Requires the board of education and the trustees or sole trustee of every school district to establish policies and procedures regarding the treatment of transgender or gender non-conforming students.
STATE OF NEW YORK
________________________________________________________________________
369
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. HOYLMAN, BIAGGI, KRUEGER, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
AN ACT to amend the education law, in relation to requiring the board of
education and the trustees or sole trustee of every school district to
establish policies and procedures regarding the treatment of transgen-
der or gender non-conforming students
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13 of the education law is amended by adding a new
2 subdivision 6 to read as follows:
3 6. Policies and procedures that ensure that schools do not treat a
4 transgender or gender non-conforming student differently from the way
5 they treat other students of the same gender identity or gender
6 expression that include, but are not limited to policies which:
7 a. ensure that schools and school employees treat students consistent-
8 ly with their gender identity or expression, including using pronouns
9 and names consistent with the student's gender identity or expression,
10 even if their education records or identification documents indicate a
11 different sex. Schools shall not require that students obtain a medical
12 diagnosis, treatment, or identification documents that reflect their
13 gender identity or expression as a prerequisite to treating the students
14 consistent with their gender identity or expression;
15 b. allow students to participate in sex-segregated activities and
16 access sex-segregated facilities, including but not limited to rest-
17 rooms, locker rooms, athletics teams, student organizations, single-sex
18 classes, and student housing or overnight accommodations, in a manner
19 consistent with the student's gender identity or expression; and
20 c. protect students' privacy related to their transgender or gender
21 non-conforming status, including their birth name or sex assigned at
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00180-01-1
S. 369 2
1 birth, and allow students to request that a school amend information in
2 the student's education records relating to their gender identity or
3 expression that is inaccurate, misleading, or in violation of the
4 student's privacy rights.
5 § 2. This act shall take effect immediately.
