The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10659

                          I N  A S S E M B L Y

                              May 10, 2018
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred 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:

  Section  1. Section 13 of the education law is amended by adding a new
subdivision 6 to read as follows:
  6. POLICIES AND PROCEDURES THAT ENSURE THAT SCHOOLS  DO  NOT  TREAT  A
TRANSGENDER  OR  GENDER  NON-CONFORMING STUDENT DIFFERENTLY FROM THE WAY
THEY TREAT  OTHER  STUDENTS  OF  THE  SAME  GENDER  IDENTITY  OR  GENDER
EXPRESSION THAT INCLUDE, BUT ARE NOT LIMITED TO POLICIES WHICH:
  A. ENSURE THAT SCHOOLS AND SCHOOL EMPLOYEES TREAT STUDENTS CONSISTENT-
LY  WITH  THEIR  GENDER IDENTITY OR EXPRESSION, INCLUDING USING PRONOUNS
AND NAMES CONSISTENT WITH THE STUDENT'S GENDER IDENTITY  OR  EXPRESSION,
EVEN  IF  THEIR EDUCATION RECORDS OR IDENTIFICATION DOCUMENTS INDICATE A
DIFFERENT SEX. SCHOOLS SHALL NOT REQUIRE THAT STUDENTS OBTAIN A  MEDICAL
DIAGNOSIS,  TREATMENT,  OR  IDENTIFICATION  DOCUMENTS THAT REFLECT THEIR
GENDER IDENTITY OR EXPRESSION AS A PREREQUISITE TO TREATING THE STUDENTS
CONSISTENT WITH THEIR GENDER IDENTITY OR EXPRESSION;
  B. ALLOW STUDENTS TO  PARTICIPATE  IN  SEX-SEGREGATED  ACTIVITIES  AND
ACCESS  SEX-SEGREGATED  FACILITIES,  INCLUDING  BUT NOT LIMITED TO REST-
ROOMS, LOCKER ROOMS, ATHLETICS TEAMS, STUDENT ORGANIZATIONS,  SINGLE-SEX
CLASSES,  AND  STUDENT  HOUSING OR OVERNIGHT ACCOMMODATIONS, IN A MANNER
CONSISTENT WITH THE STUDENT'S GENDER IDENTITY OR EXPRESSION; AND
  C. PROTECT STUDENTS' PRIVACY RELATED TO THEIR  TRANSGENDER  OR  GENDER
NON-CONFORMING  STATUS,  INCLUDING  THEIR  BIRTH NAME OR SEX ASSIGNED AT
BIRTH, AND ALLOW STUDENTS TO REQUEST THAT A SCHOOL AMEND INFORMATION  IN
THE  STUDENT'S  EDUCATION  RECORDS  RELATING TO THEIR GENDER IDENTITY OR
EXPRESSION THAT IS  INACCURATE,  MISLEADING,  OR  IN  VIOLATION  OF  THE
STUDENT'S PRIVACY RIGHTS.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD10276-01-7