STATE OF NEW YORK
________________________________________________________________________
7738--B
2017-2018 Regular Sessions
IN ASSEMBLY
May 11, 2017
___________
Introduced by M. of A. O'DONNELL, BRONSON, ABINANTI, GALEF -- read once
and referred to the Committee on Education -- recommitted to the
Committee on Education in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to including private,
religious or denominational educational institutions to 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. 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. The
9 purpose of this article is to foster civility in [public] schools and to
10 prevent and prohibit conduct which is inconsistent with a school's
11 educational mission.
12 § 2. Subdivision 1 of section 11 of the education law, as added by
13 chapter 482 of the laws of 2010, is amended to read as follows:
14 1. "School property" shall mean in or within any building, structure,
15 athletic playing field, playground, parking lot, or land contained with-
16 in the real property boundary line of [a public] an elementary or
17 secondary school; or in or on a school bus, as defined in section one
18 hundred forty-two of the vehicle and traffic law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10952-05-8
A. 7738--B 2
1 § 3. Section 17 of the education law, as added by chapter 482 of the
2 laws of 2010, is amended to read as follows:
3 § 17. Application. Nothing in this article shall[:
4 1. Apply to private, religious or denominational educational insti-
5 tutions; or
6 2. Preclude] preclude or limit any right or cause of action provided
7 under any local, state or federal ordinance, law or regulation including
8 but not limited to any remedies or rights available under the Individ-
9 uals With Disabilities Education Act, Title VII of the Civil Rights Law
10 of 1964, section 504 of the Rehabilitation Act of 1973 or the Americans
11 with Disabilities Act of 1990.
12 § 4. Section 13 of the education law is amended by adding a new subdi-
13 vision 6 to read as follows:
14 6. Guidelines relating to the development of measured, balanced and
15 age-appropriate strategies for family and parental engagement after the
16 determination that there has been a verified instance of harassment,
17 bullying or discrimination. Such guidelines shall be administered in a
18 progressive way that considers the best interest of the child and in
19 accordance with guidance developed under subdivision six of section
20 fourteen of this article.
21 § 5. Section 14 of the education law is amended by adding a new subdi-
22 vision 6 to read as follows:
23 6. The commissioner shall update guidance related to the actions
24 required by paragraph e of subdivision one of section thirteen of this
25 article with respect to making a determination whether or not, and how,
26 to engage and communicate with the families of the students involved in
27 the verified incident. Such guidance shall have as its goal the best
28 interests of each child involved in the incident, shall be consistent
29 with the principles expressed in subdivisions four and five of section
30 thirteen of this article, and shall be developed after considering best
31 practices that may already be in use by schools and school districts,
32 and in consultation with the dignity implementation task force.
33 § 6. This act shall take effect on the first of July next succeeding
34 the date on which it shall have become a law.
