A. 8396--B 2
ARE ESSENTIAL GATEKEEPERS FOR RECOGNIZING WARNING SIGNS OF SUICIDE AND
MAKING THE APPROPRIATE REFERRALS FOR HELP.
3. IN A NATIONAL SURVEY CONDUCTED BY THE JASON FOUNDATION, A TEACHER
WAS IDENTIFIED AS THE NUMBER ONE PERSON TO WHOM A STUDENT WOULD TURN TO
HELP A FRIEND WHO MIGHT BE SUICIDAL. IT IS IMPERATIVE THAT WHEN A YOUNG
PERSON COMES TO A TEACHER FOR HELP, SUCH TEACHER HAS THE KNOWLEDGE,
TOOLS, AND RESOURCES TO RESPOND CORRECTLY.
4. IN THE YEAR TWO THOUSAND TWENTY-THREE, THE FEDERAL CENTERS FOR
DISEASE CONTROL AND PREVENTION FOUND IN ITS YOUTH RISK BEHAVIOR SURVEY
THAT LESBIAN, GAY, BISEXUAL AND QUESTIONING PLUS (LGBQ+) HIGH SCHOOL
STUDENTS ARE MORE THAN THREE TIMES MORE LIKELY TO SERIOUSLY CONSIDER
ATTEMPTING SUICIDE THAN THEIR HETEROSEXUAL PEERS AND ONE IN FIVE
ATTEMPTED SUICIDE. MOREOVER, MORE THAN THREE IN FIVE LGBQ+ STUDENTS
EXPERIENCED PERSISTENT FEELINGS OF SADNESS OR HOPELESSNESS. IN THE TWO
THOUSAND TWENTY-FOUR TREVOR PROJECT NATIONAL SURVEY, TWO IN FIVE OF
LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING PLUS (LGBTQ+)
YOUTH SERIOUSLY CONSIDERED ATTEMPTING SUICIDE IN THE PAST YEAR, AND
TWELVE PERCENT ATTEMPTED SUICIDE.
5. THERE ARE NATIONAL HOTLINES AVAILABLE TO HELP ADULTS AND YOUTH,
INCLUDING LGBTQ YOUTH, WHO ARE EXPERIENCING SUICIDAL IDEATION OR WHO ARE
WORRIED ABOUT A FAMILY MEMBER OR PEER WHO MAY BE AT RISK, INCLUDING THE
NATIONAL SUICIDE PREVENTION LIFELINE, THE CRISIS TEXT LINE, THE TREVOR
PROJECT LIFELINE, AND TREVORCHAT.
6. ACCORDING TO THE FAMILY ACCEPTANCE PROJECT, RESEARCH HAS FOUND
THAT, FOR AN LGBTQ YOUTH, HAVING AT LEAST ONE SUPPORTIVE ADULT CAN
REDUCE THE YOUTH'S RISK OF SUICIDE.
7. NEW YORK STATE SCHOOLS FACE THE SERIOUS ISSUES OF STUDENTS AT HIGH
RISK OF SUICIDE AND DEATH BY SUICIDE IN THE SCHOOL COMMUNITIES. SCHOOL
PERSONNEL MUST BE SUPPORTED BY CLEAR POLICIES AND PROCEDURES, WHICH
SERVE AS AN EASILY-ACCESSIBLE ROADMAP, ELIMINATE CONFUSION OVER EDUCATOR
ROLES AND THE REFERRAL PROCESS, AND EQUIP EDUCATORS WITH THE TOOLS TO
RESPOND SAFELY WHEN A SUICIDE DOES OCCUR IN THE SCHOOL COMMUNITY.
§ 25. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CRISIS SITUATION" MEANS A
SITUATION WHERE A TEACHER OR OTHER LOCAL EDUCATIONAL AGENCY EMPLOYEE
BELIEVES A STUDENT OR OTHER INDIVIDUAL IS IN IMMINENT DANGER OF A
SUICIDE ATTEMPT.
2. "LGBTQ" MEANS LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUES-
TIONING.
3. "LOCAL EDUCATIONAL AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES, SCHOOL, OR THE EDUCATION DEPARTMENT.
4. "SUICIDE INTERVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE IN
RESPONSE TO SUICIDAL BEHAVIOR BY A STUDENT, INCLUDING, BUT NOT LIMITED
TO:
A. STUDENT SUPERVISION;
B. NOTIFICATION OF PARENTS OR GUARDIANS;
C. CRISIS SITUATION RESPONSE PROTOCOLS;
D. WHEN AND HOW TO REQUEST AN IMMEDIATE MENTAL HEALTH ASSESSMENT OR
EMERGENCY SERVICES; AND
E. SCHOOL RE-ENTRY SUPPORT FOLLOWING A STUDENT MENTAL HEALTH CRISIS.
5. "SUICIDE POSTVENTION" MEANS PLANNED SUPPORT AND INTERVENTIONS
SCHOOLS CAN IMPLEMENT AFTER A SUICIDE ATTEMPT OR SUICIDE DEATH OF A
MEMBER OF THE SCHOOL COMMUNITY THAT ARE DESIGNED TO:
A. REDUCE THE RISK OF THE SPREAD OF SUICIDAL THOUGHTS OR INTENTIONS;
B. PROVIDE SUPPORT FOR AFFECTED STUDENTS AND SCHOOL-BASED PERSONNEL;
C. ADDRESS THE SOCIAL STIGMA ASSOCIATED WITH SUICIDE; AND
A. 8396--B 3
D. DISSEMINATE FACTUAL INFORMATION ABOUT SUICIDE AND ITS PREVENTION.
6. "SUICIDE PREVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE TO
RECOGNIZE AND REDUCE SUICIDAL BEHAVIOR, INCLUDING, BUT NOT LIMITED TO:
A. IDENTIFYING RISKS AND PROTECTIVE FACTORS FOR SUICIDE AND SUICIDE
WARNING SIGNS;
B. ESTABLISHING A PROCESS BY WHICH STUDENTS ARE REFERRED TO A MENTAL
AND BEHAVIORAL HEALTH PROVIDER FOR HELP;
C. MAKING AVAILABLE SCHOOL-BASED AND COMMUNITY-BASED MENTAL HEALTH
SUPPORTS;
D. PROVIDING THE LOCATION OF AVAILABLE ONLINE AND COMMUNITY SUICIDE
PREVENTION RESOURCES, INCLUDING LOCAL CRISIS CENTERS AND HOTLINES;
E. ADOPTING POLICIES AND PROTOCOLS REGARDING SUICIDE PREVENTION,
INTERVENTION, AND POSTVENTION, SCHOOL SAFETY, AND RESPONSE TO CRISIS
SITUATIONS;
F. TRAINING FOR CLASSROOM TEACHERS, SCHOOL COUNSELORS, SCHOOL PSYCHOL-
OGISTS, SCHOOL SOCIAL WORKERS, SCHOOL COACHES, SCHOOL ADMINISTRATORS OR
SUPERVISORS AND THE SUPERINTENDENT OF SCHOOLS IN RECOGNIZING SUICIDE
RISKS AND WARNING SIGNS AND HOW TO REFER STUDENTS FOR FURTHER ASSESSMENT
AND EVALUATION; AND
G. INSTRUCTION TO STUDENTS IN PROBLEM-SOLVING AND COPING SKILLS TO
PROMOTE STUDENTS' MENTAL, EMOTIONAL, AND SOCIAL HEALTH AND WELL-BEING,
AND INSTRUCTION IN RECOGNIZING AND APPROPRIATELY RESPONDING TO SIGNS OF
SUICIDAL INTENT IN OTHERS.
§ 26. POLICIES, PROCEDURES, AND GUIDELINES. 1. THE GOVERNING BOARD OR
BODY OF EVERY LOCAL EDUCATIONAL AGENCY THAT SERVES STUDENTS IN GRADES
SEVEN TO TWELVE, INCLUSIVE, SHALL, BEFORE THE FIRST DAY OF AUGUST, TWO
THOUSAND TWENTY-SEVEN, ADOPT POLICIES, PROCEDURES, AND GUIDELINES ON
STUDENT SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION FOR STUDENTS
IN SUCH GRADES. SUCH POLICIES, PROCEDURES, AND GUIDELINES SHALL BE
DEVELOPED IN CONSULTATION WITH SCHOOL AND COMMUNITY STAKEHOLDERS,
SCHOOL-EMPLOYED MENTAL HEALTH PROFESSIONALS, AND SUICIDE PREVENTION
EXPERTS, AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. METHODS TO INCREASE AWARENESS OF THE RELATIONSHIP BETWEEN SUICIDE
AND SUICIDE RISK FACTORS INCLUDING, BUT NOT LIMITED TO:
I. MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
II. CHILDHOOD ABUSE, NEGLECT, OR TRAUMA;
III. PROLONGED STRESS, INCLUDING INDIVIDUAL EXPERIENCES SUCH AS BULLY-
ING, HARASSMENT, FAMILY OR RELATIONSHIP STRESS, OR OTHER STRESSFUL LIFE
EVENTS, AS WELL AS COLLECTIVE STRESSORS SUCH AS SYSTEMIC BIAS AND
DISCRIMINATION;
IV. EXPOSURE TO ANOTHER PERSON'S SUICIDE, OR SENSATIONALIZED OR GRAPH-
IC ACCOUNTS OF SUICIDE; AND
V. PREVIOUS SUICIDE ATTEMPTS OR HISTORY OF SUICIDE WITHIN A STUDENT'S
FAMILY;
B. IDENTIFICATION OF TRAINING OPPORTUNITIES ON RECOGNIZING SUICIDE
RISKS, COORDINATION WITH TRAINING CONDUCTED PURSUANT TO ARTICLE TWO OF
THIS CHAPTER, AND IDENTIFICATION OF REFERRAL PROCEDURES AVAILABLE TO
SCHOOL EMPLOYEES;
C. AVAILABILITY OF EXPERTISE FROM SCHOOL EMPLOYEES WHO HAVE BEEN
TRAINED IN RECOGNIZING SUICIDE RISKS, AND REFERRAL PROCEDURES;
D. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO SUSPICION, CONCERNS, OR
WARNING SIGNS OF SUICIDE IN STUDENTS;
E. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO A CRISIS SITUATION WHERE A
STUDENT IS IN IMMINENT DANGER TO THEMSELF;
A. 8396--B 4
F. POLICIES AND PROTOCOLS FOR COMMUNICATION WITH PARENTS, INCLUDING
THOSE THAT SPECIFY WHAT TO DO IF PARENTAL NOTIFICATION IS NOT IN THE
BEST INTEREST OF THE STUDENT;
G. COUNSELING SERVICES AVAILABLE WITHIN THE SCHOOL FOR STUDENTS AND
THEIR FAMILIES THAT ARE RELATED TO SUICIDE PREVENTION;
H. AVAILABILITY OF INFORMATION CONCERNING CRISIS SITUATION INTER-
VENTION, SUICIDE PREVENTION, AND MENTAL HEALTH SERVICES IN THE COMMUNITY
FOR STUDENTS AND THEIR FAMILIES AND SCHOOL EMPLOYEES;
I. IDENTIFICATION AND DEVELOPMENT OF PARTNERSHIPS WITH COMMUNITY
ORGANIZATIONS AND AGENCIES, INCLUDING AFTER-SCHOOL PROGRAMS OFFERING
MENTAL HEALTH AND SUICIDE PREVENTION SERVICES, FOR REFERRAL OF STUDENTS
TO HEALTH, MENTAL HEALTH, SUBSTANCE USE, AND SOCIAL SUPPORT SERVICES,
INCLUDING DEVELOPMENT OF AT LEAST ONE MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOCAL EDUCATION AGENCY AND SUCH AN ORGANIZATION OR AGENCY IN
THE COMMUNITY OR REGION, OTHER THAN A LAW ENFORCEMENT AGENCY;
J. DEVELOPMENT OF A CULTURALLY COMPETENT PLAN TO ASSIST SURVIVORS OF
ATTEMPTED SUICIDE AND TO ASSIST STUDENTS AND SCHOOL EMPLOYEES IN COPING
WITH AN ATTEMPTED SUICIDE OR A SUICIDE DEATH WITHIN THE SCHOOL COMMUNI-
TY;
K. DEVELOPMENT OF A PLAN FOR SCHOOL RE-ENTRY SUPPORT FOLLOWING A
STUDENT MENTAL HEALTH CRISIS, INCLUDING COORDINATION WITH THE STUDENT'S
MENTAL HEALTH PROVIDER, A DESIGNATED SCHOOL-BASED SUPPORT PERSON, AND A
TRAUMA-INFORMED PLAN FOCUSED ON REINTEGRATING THE STUDENT BACK INTO THE
SCHOOL COMMUNITY; AND
L. DEVELOPMENT OF ANY OTHER RELATED PROGRAM OR ACTIVITY FOR STUDENTS
OR SCHOOL EMPLOYEES.
2. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL SPECIFICALLY ADDRESS THE NEEDS OF HIGH-
RISK GROUPS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
A. YOUTH WHO HAVE LOST A FRIEND OR FAMILY MEMBER TO SUICIDE;
B. YOUTH WITH DISABILITIES OR WITH CHRONIC HEALTH CONDITIONS, INCLUD-
ING MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
C. YOUTH EXPERIENCING HOMELESSNESS OR IN OUT-OF-HOME SETTINGS, SUCH AS
FOSTER CARE;
D. LGBTQ YOUTH; AND
E. STUDENTS WHO HAVE BEEN THE TARGET OF HARASSMENT, BULLYING, COERCIVE
CONTROL OR DISCRIMINATION.
3. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL BE WRITTEN TO ENSURE THAT A SCHOOL
EMPLOYEE ACTS ONLY WITHIN THE AUTHORIZATION AND SCOPE OF SUCH EMPLOYEE'S
CREDENTIAL OR LICENSE. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
AUTHORIZING OR ENCOURAGING A SCHOOL EMPLOYEE TO DIAGNOSE OR TREAT MENTAL
HEALTH CONDITIONS UNLESS SUCH EMPLOYEE IS SPECIFICALLY LICENSED AND
EMPLOYED TO DO SO.
4. THE POLICIES, PROCEDURES AND GUIDELINES ADOPTED PURSUANT TO THIS
SECTION SHALL INCORPORATE THE TERMS OF THE SCHOOL'S WRITTEN CONTRACT OR
MEMORANDUM OF UNDERSTANDING ON THE ROLE OF LAW ENFORCEMENT AS REQUIRED
PURSUANT TO SECTION TWO THOUSAND EIGHT HUNDRED ONE-A OF THIS CHAPTER,
ENSURE THAT SCHOOL OFFICIALS ARE SOLELY RESPONSIBLE FOR RESPONDING TO
STUDENT BEHAVIOR, AND MAKE CLEAR THAT UNLESS OTHERWISE AUTHORIZED BY
STATE LAW, ANY DETERMINATION THAT A STUDENT REQUIRES HOSPITAL TRANSPORT
FOR A MENTAL HEALTH EVALUATION SHALL BE MADE, WHENEVER PRACTICABLE, BY A
CLINICALLY TRAINED MENTAL HEALTH PROFESSIONAL EMPLOYED OR CONTRACTED BY
THE SCHOOL. SUCH STUDENT SHALL BE ACCOMPANIED DURING SUCH TRANSPORT BY
A SCHOOL SOCIAL WORKER, GUIDANCE COUNSELOR, NURSE, THERAPIST OR A DESIG-
NATED SCHOOL EMPLOYEE, AND SUCH PERSON SHALL STAY WITH THE STUDENT UNTIL
A. 8396--B 5
THEIR PARENT OR PARENT'S DESIGNEE ARRIVES. THE SCHOOL SHALL BE RESPONSI-
BLE FOR CONTACTING THE PARENT WHEN SUCH HOSPITAL TRANSPORT IS NEEDED.
5. TO ASSIST LOCAL EDUCATIONAL AGENCIES IN DEVELOPING POLICIES FOR
STUDENT SUICIDE PREVENTION, THE DEPARTMENT SHALL DEVELOP AND MAINTAIN
MODEL POLICIES, PROCEDURES, AND GUIDELINES IN ACCORDANCE WITH THIS
SECTION AND A PUBLICLY AVAILABLE, ANNUALLY UPDATED STATEWIDE RESOURCE
GUIDE OF MENTAL HEALTH, BEHAVIORAL HEALTH AND SUICIDE PREVENTION
SERVICES TO SERVE AS A GUIDE FOR LOCAL EDUCATIONAL AGENCIES. SUCH MODEL
POLICIES, PROCEDURES, AND GUIDELINES SHALL BE POSTED WITHIN THIRTY DAYS
OF THEIR COMPLETION ON THE DEPARTMENT'S INTERNET WEBSITE, ALONG WITH
RELEVANT RESOURCES AND INFORMATION TO SUPPORT SCHOOLS IN DEVELOPING AND
IMPLEMENTING THE POLICIES, PROCEDURES, AND GUIDELINES REQUIRED UNDER
SUBDIVISION ONE OF THIS SECTION.
6. THE GOVERNING BOARD OR BODY OF A LOCAL EDUCATIONAL AGENCY THAT
SERVES STUDENTS IN GRADES SEVEN TO TWELVE, INCLUSIVE, SHALL REVIEW, AT
MINIMUM EVERY FIFTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
ITS POLICIES, PROCEDURES, AND GUIDELINES ON STUDENT SUICIDE PREVENTION
AND, IF NECESSARY, UPDATE SUCH POLICIES, PROCEDURES, AND GUIDELINES.
§ 27. REPORTING. 1. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, SHALL CREATE A PROCEDURE UNDER WHICH INCIDENTS OF
SUICIDE OR ATTEMPTED SUICIDE BY STUDENTS ARE REPORTED TO THE DEPARTMENT
EVERY FIVE YEARS BY THE FIRST DAY OF SEPTEMBER, PROVIDED THAT SUCH
REPORTING SHALL NOT CONTAIN INFORMATION IDENTIFIABLE WITH ANY INDIVIDUAL
STUDENT. SUCH PROCEDURE SHALL PROVIDE THAT SUCH REPORTS SHALL ALSO
DELINEATE WHETHER SUCH STUDENT WAS THE SUBJECT OF A REPORT OF HARASS-
MENT, BULLYING, COERCIVE CONTROL OR DISCRIMINATION; AND WHETHER THEY HAD
TRANSFERRED INTO THE SCHOOL WITHIN THE PRECEDING TWELVE MONTHS. IN ADDI-
TION, THE DEPARTMENT SHALL REQUEST THE COMPTROLLER TO UNDERTAKE STUDIES
TO DETERMINE COMPLIANCE THROUGHOUT THE STATE WITH THE PROVISIONS OF THIS
ARTICLE.
2. THE COMMISSIONER SHALL USE SUCH REPORTS AND DATA TO IDENTIFY
SCHOOLS AND DISTRICTS THAT MAY BENEFIT FROM ASSISTANCE TO MEET THE STAN-
DARDS AND OBJECTIVES OF THIS ARTICLE. THE COMMISSIONER SHALL PROMULGATE
POLICIES AND PROCEDURES FOR IMPROVING CONDITIONS AT THESE SCHOOLS TO
ENSURE PROPER TRAINING, SUPPORT, AND COMPLIANCE WITH ALL REQUIREMENTS.
3. THE COMMISSIONER SHALL DELIVER THE REPORT REFERENCED IN SUBDIVISION
ONE OF THIS SECTION TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE
ASSEMBLY, CHAIR AND RANKING MEMBER OF THE SENATE EDUCATION COMMITTEE AND
CHAIR AND RANKING MEMBER OF THE ASSEMBLY EDUCATION COMMITTEE EVERY TWO
YEARS ON OR BEFORE THE FIRST DAY OF NOVEMBER.
§ 28. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
PRIVATE AND PUBLIC EDUCATIONAL INSTITUTIONS, INCLUDING CHARTER SCHOOLS,
IN NEW YORK STATE.
§ 29. SEVERABILITY AND CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE
SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION DECLARES
ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE TO BE INVALID,
OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
DECLARED INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLI-
CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL BE
LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
§ 3. 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
A. 8396--B 6
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, WHETHER IN
THE SCHOOL BUILDING OR ON THE INTERNET. 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.
§ 4. Subdivisions 1, 2, 7 and 8 of section 11 of the education law,
subdivisions 1 and 2 as added by chapter 482 of the laws of 2010 and
subdivision 7 as amended and subdivision 8 as added by chapter 102 of
the laws of 2012, are amended and three new subdivisions 11, 12 and 13
are added 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 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; OR IN OR WITHIN A SCHOOL
ADMINISTRATIVE BUILDING.
2. "School function" shall mean A SCHOOL BOARD OR TRUSTEE MEETING OR a
school-sponsored OR SCHOOL-AUTHORIZED extra-curricular event or activity
REGARDLESS OF WHERE SUCH EVENT OR ACTIVITY TAKES PLACE, INCLUDING ANY
EVENT OR ACTIVITY THAT MAY TAKE PLACE IN ANOTHER STATE INCLUDING BUT NOT
LIMITED TO FIELD TRIPS AND ATHLETIC PRACTICES, SCRIMMAGES AND EVENTS.
7. "Harassment" [and "bullying"] shall mean the creation of a hostile
environment BY A FELLOW MEMBER OF THE SCHOOL COMMUNITY OR AN AGENT OF
SUCH MEMBER by conduct or by threats, intimidation or abuse, including
BY BULLYING, cyberbullying OR COERCIVE CONTROL, that (a) has or would
have the effect of unreasonably [and substantially] interfering with [a]
SUCH student's educational performance, opportunities or benefits, or
mental, emotional or physical well-being; or (b) reasonably causes or
would reasonably be expected to cause [a] SUCH student to fear for [his
or her] THEIR physical safety; or (c) reasonably causes or would reason-
ably be expected to cause physical injury or emotional harm to [a] SUCH
student; or (d) occurs off school property and creates or would foresee-
ably create a risk of [substantial] UNREASONABLE disruption within the
school environment, where it is foreseeable that the conduct, threats,
intimidation or abuse might reach school property. Acts of harassment,
[and] bullying AND COERCIVE CONTROL shall include, but not be limited
to, [those] acts based on a person's actual or perceived race, color,
weight, AGE, PHYSICAL CHARACTERISTICS, national origin, ethnic group,
religion, religious practice, disability, sexual orientation, gender or
sex. For the purposes of this definition the term "threats, intimidation
or abuse" shall include verbal and non-verbal actions.
8. "Cyberbullying" [shall mean] IS A TYPE OF harassment [or], INCLUD-
ING bullying OR COERCIVE CONTROL as defined in subdivision seven of this
section, [including paragraphs (a), (b), (c) and (d) of such subdivi-
sion,] where such harassment [or bullying] occurs through any form of
electronic communication, INCLUDING BUT NOT LIMITED TO CELL PHONES,
EMAIL, SOCIAL MEDIA, CHAT ROOMS OR TEXT MESSAGING.
11. "BULLYING" IS A TYPE OF HARASSMENT AS DEFINED IN THIS SECTION THAT
SHALL MEAN A PATTERN OF DELIBERATE AGGRESSIVE ACTS BY A PERSON OR GROUP
INTENDED TO HARM, DOMINATE OR HUMILIATE ANOTHER PERSON WHO IS IN ANY WAY
PERCEIVED TO BE MORE VULNERABLE THAN THE AGGRESSOR. BULLYING MAY INVOLVE
VERBAL ATTACKS, TEASING, PHYSICAL ATTACKS, OR THREATS OF HARM TO SUCH
OTHER PERSON OR ANOTHER PERSON, INTENTIONALLY SHARING PERSONAL OR
PRIVATE INFORMATION OR IMAGES ABOUT SOMEONE WITHOUT THEIR CONSENT CAUS-
ING EMBARRASSMENT OR REPUTATIONAL HARM TO THEM, INTENTIONALLY ALTERING
A. 8396--B 7
THE PERSONAL INFORMATION OR THE SOCIAL MEDIA ACCOUNT OF A PERSON WITHOUT
THEIR CONSENT, INTENTIONALLY USING ARTIFICIAL INTELLIGENCE TO MIMIC OR
ALTER A PERSON'S LIKENESS OR VOICE WITHOUT THEIR CONSENT, DELIBERATELY
EXCLUDING A PERSON FROM ACTIVITIES, OR OTHER FORMS OF INTIMIDATION. THE
DELIBERATE TARGETING OF A MORE VULNERABLE PERSON BY ONE PERSON OR A
GROUP OF PERSONS DISTINGUISHES "BULLYING" FROM "CONFLICT" OR OTHER KINDS
OF AGGRESSION NOT ADDRESSED BY THIS ARTICLE. "BULLYING" INVOLVES ONE
PERSON OR A GROUP WITH AN INTENT TO HARM, DOMINATE OR HUMILIATE ANOTHER
PERSON WHO IS PERCEIVED BY THE BULLY AS HAVING LESS POWER, INCLUDING BUT
NOT LIMITED TO LESS PHYSICAL STRENGTH OR SOCIAL POWER, AND IN A
"CONFLICT" THERE IS A DISAGREEMENT BETWEEN TWO ACTIVE PARTIES.
12. "COERCIVE CONTROL" IS A TYPE OF HARASSMENT AS DEFINED IN THIS
SECTION THAT SHALL MEAN A PATTERN OF BEHAVIOR USED BY A PERSON WITH
LEVERAGE OVER ANOTHER PERSON TO INFLUENCE SUCH OTHER PERSON'S CONDUCT BY
DOMINATING, ISOLATING OR INSTILLING FEAR OR CONFUSION IN THEM AND WHICH
RESULTS IN DISTRESS OR ERODES THEIR SENSE OF AUTONOMY OR SAFETY. COER-
CIVE CONTROL MAY MANIFEST BETWEEN STUDENT PARTNERS IN AN AFFECTIONATE
RELATIONSHIP OR BETWEEN A SCHOOL EMPLOYEE, SCHOOL COACH OR BOARD MEMBER
OR TRUSTEE AND A STUDENT, AND MAY INVOLVE SURVEILLANCE OVER THE OTHER
PERSON, ISOLATING THE OTHER PERSON FROM FRIENDS OR FAMILY, GASLIGHTING
THE OTHER PERSON, PUNISHING THE OTHER PERSON FOR ASSERTING AUTONOMY, OR
ASSERTING RULES OVER THE OTHER PERSON'S FRIENDSHIPS, CLOTHING, MOVE-
MENTS, COMMUNICATIONS, BODILY AUTONOMY OR EMOTIONAL EXPRESSION THROUGH
FEAR, GUILT OR MANIPULATION.
13. "GASLIGHTING" SHALL MEAN THE ACT OF MANIPULATING A PERSON INTO
DOUBTING THEIR OWN PERCEPTIONS, MEMORY, OR UNDERSTANDING OF REALITY.
§ 5. Subdivision 1 of section 12 of the education law, as amended by
chapter 102 of the laws of 2012, is amended to read as follows:
1. No student shall be subjected to harassment [or], bullying OR COER-
CIVE CONTROL by employees, SCHOOL COACHES, SCHOOL BOARD MEMBERS OR TRUS-
TEES, or students on school property [or], at a school function OR
THROUGH ANY FORM OF ELECTRONIC COMMUNICATION; nor shall any student be
subjected to discrimination based on a person's actual or perceived
race, color, weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender, or sex by school
employees, SCHOOL COACHES, SCHOOL BOARD MEMBERS OR TRUSTEES, or students
on school property [or], at a school function OR THOUGH ANY FORM OF
ELECTRONIC COMMUNICATION. Nothing in this subdivision shall be
construed to prohibit a denial of admission into, or exclusion from, a
course of instruction based on a person's gender that would be permissi-
ble under section thirty-two hundred one-a or paragraph (a) of subdivi-
sion two of section twenty-eight hundred fifty-four of this chapter and
title IX of the Education Amendments of 1972 (20 U.S.C. section 1681,
et. seq.), or to prohibit, as discrimination based on disability,
actions that would be permissible under section 504 of the Rehabili-
tation Act of 1973.
§ 6. Subdivisions 1, 2, 4 and 5 of section 13 of the education law,
subdivisions 1 and 2 as amended and subdivisions 4 and 5 as added by
chapter 102 of the laws of 2012, are amended and a new subdivision 6 is
added to read as follows:
1. Policies and procedures intended to create a school environment
that is free from harassment, bullying, COERCIVE CONTROL and discrimi-
nation, that include but are not limited to provisions which:
a. identify the principal, superintendent or the principal's or super-
intendent's designee as the school employee charged with receiving
reports of harassment, bullying, COERCIVE CONTROL and discrimination;
A. 8396--B 8
b. enable students and parents to make an oral or written report of
harassment, bullying, COERCIVE CONTROL or discrimination to teachers,
administrators and other school personnel that the school district deems
appropriate, AS IDENTIFIED IN THE DISTRICT'S POLICIES, PROCEDURES AND
GUIDELINES;
c. require school employees, SCHOOL COACHES OR SCHOOL BOARD MEMBERS OR
TRUSTEES who witness harassment, bullying, COERCIVE CONTROL or discrimi-
nation, or receive an oral or written report of harassment, bullying,
COERCIVE CONTROL or discrimination, to promptly orally notify the prin-
cipal, superintendent or the principal's or superintendent's designee,
OR IN THE CASE OF AN EMPLOYEE, SCHOOL COACH OR SCHOOL BOARD MEMBER OR
TRUSTEE WHO RECEIVES A WRITTEN REPORT, TO PROMPTLY DELIVER SUCH REPORT,
not later than one school day after such school employee, SCHOOL COACH
OR SCHOOL BOARD MEMBER OR TRUSTEE witnesses or receives a report of
harassment, bullying, COERCIVE CONTROL or discrimination[, and to file a
written report with the principal, superintendent or the principal or
superintendent's designee not later than two school days after making
such oral report];
d. require the principal, superintendent or the principal's or super-
intendent's designee to (I) PREPARE A WRITTEN REPORT NOT LATER THAN ONE
SCHOOL DAY AFTER RECEIVING AN ORAL REPORT OF HARASSMENT, BULLYING, COER-
CIVE CONTROL OR DISCRIMINATION FROM A SCHOOL EMPLOYEE, SCHOOL COACH OR
SCHOOL BOARD MEMBER OR TRUSTEE; (II) lead or supervise the thorough
investigation of all reports of harassment, bullying, COERCIVE CONTROL
and discrimination, INCLUDING TO PROMPTLY BUT NOT LATER THAN ONE SCHOOL
DAY AFTER RECEIVING A REPORT OF HARASSMENT, BULLYING, COERCIVE CONTROL
OR DISCRIMINATION, CONTACT THE INDIVIDUAL WHO MADE SUCH REPORT, WHERE
POSSIBLE, TO DISCUSS ALLEGATIONS, ANY WITNESSES OR OTHER CORROBORATION
INCLUDING BUT NOT LIMITED TO SCREENSHOTS OF ELECTRONIC COMMUNICATIONS,
AND DESIRED RESOLUTIONS, AND TO PREPARE A WRITTEN REPORT OF SUCH MEET-
ING; and [to] (III) ensure that such investigation is completed promptly
after THE COMPLETION OR receipt of any written reports made under this
section;
e. require the school, when an investigation reveals any such verified
harassment, bullying, COERCIVE CONTROL or discrimination, to take prompt
actions reasonably calculated to end the harassment, bullying, COERCIVE
CONTROL 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, COERCIVE CONTROL or discrimination was
directed. Such actions shall be consistent with the guidelines created
pursuant to subdivision four of this section;
f. prohibit retaliation against any individual who, in good faith,
reports, or assists in the investigation of, harassment, bullying, COER-
CIVE CONTROL or discrimination;
F-1. PROVIDE FOR THE RECEIPT OF CREDIBLE ANONYMOUS TIPS AND INFORMA-
TION REGARDING HARASSMENT, BULLYING, COERCIVE CONTROL OR DISCRIMINATION;
g. include a school strategy to prevent harassment, bullying, COERCIVE
CONTROL and discrimination, INCLUDING BUT NOT LIMITED TO, PARENT EDUCA-
TION SESSIONS AND SEMIANNUAL AGE-APPROPRIATE SCHOOL ASSEMBLIES REGARDING
TOPICS SUCH AS CONFLICT RESOLUTION AND DE-ESCALATION TECHNIQUES;
h. require the principal to make a regular report on data and trends
related to harassment, bullying, COERCIVE CONTROL and discrimination to
the superintendent AND SHALL, PURSUANT TO THE DIRECTION OF THE BOARD OF
EDUCATION OR THE TRUSTEES OR SOLE TRUSTEE OF SUCH SCHOOL DISTRICT,
REQUIRE SUCH REPORT TO INCLUDE THE RESULTS OF A SURVEY SHARED WITH FAMI-
A. 8396--B 9
LIES, STAFF AND STUDENTS BY THE THIRTY-FIRST OF DECEMBER WHICH ASKS
QUESTIONS CONCERNING THE EVERYDAY EXPERIENCES AND PERCEPTIONS OF SUCH
STAKEHOLDERS WITH RESPECT TO SAFETY AND THE SCHOOL ENVIRONMENT. THE
RESULTS OF SUCH SURVEY SHALL BE PUBLISHED ON THE SCHOOL'S WEBSITE BY THE
NEXT SUCCEEDING FIRST OF JULY;
i. require the principal, superintendent or the principal's or super-
intendent's designee, to notify promptly the appropriate local law
enforcement agency when such principal, superintendent or the princi-
pal's or superintendent's designee, believes that any harassment, bully-
ing, COERCIVE CONTROL or discrimination constitutes criminal conduct;
j. include appropriate references to the provisions of the school
district's code of conduct, INCLUDING THE CODE OF CONDUCT FOR SCHOOL
COACHES, adopted pursuant to section twenty-eight hundred one of this
chapter that are relevant to harassment, bullying, COERCIVE CONTROL and
discrimination;
k. require each school, at least once during each school year, to
provide all school employees, SCHOOL COACHES, students [and], parents OR
GUARDIANS AND SCHOOL BOARD MEMBERS OR TRUSTEES with a written or elec-
tronic copy of the school district's policies created pursuant to this
section, or a plain-language summary thereof, including notification of
the process by which students, parents [and] OR GUARDIANS, school
employees, SCHOOL COACHES OR SCHOOL BOARD MEMBERS OR TRUSTEES may report
harassment, bullying OR COERCIVE CONTROL and discrimination [. This
subdivision shall not be construed to require additional distribution of
such policies and guidelines if they are otherwise distributed to school
employees, students and parents], PROVIDE COPIES OF SUCH PLAIN-LANGUAGE
SUMMARY TO ALL STUDENTS AT A GENERAL ASSEMBLY HELD AT THE BEGINNING OF
THE SCHOOL YEAR, AND CONSPICUOUSLY POST A WRITTEN NOTIFICATION INFORMING
STUDENTS ABOUT SUCH POLICY, THE NAME OF THE SCHOOL EMPLOYEE DESIGNATED
TO RECEIVE REPORTS OF HARASSMENT, BULLYING, COERCIVE CONTROL OR DISCRIM-
INATION AND THE WEB ADDRESS FOR THE NEW YORK STATE CENTER FOR SCHOOL
SAFETY IN THE SCHOOL LOBBY AND IN EVERY RESTROOM USED BY STUDENTS AS
WELL AS OTHER PARTS OF THE SCHOOL WHERE STUDENTS ARE LIKELY TO SEE SUCH
NOTIFICATION;
l. maintain current versions of the school district's policies created
pursuant to this section on the school district's internet website, if
one exists; AND
M. INCLUDE A SCHOOL STRATEGY TO FOSTER SAFE, RESPONSIBLE USE OF THE
INTERNET AND ELECTRONIC COMMUNICATIONS; AND
2. Guidelines to be used in school training programs to discourage the
development of harassment, bullying, COERCIVE CONTROL and discrimi-
nation, and to make school employees, SCHOOL COACHES AND SCHOOL BOARD
MEMBERS OR TRUSTEES aware of the effects of harassment, bullying, COER-
CIVE CONTROL, cyberbullying and discrimination on students and that are
designed:
a. to raise the awareness and sensitivity of school employees, SCHOOL
COACHES AND SCHOOL BOARD MEMBERS OR TRUSTEES to potential harassment,
bullying, COERCIVE CONTROL and discrimination, and
b. to enable employees, SCHOOL COACHES AND SCHOOL BOARD MEMBERS OR
TRUSTEES to prevent and respond to harassment, bullying, COERCIVE
CONTROL and discrimination; and
4. Guidelines relating to the development of measured, balanced and
age-appropriate responses to instances of harassment, bullying, COERCIVE
CONTROL or discrimination by students, with remedies and procedures
following a progressive model that make appropriate use of intervention,
discipline and education, vary in method according to the nature of the
A. 8396--B 10
behavior, the developmental age of the student and the student's history
of problem behaviors, and are consistent with the district's code of
conduct; and
5. Training required by this section shall address the social patterns
of harassment, bullying, COERCIVE CONTROL and discrimination, as defined
in section eleven of this article, including but not limited to those
acts based on a person's actual or perceived race, color, weight, AGE,
PHYSICAL CHARACTERISTICS, national origin, ethnic group, religion, reli-
gious practice, disability, sexual orientation, gender or sex, the iden-
tification and mitigation of harassment, bullying, COERCIVE CONTROL and
discrimination INCLUDING BUT NOT LIMITED TO TRAINING IN RESTORATIVE
JUSTICE AND MEDIATION TECHNIQUES, [and] strategies for effectively
addressing problems of exclusion, bias and aggression in educational
settings[.], AND THE RECOGNITION OF SUICIDE RISKS AND WARNING SIGNS AND
HOW TO REFER STUDENTS FOR FURTHER ASSESSMENT AND EVALUATION; AND
6. THE GOVERNING BOARD OR BODY OF A LOCAL EDUCATIONAL AGENCY SHALL
REVIEW, AT MINIMUM EVERY FIFTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
SUBDIVISION, ITS POLICIES, PROCEDURES, AND GUIDELINES ON HARASSMENT,
BULLYING, COERCIVE CONTROL AND DISCRIMINATION AND, IF NECESSARY, UPDATE
SUCH POLICIES, PROCEDURES, AND GUIDELINES.
§ 7. Subdivisions 1 and 5 of section 14 of the education law, subdivi-
sion 1 as amended by chapter 102 of the laws of 2012, and subdivision 5
as amended by chapter 90 of the laws of 2013, are amended and a new
subdivision 6 is added to read as follows:
1. Provide direction, which may include development of model policies
and, to the extent possible, direct services, to school districts
related to preventing harassment, bullying, COERCIVE CONTROL and
discrimination and to fostering an environment in every school where all
children can learn free of manifestations of bias;
5. [The commissioner shall prescribe] PRESCRIBE regulations that
school professionals applying on or after December thirty-first, two
thousand thirteen for a certificate or license, including but not limit-
ed to a certificate or license valid for service as a classroom teacher,
school counselor, school psychologist, school social worker, SCHOOL
COACH, school administrator or supervisor or superintendent of schools
shall, in addition to all other certification or licensing requirements,
have completed training on the social patterns of harassment, bullying
and discrimination, as defined in section eleven of this article,
including but not limited to those acts based on a person's actual or
perceived race, color, weight, AGE, PHYSICAL CHARACTERISTICS, national
origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender or sex, the identification and mitigation of harass-
ment, bullying, COERCIVE CONTROL and discrimination, [and] strategies
for effectively addressing problems of exclusion, bias and aggression in
educational settings AND, FOR ALL SUCH SCHOOL PROFESSIONALS APPLYING ON
OR AFTER DECEMBER THIRTY-FIRST TWO THOUSAND TWENTY-SIX FOR SUCH A
CERTIFICATE OR LICENSE, RECOGNIZING SUICIDE RISKS AND WARNING SIGNS AND
HOW TO REFER STUDENTS FOR FURTHER ASSESSMENT AND EVALUATION.
6. DEVELOP MODEL STUDENT, STAFF AND FAMILY SURVEYS IN ACCORDANCE WITH
SECTION THIRTEEN OF THIS ARTICLE TO ASSIST LOCAL EDUCATION AGENCIES TO
CONDUCT SUCH SURVEYS DURING THE COURSE OF A SCHOOL YEAR.
§ 8. Section 15 of the education law, as amended by chapter 102 of the
laws of 2012, is amended to read as follows:
§ 15. Reporting by commissioner AND USE OF REPORTS. 1. The commis-
sioner shall create a procedure under which [material] RELEVANT inci-
dents of harassment, bullying and discrimination on school grounds [or],
A. 8396--B 11
at a school function, OR THROUGH ANY FORM OF ELECTRONIC COMMUNICATION
are reported to the department at least on an annual basis, PROVIDED
THAT SUCH REPORTING SHALL NOT CONTAIN INFORMATION IDENTIFIABLE WITH ANY
INDIVIDUAL STUDENT. Such procedure shall provide that such reports
shall[, wherever possible,] also delineate the specific nature of such
incidents of harassment, bullying OR COERCIVE CONTROL and discrimi-
nation, [provided that the commissioner may comply with the requirements
of this section through use of the existing uniform violent incident
reporting system] INCLUDING BUT NOT LIMITED TO WHETHER AN INCIDENT
CONSTITUTED HARASSMENT, BULLYING, COERCIVE CONTROL, CYBERBULLYING,
DISCRIMINATION OR ANY COMBINATION THEREOF; WHETHER AN INCIDENT INVOLVED
A STUDENT, SCHOOL EMPLOYEE, SCHOOL COACH OR SCHOOL BOARD MEMBER OR TRUS-
TEE AGGRESSOR AND WHETHER SUCH AGGRESSOR ACTED INDIVIDUALLY OR IN A
GROUP; THE SCHOOL'S RESPONSE TO SUCH INCIDENT; WHETHER A TARGETED
STUDENT WITHDREW FROM SCHOOL OR RELOCATED SCHOOLS WITHIN THE CURRENT OR
IMMEDIATELY SUBSEQUENT SCHOOL YEAR FOLLOWING A REPORT OF AN INCIDENT;
AND THE TOTAL NUMBER OF REPORTS DISMISSED AND THE RESOLUTION FOR EACH.
NOTWITHSTANDING ANY PROVISION IN THIS ARTICLE TO THE CONTRARY, EFFECTIVE
RESOLUTION OF AN INCIDENT DOES NOT NEGATE THE DISTRICT'S OBLIGATION TO
REPORT IT TO THE DEPARTMENT. In addition, the department [may conduct
research or] SHALL REQUEST THE COMPTROLLER TO undertake studies to
determine compliance throughout the state with the provisions of this
article.
2. THE COMMISSIONER SHALL USE SUCH REPORTS AND DATA TO IDENTIFY
SCHOOLS AND DISTRICTS THAT ARE FAILING TO MEET THE STANDARDS AND OBJEC-
TIVES OF THIS ARTICLE. THE COMMISSIONER SHALL PROMULGATE POLICIES AND
PROCEDURES FOR IMPROVING CONDITIONS AT THESE SCHOOLS TO ENSURE PROPER
TRAINING, SUPPORT, AND COMPLIANCE WITH ALL REQUIREMENTS.
3. THE COMMISSIONER SHALL DELIVER THE REPORT REFERENCED IN SUBDIVISION
ONE OF THIS SECTION TO THE LEGISLATURE, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE EDUCATION COMMITTEE
AND CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE EVERY TWO YEARS ON OR
BEFORE THE FIRST DAY OF NOVEMBER.
§ 9. Section 16 of the education law, as amended by chapter 102 of the
laws of 2012, is amended to read as follows:
§ 16. Protection of people who report harassment, bullying, COERCIVE
CONTROL or discrimination. Any person having reasonable cause to suspect
that a student has been subjected to harassment, bullying, COERCIVE
CONTROL or discrimination, by an employee, SCHOOL COACH, SCHOOL BOARD
MEMBER OR TRUSTEE or student, on school grounds [or], at a school func-
tion OR THROUGH ANY FORM OF ELECTRONIC COMMUNICATION, who, acting
reasonably and in good faith, reports such information to school offi-
cials, to the commissioner or to law enforcement authorities, acts in
compliance with paragraph e or i of subdivision one of section thirteen
of this article, or otherwise initiates, testifies, participates or
assists in any formal or informal proceedings under this article, shall
have immunity from any civil liability that may arise from the making of
such report or from initiating, testifying, participating or assisting
in such formal or informal proceedings, and no school district [or],
employee, SCHOOL COACH, OR SCHOOL BOARD MEMBER OR TRUSTEE shall take,
request or cause a retaliatory action against any such person who,
acting reasonably and in good faith, either makes such a report or
initiates, testifies, participates or assists in such formal or informal
proceedings.
§ 10. Subdivision 1 and the opening paragraph and paragraphs m and n
of subdivision 2 of section 2801 of the education law, subdivision 1 as
A. 8396--B 12
amended by chapter 402 of the laws of 2005, the opening paragraph of
subdivision 2 as amended by chapter 380 of the laws of 2001, paragraph m
of subdivision 2 as amended and paragraph n of subdivision 2 as added by
chapter 482 of the laws of 2010, are amended and a new paragraph o of
subdivision 2 is added to read as follows:
1. A. For purposes of this section, [school property] THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SCHOOL PROPERTY" means 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 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[; and a school function], OR
WITHIN A SCHOOL ADMINISTRATIVE BUILDING.
(II) "SCHOOL FUNCTION" [shall mean] MEANS A SCHOOL BOARD OR TRUSTEE
MEETING OR a school-sponsored or school-authorized [extra-curricular]
EXTRA CURRICULAR event or activity regardless of where such event or
activity takes place, including any event or activity that may take
place in another state INCLUDING BUT NOT LIMITED TO FIELD TRIPS AND
ATHLETIC PRACTICES, SCRIMMAGES AND EVENTS.
B. THIS SECTION SHALL ALSO APPLY TO CYBERBULLYING, WHETHER ON OR OFF
SCHOOL PROPERTY OR AT OR AWAY FROM A SCHOOL FUNCTION WHERE SUCH CONDUCT
CONSTITUTES HARASSMENT AS DEFINED IN SECTION ELEVEN OF THIS CHAPTER.
The board of education or the trustees, as defined in section two of
this chapter, of every school district within the state, however
created, and every board of cooperative educational services and county
vocational extension board, shall adopt and amend, as appropriate, a
code of conduct for the maintenance of order on school property, includ-
ing a school function, which shall govern the conduct of students,
teachers, COACHES, BOARD MEMBERS AND TRUSTEES, and other school person-
nel as well as visitors and shall provide for the enforcement thereof.
Such policy may be adopted by the school board or trustees only after at
least one public hearing that provides for the participation of school
personnel, parents, students and any other interested parties. Such code
of conduct shall include, at a minimum:
m. a minimum suspension period for acts that would qualify the pupil
to be defined as a violent pupil pursuant to paragraph a of subdivision
two-a of section thirty-two hundred fourteen of this chapter, provided
that the suspending authority may reduce such period on a case by case
basis to be consistent with any other state and federal law; [and]
n. provisions to comply with [article] ARTICLES two AND TWO-B of this
chapter[.]; AND
O. AN ADDITIONAL CODE OF CONDUCT FOR COACHES. TO ASSIST LOCAL EDUCA-
TIONAL AGENCIES IN DEVELOPING A CODE OF CONDUCT FOR COACHES, THE DEPART-
MENT SHALL DEVELOP AND MAINTAIN A MODEL CODE IN ACCORDANCE WITH THIS
SECTION TO SERVE AS A GUIDE FOR LOCAL EDUCATIONAL AGENCIES. SUCH MODEL
CODE SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND, AT A MINIMUM,
SHALL INCLUDE PROVISIONS REGARDING THE PROGRAM MISSION, A COACH'S
HEALTH, SAFETY AND WELLNESS OBLIGATIONS TO THE STUDENTS, A COACH'S OBLI-
GATIONS TO PARENTS AND SPECTATORS, A CENTRAL SUMMARY OF MANDATED CREDEN-
TIALS, TRAINING AND LICENSES OR CERTIFICATIONS APPLICABLE TO COACHES, A
COMMUNICATIONS POLICY AS BETWEEN COACHES AND STUDENTS AND PARENTS, AND
AN ETHICS POLICY.
§ 11. Paragraph a of subdivision 2 of section 3006-a of the education
law, as added by section 2 of subpart C of part EE of chapter 56 of the
laws of 2015, is amended to read as follows:
A. 8396--B 13
a. (I) During each five-year registration period beginning on or after
July first, two thousand sixteen, an applicant for registration shall
successfully complete a minimum of one hundred hours of continuing
teacher and leader education, as defined by the commissioner, PROVIDED
THAT SUCH ONE HUNDRED HOURS SHALL INCLUDE, AT A MINIMUM, FIVE HOURS OF
PROFESSIONAL DEVELOPMENT THAT INCORPORATES THE PRINCIPLES AND PRACTICES
OF THE DEPARTMENT'S CULTURALLY RESPONSIVE-SUSTAINING FRAMEWORK AND IS
RELATED TO DIGNITY FOR ALL STUDENTS AND SUICIDE PREVENTION EDUCATION, IN
ACCORDANCE WITH ARTICLES TWO AND TWO-B OF THIS CHAPTER, THAT IS PROVIDED
BY OR IN COORDINATION WITH A TEACHER OR GUIDANCE COUNSELOR IN EVERY
SCHOOL DISTRICT.
(II) UTILIZING FUNDS APPROPRIATED FOR THE PROFESSIONAL DEVELOPMENT
TOPICS LISTED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEPARTMENT
SHALL CREATE AND PROVIDE MODEL CURRICULA AND TEACHING AND PROFESSIONAL
DEVELOPMENT RESOURCES ON ITS WEBSITE. The department shall issue rigor-
ous standards for courses, programs, and activities, that shall qualify
as continuing teacher and leader education pursuant to this section. For
purposes of this section, a peer review teacher, or a principal acting
as an independent trained evaluator, conducting a classroom observation
as part of the teacher evaluation system pursuant to section three thou-
sand twelve-d of this article may credit such time towards [his or her]
THEIR continuing teacher and leader effectiveness requirements.
§ 12. This act shall take effect July 1, 2027.