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This entry was published on 2019-07-19
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SECTION 11
Definitions
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 2
§ 11. Definitions. For the purposes of this article, the following
terms shall have the following meanings:

1. "School property" shall mean in or within any building, structure,
athletic playing field, playground, parking lot, or land contained
within 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.

2. "School function" shall mean a school-sponsored extra-curricular
event or activity.

3. "Disability" shall mean disability as defined in subdivision
twenty-one of section two hundred ninety-two of the executive law.

4. "Employee" shall mean employee as defined in subdivision three of
section eleven hundred twenty-five of this title.

5. "Sexual orientation" shall mean actual or perceived
heterosexuality, homosexuality or bisexuality.

6. "Gender" shall mean actual or perceived sex and shall include a
person's gender identity or expression.

7. "Harassment" and "bullying" shall mean the creation of a hostile
environment by conduct or by threats, intimidation or abuse, including
cyberbullying, that (a) has or would have the effect of unreasonably and
substantially interfering with a 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
student to fear for his or her physical safety; or (c) reasonably causes
or would reasonably be expected to cause physical injury or emotional
harm to a student; or (d) occurs off school property and creates or
would foreseeably create a risk of substantial 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 shall include, but not be limited to, those acts based on a
person's actual or perceived race, color, weight, 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 harassment or bullying as defined in
subdivision seven of this section, including paragraphs (a), (b), (c)
and (d) of such subdivision, where such harassment or bullying occurs
through any form of electronic communication.

9. "Race" shall, for the purposes of this article include traits
historically associated with race, including but not limited to, hair
texture and protective hairstyles.

10. "Protective hairstyles" shall include, but not be limited to, such
hairstyles as braids, locks, and twists.