The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    840
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. GOTTFRIED, SAYEGH, RAMOS, REYES, BRONSON, QUART,
   LAVINE, GLICK, SEAWRIGHT, DINOWITZ, HYNDMAN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00180-01-1

 A. 840                              2
 
 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.