teachers can effectively incorporate such standards into  their  curric-
    24  ulums.
    25    6.  The  commissioner, in conjunction with the regents, shall annually
    26  review the media literacy standards set forth in this section to  ensure
    27  such standards capture the full range of skills, experiences, and compe-
    28  tencies  that  research  indicates  is necessary for media literacy, and
    29  shall update such standards as necessary.
    30    7. The media literacy standards set forth in this section shall  serve
    31  as an overview of the state's interdisciplinary approach to media liter-
    32  acy  education  and shall emphasize the importance of media literacy for
    33  civic readiness.
    34    § 10. Subdivision 1 of section 2801 of the education law,  as  amended
    35  by chapter 402 of the laws of 2005, is amended to read as follows:
    36    1.  a.  For  purposes of this section, [school property] the following
    37  terms shall have the following meanings:
    38    (i) "School property" means:
    39    (A) in or within any  building,  structure,  athletic  playing  field,
    40  playground,  parking  lot,  or  land  contained within the real property
    41  boundary line of a public elementary or secondary  school  or  within  a
    42  school administration building; or
    43    (B) in or on a school bus, as defined in section one hundred forty-two
    44  of the vehicle and traffic law[; and a school function shall mean].
    45    (ii)  "School  function" means a school-sponsored or school-authorized
    46  [extra-curricular] extra curricular event or activity or a school  board
    47  or  trustee  meeting,  regardless  of where such event or activity takes
    48  place, including any event or activity that may take  place  in  another
    49  state.
    50    b.  This  section shall also apply to cyberbullying, whether on or off
    51  school property or at or away from a school function.
    52    § 11. Subdivision 2 of section 3006-a of the education law,  as  added
    53  by  section 2 of subpart C of part EE of chapter 56 of the laws of 2015,
    54  is amended and a new subdivision 4 is added to read as follows:
    55    2. a. During each five-year registration period beginning on or  after
    56  July  first,  two  thousand sixteen, an applicant for registration shall

        S. 5025--C                         11
 
     1  successfully complete a minimum  of  one  hundred  hours  of  continuing
     2  teacher  and  leader  education,  as  defined  by  the commissioner. The
     3  department shall issue rigorous standards  for  courses,  programs,  and
     4  activities,  that  shall qualify as continuing teacher and leader educa-
     5  tion pursuant to this section. For purposes  of  this  section,  a  peer
     6  review  teacher,  or a principal acting as an independent trained evalu-
     7  ator, conducting a classroom observation as part of the  teacher  evalu-
     8  ation system pursuant to section three thousand twelve-d of this article
     9  may  credit  such time towards [his or her] their continuing teacher and
    10  leader effectiveness requirements.
    11    b.  During each five-year registration period beginning on or after  a
    12  date  which  shall be determined by the commissioner, any teacher who is
    13  an applicant for registration shall successfully complete a  minimum  of
    14  five  hours of professional development related to media literacy educa-
    15  tion and any library  media  specialist  shall  complete  a  minimum  of
    16  fifteen  hours  of  professional  development  related to media literacy
    17  education, as defined by the commissioner.   Such professional  develop-
    18  ment related to media literacy education shall be counted toward the one
    19  hundred  hours  of  continuing  teacher and leader education required by
    20  paragraph a of this subdivision. The commissioner shall require that:
    21    (i) professional  development  related  to  media  literacy  education
    22  incorporates the principles and practices of the department's culturally
    23  responsive-sustaining framework;
    24    (ii)  professional  development related to media literacy education is
    25  provided by or in coordination with a library  media  specialist  or  an
    26  employee  from  a  school  district's  library  system  in  every school
    27  district;
    28    (iii) library media  specialists  in  every  school  district  receive
    29  specific  training in how to provide professional development related to
    30  media literacy education to teachers of all  grade  levels  and  subject
    31  areas contained in their schools, which shall include instruction on how
    32  to  effectively  integrate  media literacy education into such teachers'
    33  curricula; and
    34    (iv) utilizing funds appropriated therefor, the department creates and
    35  provides model  curricula  and  teaching  and  professional  development
    36  resources which incorporate media literacy education on its website.
    37    c.  During  each five-year registration period beginning on or after a
    38  date which shall be determined by the commissioner, any teacher  who  is
    39  an  applicant  for registration shall successfully complete a minimum of
    40  five hours of professional development related to articles two and two-A
    41  of this chapter. Such professional development shall be  counted  toward
    42  the  one  hundred  hours  of  continuing  teacher  and  leader education
    43  required by paragraph a of  this  subdivision.  The  commissioner  shall
    44  require that:
    45    (i) professional development related to articles two and two-A of this
    46  chapter  incorporates  the  principles and practices of the department's
    47  culturally responsive-sustaining framework;
    48    (ii) professional development related to articles  two  and  two-A  of
    49  this  chapter  is provided by or in coordination with a teacher or guid-
    50  ance counselor in every school district; and
    51    (iii) utilizing funds appropriated therefor,  the  department  creates
    52  and  provides  model curricula and teaching and professional development
    53  resources which incorporate the principles and practices articulated  in
    54  articles two and two-A of this chapter on its website.
    55    d.  Nothing  in  this  section shall limit the ability of local school
    56  districts to agree pursuant to collective bargaining to additional hours

        S. 5025--C                         12
 
     1  of professional development or continuing teacher  or  leader  education
     2  above the minimum requirements set forth in this section.
     3    [c.]  e.  A  certified individual who has not satisfied the continuing
     4  teacher and leader education requirements shall not be  issued  a  five-
     5  year  registration  certificate by the department and shall not practice
     6  unless and until a registration or conditional registration  certificate
     7  is issued as provided in subdivision three of this section. For purposes
     8  of  this  subdivision, "continuing teacher and leader education require-
     9  ments" shall mean activities designed to improve the teacher or leader's
    10  pedagogical and/or leadership  skills,  targeted  at  improving  student
    11  performance,  including but not limited to formal continuing teacher and
    12  leader education activities. Such activities shall promote  the  profes-
    13  sionalization  of  teaching and be closely aligned to district goals for
    14  student performance which meet the standards prescribed  by  regulations
    15  of the commissioner. To fulfill the continuing teacher and leader educa-
    16  tion  requirement,  programs must be taken from sponsors approved by the
    17  department, which shall include but not be limited to school  districts,
    18  pursuant to the regulations of the commissioner.
    19    4.  For the purposes of this section, "library media specialist" shall
    20  mean an individual employed by a school  district  as  a  library  media
    21  specialist  pursuant  to section 91.2 of title eight of the codes, rules
    22  and regulations of the state of New York.
    23    § 12. This act shall take effect immediately.
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