Text of NY A 1118 (2004)

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Bill No.: Summary Actions Floor Votes Memo Text A01118 Summary: BILL NOA01118 SAME ASSAME AS S01925 SPONSORSanders (MS) COSPNSRGlick, Farrell, Clark, Lafayette, Gottfried, Canestrari, Paulin, Grannis, O'Donnell, Bradley,Peralta MLTSPNSRArroyo, Bing, Brennan, Cahill, Christensen, Cohen A, Cohen M, Colton, Cook, Cymbrowitz, DelMonte,Diaz R, DiNapoli, Dinowitz, Eddington, Englebright, Galef, Gantt, Gianaris, Green, Greene,Higgins, Hooper, Hoyt, Jacobs, John, Klein, Koon, Lavelle, Lifton, Markey, McEneny, Millman,Nolan, Norman, Ortiz, Perry, Pheffer, Powell, Scarborough, Sidikman, Stringer, Sweeney, Towns,Weinstein, Weisenberg, Wright Add Art 2 SS10 - 18, amd SS801-a & 2801, Ed L Enacts the "Dignity For All Students Act"; authorizes the commissioner of education to establish policies and procedures affording all students in public schools an environment free of harassment and discrimination based on actual or perceived race, national origin, ethnic group, religion, disability, sexual orientation, gender or sex; requires reporting harassment and discrimination to such commission; makes exemptions.Go to top A01118 Text: STATE OF NEW YORK ________________________________________________________________________ 1118 2003-2004 Regular Sessions IN ASSEMBLY January 14, 2003 ___________ Introduced by M. of A. SANDERS, GLICK, FARRELL, CLARK, LAFAYETTE, GOTT- FRIED, CANESTRARI, PAULIN, GRANNIS -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, CAHILL, CHRISTENSEN, A. COHEN, M. COHEN, COLTON, COOK, CYMBROWITZ, DelMONTE, R. DIAZ, DiNAPOLI, DINOWITZ, EDDINGTON, ENGLEBRIGHT, GALEF, GANTT, GIANARIS, GREEN, GREENE, HOOPER, HOYT, JACOBS, JOHN, KLEIN, KOON, LAVELLE, MARKEY, McENENY, MILLMAN, NOLAN, NORMAN, ORTIZ, PERRY, PHEFFER, SCARBOROUGH, SIDIKMAN, STRINGER, SWEE- NEY, TOWNS, WEISENBERG, WRIGHT -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to enacting 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 "dignity for all students act". 3 § 2. The education law is amended by adding a new article 2 to read as 4 follows: 5 ARTICLE 2 6 DIGNITY FOR ALL STUDENTS 7 Section 10. Legislative intent. 8 11. Definitions. 9 12. Discrimination and harassment prohibited. 10 13. Policies and guidelines. 11 14. Commissioner's responsibilities. 12 15. Reporting by commissioner. 13 16. Protection of people who report discrimination or harass- 14 ment. 15 17. Application. 16 18. Severability and construction. 17 § 10. Legislative intent. The legislature finds that students' ability 18 to learn and to meet high academic standards, and a school's ability to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00303-01-3 A. 1118 2 1 educate its students, are compromised by incidents of discrimination or 2 harassment including bullying, taunting or intimidation. It is hereby 3 declared to be the policy of the state to afford all students in public 4 schools an environment free of discrimination and harassment based on 5 actual or perceived race, color, national origin, ethnic group, reli- 6 gion, religious practice, disability, sexual orientation, gender, or 7 sex. The purpose of this article is to foster civility in public schools 8 and to prevent and prohibit conduct which is inconsistent with a 9 school's educational mission. 10 § 11. Definitions. For the purposes of this article, the following 11 terms shall have the following meanings: 12 1. "School property" shall mean in or within any building, structure, 13 athletic playing field, playground, parking lot, or land contained with- 14 in the real property boundary line of a public elementary or secondary 15 school; or in or on a school bus, as defined in section one hundred 16 forty-two of the vehicle and traffic law. 17 2. "School function" shall mean a school-sponsored extra-curricular 18 event or activity. 19 3. "Disability" shall mean disability as defined in subdivision twen- 20 ty-one of section two hundred ninety-two of the executive law. 21 4. "Employee" shall mean employee as defined in subdivision three of 22 section eleven hundred twenty-five of this chapter. 23 5. "Sexual orientation" shall mean actual or perceived heterosexuali- 24 ty, homosexuality or bisexuality. 25 6. "Gender" shall mean actual or perceived sex and shall include a 26 person's gender identity or expression. 27 7. "Harassment" shall mean the creation of a hostile environment by 28 conduct or by verbal threats, intimidation or abuse, including conduct, 29 verbal threats, intimidation or abuse based on a person's actual or 30 perceived race, color, national origin, ethnic group, religion, reli- 31 gious practice, disability, sexual orientation, gender or sex, that has 32 or would have the effect of unreasonably and substantially interfering 33 with a student's educational performance, opportunities or benefits, or 34 mental, emotional or physical well-being; or conduct, verbal threats, 35 intimidation or abuse that reasonably causes or would reasonably be 36 expected to cause a student to fear for his or her physical safety. 37 § 12. Discrimination and harassment prohibited. 1. No student shall 38 be subjected to harassment by employees or students on school property 39 or at a school function; nor shall any student be subjected to discrimi- 40 nation based on a person's actual or perceived race, color, national 41 origin, ethnic group, religion, religious practice, disability, sexual 42 orientation, gender, or sex by school employees or students on school 43 property or at a school function. 44 2. An age-appropriate version of the policy outlined in subdivision 45 one of this section, written in plain-language, shall be included in the 46 code of conduct adopted by boards of education and the trustees or sole 47 trustee pursuant to section twenty-eight hundred one of this chapter and 48 a summary of such policy shall be included in any summaries required by 49 such section twenty-eight hundred one. 50 § 13. Policies and guidelines. The board of education and the trus- 51 tees or sole trustee of every school district shall create policies and 52 guidelines that shall include, but not be limited to: 53 1. Policies intended to create a school environment that is free from 54 discrimination or harassment; 55 2. Guidelines to be used in school training programs to discourage the 56 development of discrimination or harassment and that are designed: A. 1118 3 1 a. to raise the awareness and sensitivity of school employees to 2 potential discrimination or harassment, and 3 b. to enable employees to prevent and respond to discrimination or 4 harassment; and 5 3. Guidelines relating to the development of nondiscriminatory 6 instructional and counseling methods, and requiring that at least one 7 staff member at every school be thoroughly trained to handle human 8 relations in the areas of race, color, national origin, ethnic group, 9 religion, religious practice, disability, sexual orientation, gender, 10 and sex. 11 § 14. Commissioner's responsibilities. The commissioner shall: 12 1. Provide direction, which may include development of model policies 13 and, to the extent possible, direct services, to school districts 14 related to preventing discrimination and harassment and to fostering an 15 environment in every school where all children can learn free of 16 manifestations of bias; 17 2. Provide grants, from funds appropriated for such purpose, to local 18 school districts to assist them in implementing the guidelines set forth 19 in this section; and 20 3. Promulgate regulations to assist school districts in implementing 21 this article including, but not limited to, regulations to assist school 22 districts in developing measured, balanced, and age-appropriate 23 responses to violations of this policy, with remedies and procedures 24 focusing on intervention and education. 25 § 15. Reporting by commissioner. The commissioner shall create a 26 procedure under which material incidents of discrimination and harass- 27 ment on school grounds or at a school function are reported to the 28 department at least on an annual basis. Such procedure shall provide 29 that such reports shall, wherever possible, also delineate the specific 30 nature of such incidents of discrimination or harassment. In addition 31 the department may conduct research or undertake studies to determine 32 compliance throughout the state with the provisions of this article. 33 § 16. Protection of people who report discrimination or harassment. 34 Any person having reasonable cause to suspect that a student has been 35 subjected to discrimination or harassment by an employee or student, on 36 school grounds or at a school function, who, acting reasonably and in 37 good faith, either reports such information to school officials, to the 38 commissioner, or to law enforcement authorities or otherwise initiates, 39 testifies, participates or assists in any formal or informal proceedings 40 under this article, shall have immunity from any civil liability that 41 may arise from the making of such report or from initiating, testifying, 42 participating or assisting in such formal or informal proceedings, and 43 no school district or employee shall take, request or cause a retaliato- 44 ry action against any such person who, acting reasonably and in good 45 faith, either makes such a report or initiates, testifies, participates 46 or assists in such formal or informal proceedings. 47 § 17. Application. Nothing in this article shall: 48 1. Apply to private, religious or denominational educational insti- 49 tutions; or 50 2. Preclude or limit any right or cause of action provided under any 51 local, state or federal ordinance, law or regulation including but not 52 limited to any remedies or rights available under the Individuals With 53 Disabilities Education Act, Title VII of the Civil Rights Law of 1964, 54 section 504 or the Rehabilitation Act of 1973 or the Americans with 55 Disabilities Act of 1990. A. 1118 4 1 § 18. Severability and construction. The provisions of this article 2 shall be severable, and if any court of competent jurisdiction declares 3 any phrase, clause, sentence or provision of this article to be invalid, 4 or its applicability to any government agency, person or circumstance is 5 declared invalid, the remainder of this article and its relevant appli- 6 cability shall not be affected. The provisions of this article shall be 7 liberally construed to give effect to the purposes thereof. 8 § 3. Section 801-a of the education law, as added by chapter 181 of 9 the laws of 2000, is amended to read as follows: 10 § 801-a. Instruction in civility, citizenship and character education. 11 The regents shall ensure that the course of instruction in grades 12 kindergarten through twelve includes a component on civility, citizen- 13 ship and character education. Such component shall instruct students on 14 the principles of honesty, tolerance, personal responsibility, respect 15 for others, observance of laws and rules, courtesy, dignity and other 16 traits which will enhance the quality of their experiences in, and 17 contributions to, the community. The regents shall determine how to 18 incorporate such component in existing curricula and the commissioner 19 shall promulgate any regulations needed to carry out such determination 20 of the regents. For the purposes of this section, "tolerance," "respect 21 for others" and "dignity" shall include awareness and sensitivity to 22 discrimination or harassment and civility in the relations of people of 23 different races, national origins, ethnic groups, religions, religious 24 practices, mental or physical abilities, sexual orientations, genders, 25 and sexes. 26 § 4. Paragraphs l and m of subdivision 2 of section 2801 of the educa- 27 tion law, as added by chapter 181 of the laws of 2000, are amended and a 28 new paragraph n is added to read as follows: 29 l. a minimum suspension period, for students who repeatedly are 30 substantially disruptive of the educational process or substantially 31 interfere with the teacher's authority over the classroom, provided that 32 the suspending authority may reduce such period on a case by case basis 33 to be consistent with any other state and federal law. For purposes of 34 this section, the definition of "repeatedly are substantially disrup- 35 tive" shall be determined in accordance with the regulations of the 36 commissioner; [and] 37 m. a minimum suspension period for acts that would qualify the pupil 38 to be defined as a violent pupil pursuant to paragraph a of subdivision 39 two-a of section thirty-two hundred fourteen of this chapter, provided 40 that the suspending authority may reduce such period on a case by case 41 basis to be consistent with any other state and federal law[.]; and 42 n. provisions to comply with article two of this chapter. 43 § 5. This act shall take effect on the ninetieth day after it shall 44 have become a law, except that any rules or regulations necessary for 45 the timely implementation of this act on its effective date shall be 46 promulgated on or before such date. Go to top Sitemap Request Information Directions and Maps