S T A T E O F N E W Y O R K
________________________________________________________________________
5159--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
___________
Introduced by M. of A. ARROYO, RAMOS, D'URSO, GLICK, DICKENS, DAVILA,
BRONSON, PICHARDO, FERNANDEZ, STIRPE, SIMON, EPSTEIN, BLAKE, CRUZ,
M. G. MILLER, RIVERA, DeSTEFANO, ORTIZ, JEAN-PIERRE, SCHMITT, FAHY,
TITUS, SAYEGH, WILLIAMS, RAYNOR -- Multi-Sponsored by -- M. of A.
DE LA ROSA -- read once and referred to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to establishing an educa-
tional program related to the prevention of sexual harassment in
schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
SUBJECT TO AN APPROPRIATION, THE DEPARTMENT SHALL CONTRACT WITH AN
OUTSIDE ENTITY WHO HAS EXPERTISE IN SEXUAL HARASSMENT TRAINING IN
SCHOOLS TO ESTABLISH A SEXUAL HARASSMENT PREVENTION AND EDUCATION
PROGRAM OVERSEEN BY SUCH DEPARTMENT. THE COMMISSIONER SHALL WORK WITH
SUCH OUTSIDE ENTITY, TO ESTABLISH AND DEVELOP AN EDUCATIONAL PROGRAM
WITHIN SUCH DEPARTMENT RELATED TO THE PREVENTION OF SEXUAL HARASSMENT IN
GRADES KINDERGARTEN THROUGH TWELVE. SUCH PROGRAM SHALL BE FURTHER
DEFINED BY SUCH COMMISSIONER IN REGULATION AND SHALL BE DESIGNED TO
EDUCATE STUDENTS, PARENTS AND SCHOOL PERSONNEL ABOUT THE PREVENTION OF
SEXUAL HARASSMENT IN SCHOOLS. SUCH COMMISSIONER, IN COLLABORATION WITH
ANY OTHER STAKEHOLDER GROUPS DEEMED APPROPRIATE BY SUCH COMMISSIONER,
SHALL DEVELOP:
A. THE SEXUAL HARASSMENT PREVENTION AND EDUCATION PROGRAM PREPARED BY
AN OUTSIDE EXPERT ORGANIZATION INTO AGE-APPROPRIATE MODEL CURRICULUM
RESOURCES, INCLUDING EXEMPLAR LESSON PLANS, AND BEST PRACTICE INSTRUC-
TIONAL RESOURCES FOR STUDENTS, PARENTS AND SCHOOL PERSONNEL DESIGNED TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09033-03-9
A. 5159--A 2
PREVENT SEXUAL HARASSMENT IN SCHOOLS. SUCH MODEL CURRICULUM, RESOURCES,
LESSON PLANS AND INSTRUCTIONAL RESOURCES SHALL INCLUDE BUT NOT BE LIMIT-
ED TO GUIDELINES AND METHODS OF PREVENTION, INDICATORS AND WARNING SIGNS
OF SEXUAL HARASSMENT, GUIDELINES AND METHODS TO PREVENT SEXUAL HARASS-
MENT AND HOW TO REPORT COMPLAINTS OF SEXUAL HARASSMENT IN SCHOOLS. SUCH
MODEL CURRICULUM SHALL BE MADE AVAILABLE TO SCHOOL BOARDS, SCHOOL SUPER-
INTENDENTS, THEIR EQUIVALENTS, AND TEACHERS FOR VOLUNTARY IMPLEMENTATION
IN HEALTH EDUCATION CLASSES AND IN HEALTH EDUCATION COURSEWORK;
B. INSTRUCTIONAL TOOLS AND MATERIALS FOR STUDENTS, PARENTS AND SCHOOL
PERSONNEL, WHICH SHALL INCLUDE UPDATED INFORMATION ON HOW TO REPORT
SEXUAL HARASSMENT IN SCHOOLS, WITH A REVIEW OF SUCH INFORMATION TO OCCUR
PERIODICALLY, AT INTERVALS DEEMED APPROPRIATE BY SUCH COMMISSIONER; AND
C. PUBLIC AVAILABILITY OF ALL MATERIALS RELATED TO THE SEXUAL HARASS-
MENT EDUCATION PROGRAM ON SUCH DEPARTMENT'S WEBSITE IN SPANISH, CREOLE,
MANDARIN, KOREAN, BENGALI AND ANY OTHER LANGUAGE PREDOMINANTLY SPOKEN BY
THE POPULATION OF THE STATE.
§ 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.