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S07719 Summary:

BILL NOS07719A
 
SAME ASSAME AS A07977-A
 
SPONSORSEPULVEDA
 
COSPNSRJACKSON
 
MLTSPNSR
 
Amd §§11 - 15, Ed L
 
Strengthens protections against discrimination, harassment, and bullying based on actual or perceived immigration status, and to improve implementation and oversight under the Dignity for All Students Act.
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S07719 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7719--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       May 1, 2025
                                       ___________
 
        Introduced  by Sens. SEPULVEDA, JACKSON -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT  to  amend  the  education  law,  in  relation  to  strengthening
          protections  against discrimination, harassment, and bullying based on
          actual or perceived immigration status, and to improve  implementation
          and oversight under 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  "End  Bullying  and  Discrimination  in Schools Everywhere (BEACON)
     3  Act".
     4    § 2. Section 11 of the education law,  is  amended  by  adding  a  new
     5  subdivision 11 to read as follows:
     6    11.  "Immigration  status"  shall  mean a person's actual or perceived
     7  citizenship or residency status, including but  not  limited  to  United
     8  States  citizenship,  lawful  permanent  residency,  refugee  or  asylum
     9  status,  temporary  protected  status,  Deferred  Action  for  Childhood
    10  Arrivals  (DACA)  status,  or  lack  of  lawful  immigration status. For
    11  purposes of this article, protections based on immigration status  shall
    12  also  extend to students from mixed-status families, meaning families in
    13  which one or more members have different immigration statuses, including
    14  undocumented or noncitizen statuses.
    15    § 3. Subdivision 7 of section 11 of the education law, as  amended  by
    16  chapter 102 of the laws of 2012, is amended to read as follows:
    17    7.  "Harassment"  and  "bullying" shall mean the creation of a hostile
    18  environment by conduct or by threats, intimidation or  abuse,  including
    19  cyberbullying, that (a) has or would have the effect of unreasonably and
    20  substantially  interfering  with  a  student's  educational performance,
    21  opportunities or benefits, or mental, emotional or physical  well-being;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11605-04-5

        S. 7719--A                          2
 
     1  or  (b)  reasonably  causes  or  would reasonably be expected to cause a
     2  student to fear for [his or her] their physical safety; or  (c)  reason-
     3  ably  causes or would reasonably be expected to cause physical injury or
     4  emotional  harm  to  a  student;  or  (d) occurs off school property and
     5  creates or would foreseeably create a  risk  of  substantial  disruption
     6  within the school environment, where it is foreseeable that the conduct,
     7  threats,  intimidation  or  abuse  might  reach school property. Acts of
     8  harassment and bullying shall include, but not be limited to, those acts
     9  based on a person's actual or perceived race,  color,  weight,  national
    10  origin,  ethnic group, immigration status, religion, religious practice,
    11  disability, sexual orientation, gender or sex. For the purposes of  this
    12  definition  the  term  "threats,  intimidation  or  abuse" shall include
    13  verbal and non-verbal actions.
    14    § 4. Subdivision 1 of section 12 of the education law, as  amended  by
    15  chapter 102 of the laws of 2012, is amended to read as follows:
    16    1.  No student shall be subjected to harassment or bullying by employ-
    17  ees or students on school property or at a school  function;  nor  shall
    18  any student be subjected to discrimination based on a person's actual or
    19  perceived  race,  color,  weight,  national  origin, ethnic group, immi-
    20  gration status, religion, religious practice, disability, sexual  orien-
    21  tation, gender, or sex by school employees or students on school proper-
    22  ty  or  at  a  school  function.  Nothing  in  this subdivision shall be
    23  construed to prohibit a denial of admission into, or exclusion  from,  a
    24  course of instruction based on a person's gender that would be permissi-
    25  ble  under section thirty-two hundred one-a or paragraph (a) of subdivi-
    26  sion two of section twenty-eight hundred fifty-four of this chapter  and
    27  title  IX  of  the Education Amendments of 1972 (20 U.S.C. section 1681,
    28  et. seq.), or  to  prohibit,  as  discrimination  based  on  disability,
    29  actions  that  would  be  permissible under section 504 of the Rehabili-
    30  tation Act of 1973.
    31    § 5. Subdivision 3 of section 13 of the education law, as  amended  by
    32  chapter 102 of the laws of 2012, is amended to read as follows:
    33    3.   Guidelines  relating  to  the  development  of  nondiscriminatory
    34  instructional and counseling methods, and requiring that  at  least  one
    35  staff  member  at  every  school  be  thoroughly trained to handle human
    36  relations in the areas of race, color, weight, national  origin,  ethnic
    37  group,  immigration  status,  religion,  religious practice, disability,
    38  sexual orientation, gender, and sex; and
    39    § 6. Section 13 of the education law is amended by adding a new subdi-
    40  vision 6 to read as follows:
    41    6. Each school district shall ensure that every school building desig-
    42  nates at least one Dignity Act coordinator  responsible  for  supporting
    43  implementation  of the policies and procedures required under this arti-
    44  cle. The Dignity Act coordinator shall serve as a point of  contact  for
    45  students,  families, and staff regarding incidents of harassment, bully-
    46  ing, and discrimination. The individual  designated  shall  not  be  the
    47  school principal, headmaster, or any other administrator or staff member
    48  whose  primary  duties  include student discipline. School districts may
    49  additionally designate a districtwide compliance coordinator or team  to
    50  oversee  implementation,  provide  training,  and  monitor trends across
    51  schools.
    52    § 7. Section 14 of the education law is amended by adding a new subdi-
    53  vision 6 to read as follows:
    54    6. The  commissioner  shall  develop  and  make  available  to  school
    55  districts  guidance on preventing and responding to harassment, bullying
    56  and discrimination based on immigration status, including specific guid-

        S. 7719--A                          3
 
     1  ance on addressing cyberbullying incidents targeting immigrant students.
     2  Such guidance shall include  model  policies  for  school  districts  to
     3  incorporate  into their codes of conduct and best practices for training
     4  school  personnel  and  educating students and families on the rights of
     5  students under this article. This guidance shall further  recognize  the
     6  unique vulnerabilities of students from mixed-status families.
     7    § 8. Section 15 of the education law, as amended by chapter 102 of the
     8  laws of 2012, is amended to read as follows:
     9    §  15.  Reporting  by  commissioner.  The  commissioner shall create a
    10  procedure under which material incidents  of  harassment,  bullying  and
    11  discrimination on school grounds or at a school function are reported to
    12  the department at least on an annual basis. Such procedure shall provide
    13  that  such reports shall, wherever possible, also delineate the specific
    14  nature of such incidents of  harassment,  bullying  and  discrimination,
    15  [provided that the] and indicate, where known and appropriate, the cate-
    16  gory  or  categories  of  protected  class that were the subject of such
    17  conduct. The department shall issue  guidance  for  schools  on  how  to
    18  collect  and  report  this  information  in a manner that is consistent,
    19  feasible, and protective of student privacy.  Public  summaries  of  the
    20  data  shall  present  trends  disaggregated  by protected class, without
    21  disclosing individual or school-level identifiers. The commissioner  may
    22  comply with the requirements of this section through use of the existing
    23  uniform  violent  incident  reporting system. In addition the department
    24  may conduct  research  or  undertake  studies  to  determine  compliance
    25  throughout the state with the provisions of this article.
    26    §  9.  This act shall take effect on the first of July next succeeding
    27  the date on which it shall have become a law. Effective immediately, the
    28  addition, amendment and/or repeal of any rule  or  regulation  necessary
    29  for  the implementation of this act on its effective date are authorized
    30  to be made and completed on or before such effective date.
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