BILL NUMBER:A11082

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring that school anti-harassment
policies are enforced in compliance with the regulations of the
chancellor of the New York city department of education

PURPOSE:

The purpose of this bill is to afford all students an environment free
of any harassment that substantially interferes with their education,
regardless of the basis of the harassment, and free of discrimination
based on actual or perceived race, color, physical characteristic,
medical condition, economic circumstance, school performance, national
origin, ethnic group, religion, disability, sexual orientation,
gender, or sex.

SUMMARY OF PROVISIONS:

This legislation mandates that New York City Department must comply
with Regulation A-832.

The regulation reads as follows:

It is the policy of the New York City Department of Education to
maintain a safe and supportive learning and educational environment
              

that is free from harassment, intimidation, and/or bullying committed
by students against other students on account of race, color, creed,
ethnicity, national origin, citizenship/immigration status, religion,
gender, gender identity, gender expression, sexual orientation or
disability. Such bias-based harassment, intimidation and/or bullying
is prohibited.

B. It is the policy of the New York City Department of Education to
prohibit retaliation against any student, teacher or school employee
who reports an incident of alleged student-to student bias-based
harassment, intimidation and/or bullying or who participates or
assists in an investigation relating to such behavior.

C. Bias-based harassment, intimidation and/or bullying is any
intentional written, verbal, or physical act that a student or group
of students directs at another student or students which: (1) is based
on a student' actual or perceived race, color, creed, ethnicity,
national origin, citizenship/immigration status, religion, gender,
gender identity, gender expression, sexual orientation or disability;
and (2) substantially interferes with a student' ability to
participate in or benefit from an educational program, school
sponsored activity or any other aspect of a student' education; or (3)
creates a hostile, offensive, or intimidating school environment; or
(4) otherwise adversely affects a student' educational opportunities.
The definitions of bias-based behavior are found in Attachment No.1.

D. Bias-based harassment, intimidation and/or bullying may take many
forms and can be physical, verbal or written. Written harassment,
intimidation and/or bullying include electronically transmitted acts,
e.g., via Internet, cell phone, personal digital assistant or wireless
handheld device.


E. Such behavior includes, but is not limited, to:

* Physical violence
* Stalking;
* Threats, taunts, teasing;
* Aggressive or menacing gestures;
* Exclusion from peer groups designed to humiliate or isolate;
* Using derogatory language;

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* Making derogatory jokes or name calling or slurs;
* Written or graphic material, including graffiti, containing comments
or stereotypes that are electronically circulated or are written or
printed.

II. REPORTING PROCEDURES
A. Each principal must designate at least one staff member to whom
reports of bias-based harassment, intimidation and/or bullying can be
made. Complaints may be made in writing or verbally (see Attachment
No.2).

B. Any student who believes that he/she has been the victim of such
behavior should report the incident to the designated staff member or
to any other school employee. Other students and parents may also
report such incidents, and such reports must be handled pursuant to
the procedures in this regulation.

C. If a student feels uncomfortable making a report to a school staff
member, a student may contact the Office of School and Youth
Development (OSYD) by e-mailing the complaint to
RespectforAll@schools.nyc.gov. Examples of circumstances where this
might be appropriate include: if the student is not sure the behavior
is covered by the regulation; if a student previously made a report
and the behavior has continued; or if the student is concerned about
coming forward. In such circumstances, OSYD will determine the
appropriate follow-up action.

D. Any staff member who witnesses student-to-student bias-based
harassment, intimidation and/or bullying or who has knowledge or
information or receives notice that a student may have been the victim
of such behavior by another student is required to promptly report the
alleged act to the designated staff member.

E. Where the principal/designee believes that the alleged conduct
constitutes criminal activity, he/she must contact the police. The
principal/designee may consult with the Office of Legal Services.

F. If the complaint cannot be investigated at the school level due to
the nature and seriousness of the allegation(s), the
principal/designee should consult with the Office of School and Youth
Development.

III. INVESTIGATION
A. Complaints must be investigated promptly and entered into OORS
within 24 hours.


B. The principal/designee must take the following investigative steps,
as soon as practicable, but in any event, not later than five days
after receipt of the complaint:
1. interview the alleged victim and document the conversation;

2. ask the alleged victim to prepare a written statement which
includes as much detail as possible, including a description of the
behavior, when it took place and who may have witnessed it

3. interview the accused student and advise him/her that if the
conduct has occurred, it must cease immediately;

4. ask the accused student to prepare a written statement; and

5. interview any witnesses and obtain their written statements.

C. The principal/designee must advise the parent(s) of the accused
student of the allegations. The principal/designee must also advise
the parent(s) of the alleged victim of the allegations, unless the
alleged victim informs the principal/designee of safety concerns in
regard to such notification. In such case, the principal/designee
shall decide whether to inform the alleged victim's parents following
consideration of privacy and safety concerns.  The principal may
consult with the Office of the General Counsel in making this
decision.

D. In determining whether the alleged conduct constitutes a violation
of this regulation, it is necessary to evaluate the totality of the
circumstances surrounding the conduct. The following facts should be
considered:

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* the ages of the parties involved;
* the nature, severity and scope of the behavior;
* the frequency and duration of the behavior;
* the number of persons involved in the behavior;

* the context in which the conduct occurred;
* where the conduct occurred;
* whether there have been other incidents in the school involving the
same students;
* whether the conduct adversely affected the student's education.

E. The school shall report the results of its investigation of each
complaint filed under these procedures in writing to the alleged
victim within ten school days of the complaint subject to state and
federal laws regarding student records privacy and consistent with the
privacy rights of the alleged harasser.

IV. FOLLOW-UP ACTION
A. Where appropriate, the complaining student and the accused student
should be referred to the guidance counselor, school social worker,
psychologist or other appropriate school staff for separate
counseling.
B. Where appropriate, the principal/designee should utilize
intervention methods, including sensitivity training, counseling,


and/or referral to a community-based agency for counseling, support
and education.
C. Students who have been found to have violated this regulation will
be subject to appropriate disciplinary action pursuant to the
Department of Education' Discipline Code and Chancellor' Regulation
A-443.
D. The principal/designee must follow up to ensure that the conduct
has stopped.

V. NOTIFICATION

A. Each school must conspicuously post" for All" posters in locations
accessible to students, parents * and staff. The posters must contain
the name of the staff member( s) designated to receive reports of
bias-based harassment, intimidation and/or bullying (see Attachment
No.3).

B. A copy of the" for All" brochure must be distributed annually to
parents and students (see Attachment No.4). Parents/students entering
the school during the school year must receive a copy upon
registration.

C. Each principal/designee must ensure that the policy and procedures
set forth in this regulation are discussed with students and staff
members at the beginning of each school year.

D. A copy of this regulation should be made available to parents,
school staff and students upon request.

VI. CONSOLIDATED SCHOOL & YOUTH DEVELOPMENT PLAN
As a part of the annual Consolidated School & Youth Development Plan,
each principal must submit the following information to the central
Office of School & Youth Development:
* the name(s) of the designated "Respect for All" staff member(s), who
will receive reports of bias-based harassment, intimidation, and/or
bullying;
* The term "" whenever used in this regulation, means the student'
parent(s) or guardian(s), or any person(s) in a parental or custodial
relationship to the student, or the student, if he/she is an
emancipated minor or has reached 18 years of age.

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* a plan for providing information and training on this regulation and
respect for all to all students and staff annually, and a plan on
preventing and addressing bias-based harassment.

VII. CONFIDENTIALITY
It is Department of Education policy to respect the privacy of all
parties and witnesses to complaints brought under this regulation.
However, the need for confidentiality must be balanced against the
obligation to cooperate with police investigations, to provide due
process to the accused, and/or to take necessary action to investigate
or resolve the complaint. Therefore, information regarding the
complaint may be disclosed in appropriate circumstances.

VIII. RETALIATION


Students may not retaliate against another student, teacher or school
employee who reports an incident of alleged student-to-student
bias-based harassment, intimidation and/or bullying or who
participates or assists in an investigation relating to such behavior.
Retaliation will be investigated and subject to appropriate
disciplinary action.

EXISTING LAW:

New law.

JUSTIFICATION:

In 2004 the New York City Council enacted Local Law
42 in relation to prohibiting acts of harassment at schools similar to
the statewide Dignity For All Students Act which is currently pending
in the State legislature.

On September 3, 2008 the New York City Department of Education issued
regulation A-832 to assist in the compliance of Local Law
42. The regulation outlines procedures for the reporting and
investigation of bias and harassment in New York City Schools.

On July 1, 2009 the New York Daily News reported the Department of
Education has not implemented the regulations. Both the Sikh Coalition
and the NYCLU have issued reports outlining the problem.

The continues to be continued harassment of students based on
religion, gender identity, language ability, sexual orientation and
many other forms.

One report surveyed 1,100 students and teachers and found a quarter of
students were victims of bias-based harassment and many were unaware
of reporting procedures. Department of Education surveys filled out by
400,000 students showed that 74% students in 2008 and 71% in 2009
reported bullying in schools.

This legislation will insure that the NYC Department of Education
follows its own guidelines.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediately.