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
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.