Assembly Bill A7738B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7738
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Education
 
 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:
 
   Section 1. Section 10 of the education law, as added by chapter 482 of
 the laws of 2010, is amended to read as follows:
   § 10. Legislative intent. The legislature finds that students' ability
 to  learn and to meet high academic standards, and a school's ability to
 educate its students, are compromised by incidents of discrimination  or
 harassment  including  bullying,  taunting or intimidation. It is hereby
 declared to be the policy of the state to afford all students [in public
 schools] an environment  free  of  discrimination  and  harassment.  The
 purpose of this article is to foster civility in [public] schools and to
 prevent  and  prohibit  conduct  which  is  inconsistent with a school's
 educational mission.
   § 2. Subdivision 1 of section 11 of the education  law,  as  added  by
 chapter 482 of the laws of 2010, is amended to read as follows:
   1.  "School property" shall mean in or within any building, structure,
 athletic playing field, playground, parking lot, or land contained with-
 in the real property boundary  line  of  [a  public]  AN  elementary  or
 secondary  school;  or  in or on a school bus, as defined in section one
 hundred forty-two of the vehicle and traffic law.
   § 3. Section 17 of the education law, as added by chapter 482  of  the
 laws of 2010, is amended to read as follows:
   § 17. Application. Nothing in this article shall[:
   1.  Apply  to  private, religious or denominational educational insti-
 tutions; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10952-02-7
              

 A. 7738                             2

   2. Preclude] PRECLUDE or limit any right or cause of  action  provided
 under any local, state or federal ordinance, law or regulation including
 but  not  limited to any remedies or rights available under the Individ-
 uals With Disabilities Education Act, Title VII of the Civil Rights  Law
 of  1964, section 504 of the Rehabilitation Act of 1973 or the Americans
 with Disabilities Act of 1990.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7738--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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

 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:
 
   Section 1. Section 10 of the education law, as added by chapter 482 of
 the laws of 2010, is amended to read as follows:
   § 10. Legislative intent. The legislature finds that students' ability
 to learn and to meet high academic standards, and a school's ability  to
 educate  its students, are compromised by incidents of discrimination or
 harassment including bullying, taunting or intimidation.  It  is  hereby
 declared to be the policy of the state to afford all students [in public
 schools]  an  environment  free  of  discrimination  and harassment. The
 purpose of this article is to foster civility in [public] schools and to
 prevent and prohibit conduct  which  is  inconsistent  with  a  school's
 educational mission.
   §  2.  Subdivision  1  of section 11 of the education law, as added by
 chapter 482 of the laws of 2010, is amended to read as follows:
   1. "School property" shall mean in or within any building,  structure,
 athletic playing field, playground, parking lot, or land contained with-
 in  the  real  property  boundary  line  of  [a public] AN elementary or
 secondary school; or in or on a school bus, as defined  in  section  one
 hundred forty-two of the vehicle and traffic law.
   §  3.  Section 17 of the education law, as added by chapter 482 of the
 laws of 2010, is amended to read as follows:
   § 17. Application. Nothing in this article shall[:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10952-04-8

 A. 7738--A                          2

   1. Apply to private, religious or  denominational  educational  insti-
 tutions; or
   2.  Preclude]  PRECLUDE or limit any right or cause of action provided
 under any local, state or federal ordinance, law or regulation including
 but not limited to any remedies or rights available under  the  Individ-
 uals  With Disabilities Education Act, Title VII of the Civil Rights Law
 of 1964, section 504 of the Rehabilitation Act of 1973 or the  Americans
 with Disabilities Act of 1990.
   §  4. Paragraph e of subdivision 1 of section 13 of the education law,
 as added by chapter 102 of the laws of  2012,  is  amended  to  read  as
 follows:
   e.  (I)  require  the  school,  when an investigation reveals any such
 verified harassment, bullying or discrimination, to take prompt  actions
 reasonably calculated to end the harassment, bullying or discrimination,
 eliminate any hostile environment, create a more positive school culture
 and  climate,  prevent recurrence of the behavior, and ensure the safety
 of the student or students against whom  such  harassment,  bullying  or
 discrimination  was  directed. Such actions shall be consistent with the
 guidelines created pursuant to subdivision four of this section.
   (II) SUCH ACTIONS SHALL ALSO INCLUDE A DETERMINATION WHETHER OR NOT TO
 COMMUNICATE WITH THE PARENTS OR PERSONS  IN  PARENTAL  RELATION  OF  THE
 STUDENTS  INVOLVED.  PRIOR  TO THAT DETERMINATION, A SCHOOL COUNSELOR OR
 OTHER PUPIL PERSONNEL  PROFESSIONAL  SHALL  DISCUSS  WITH  THE  STUDENTS
 INVOLVED  WHETHER  THEY  HAVE  ANY HEALTH AND SAFETY OR PRIVACY CONCERNS
 WITH ANY EFFORT MADE BY THE SCHOOL TO COMMUNICATE WITH THEIR PARENTS  OR
 PERSONS  IN  PARENTAL  RELATION ABOUT THE INCIDENT; THE SUBSTANCE OF THE
 DISCUSSION SHALL BE DOCUMENTED. IF A  STUDENT  EXPRESSES  A  HEALTH  AND
 SAFETY  OR PRIVACY CONCERN, THE STUDENT'S PARENTS OR PERSONS IN PARENTAL
 RELATION SHALL NOT BE CONTACTED WITHOUT THE STUDENT'S  WRITTEN  CONSENT.
 IF  A  DETERMINATION  IS MADE TO COMMUNICATE WITH A STUDENT'S PARENTS OR
 PERSONS IN PARENTAL RELATION ABOUT THE INCIDENT OF VERIFIED  HARASSMENT,
 BULLYING  OR DISCRIMINATION, THE COMMUNICATION SHALL BE MADE IN A MANNER
 REASONABLY CALCULATED TO ADDRESS NOT ONLY THE BEHAVIOR AT ISSUE  IN  THE
 VERIFIED INCIDENT, BUT ALSO THE SOCIAL PATTERNS OR OTHER ISSUES UNDERLY-
 ING  AND  LEADING  TO  THE  VERIFIED INCIDENT OF HARASSMENT, BULLYING OR
 DISCRIMINATION;
   § 5. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.