Bill Text: NY A01163 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the civil rights law, in relation to creating the parent and pupil rights act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A01163 Detail]

Download: New_York-2009-A01163-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1163
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
         Committee on Education
       AN ACT to amend the civil rights law, in relation to creating the parent
         and pupil rights act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The civil rights law is amended by adding a new section 85
    2  to read as follows:
    3    S  85.  PARENT  AND PUPIL RIGHTS ACT. 1. FOR PURPOSES OF THIS SECTION,
    4  THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "CHILDREN" MEANS PERSONS NOT ABOVE AGE TWENTY-ONE WHO ARE ENROLLED
    6  IN A PROGRAM NOT ABOVE THE ELEMENTARY OR SECONDARY EDUCATION LEVEL.
    7    (B) "PRIOR CONSENT" MEANS:
    8    (I) PRIOR CONSENT OF THE STUDENT, IF THE STUDENT IS AN ADULT OR  EMAN-
    9  CIPATED MINOR; OR
   10    (II)  PRIOR  WRITTEN CONSENT OF THE PARENT OR GUARDIAN, IF THE STUDENT
   11  IS AN UNEMANCIPATED MINOR.
   12    (C) "PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION OR TEST" MEANS A  METHOD
   13  OF  OBTAINING  INFORMATION, INCLUDING A GROUP ACTIVITY, THAT IS DESIGNED
   14  TO ELICIT INFORMATION ABOUT ATTITUDES, HABITS, TRAITS, OPINIONS, BELIEFS
   15  OR FEELINGS.
   16    (D) "PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT" MEANS AN ACTIVITY INVOLV-
   17  ING THE PLANNED, SYSTEMATIC USE OF METHODS  OR  TECHNIQUES  DESIGNED  TO
   18  AFFECT BEHAVIORAL, EMOTIONAL, OR ATTITUDINAL CHARACTERISTICS OF AN INDI-
   19  VIDUAL OR GROUP.
   20    (E)  "PSYCHIATRIC OR PSYCHOLOGICAL RESEARCH OR EXPERIMENTATION PROGRAM
   21  OR PROJECT" MEANS ANY PROGRAM OR PROJECT IN THE PUBLIC SCHOOLS  OF  THIS
   22  STATE  THAT  IS  DESIGNED TO EXPLORE OR DEVELOP NEW OR UNPROVEN TEACHING
   23  METHODS OR TECHNIQUES DESIGNED TO AFFECT BEHAVIORAL, EMOTIONAL, OR ATTI-
   24  TUDINAL CHARACTERISTICS OF AN INDIVIDUAL OR GROUP.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01899-01-9
       A. 1163                             2
    1    2. ALL INSTRUCTIONAL MATERIAL,  INCLUDING  TEACHERS'  MANUALS,  FILMS,
    2  TAPES, OR OTHER SUPPLEMENTARY INSTRUCTIONAL MATERIAL, WHICH WILL BE USED
    3  IN  CONNECTION  WITH ANY PSYCHIATRIC OR PSYCHOLOGICAL RESEARCH OR EXPER-
    4  IMENTATION PROGRAM OR PROJECT, AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVI-
    5  SION  ONE  OF  THIS  SECTION,  SHALL  BE AVAILABLE FOR INSPECTION BY THE
    6  PARENTS OR GUARDIANS OF THE CHILDREN INVOLVED IN SUCH PROGRAM OR PROJECT
    7  PRIOR TO THE IMPLEMENTATION OF SUCH PROGRAM OR PROJECT.
    8    3. NO STUDENT SHALL BE REQUIRED, AS  PART  OF  ANY  PROGRAM,  PROJECT,
    9  CLASS,  COURSE,  OR  ACTIVITY  IN  THE  PUBLIC SCHOOLS OF THIS STATE, TO
   10  SUBMIT WITHOUT PRIOR CONSENT TO  PSYCHIATRIC  EXAMINATION,  TESTING,  OR
   11  TREATMENT, OR PSYCHOLOGICAL EXAMINATION, TESTING, OR TREATMENT, IN WHICH
   12  THE  PRIMARY  PURPOSE IS TO REVEAL INFORMATION CONCERNING ONE OR MORE OF
   13  THE FOLLOWING:
   14    (A) POLITICAL AFFILIATIONS;
   15    (B) RELIGIOUS BELIEFS AND PRACTICES;
   16    (C) MENTAL AND PSYCHOLOGICAL PROBLEMS POTENTIALLY EMBARRASSING TO  THE
   17  STUDENT OR HIS OR HER FAMILY;
   18    (D) SEX BEHAVIOR AND ATTITUDES;
   19    (E) ILLEGAL, ANTI-SOCIAL, SELF-INCRIMINATING AND DEMEANING BEHAVIOR;
   20    (F) CRITICAL APPRAISALS OF OTHER INDIVIDUALS WITH WHOM THE STUDENT HAS
   21  CLOSE FAMILY RELATIONSHIPS;
   22    (G) LEGALLY RECOGNIZED PRIVILEGED AND ANALOGOUS RELATIONSHIPS, SUCH AS
   23  THOSE OF LAWYERS, PHYSICIANS, AND MINISTERS; OR
   24    (H)  INCOME, OTHER THAN THAT REQUIRED BY LAW, TO DETERMINE ELIGIBILITY
   25  FOR PARTICIPATION IN A PROGRAM OR  FOR  RECEIVING  FINANCIAL  ASSISTANCE
   26  UNDER A PROGRAM.
   27    4.  NO  STUDENT  SHALL  BE SUBJECTED, AS PART OF ANY PROGRAM, PROJECT,
   28  CLASS, COURSE OR ACTIVITY IN THE PUBLIC SCHOOLS OF THIS  STATE,  TO  ANY
   29  EDUCATIONAL  ACTIVITY  IN WHICH THE STUDENT IS ASKED TO PLACE HIS OR HER
   30  MIND IN A PASSIVE POSTURE SUCH AS IN MEDITATION OR  OTHER  STRESS-REDUC-
   31  TION TECHNIQUE, WITHOUT PRIOR CONSENT.
   32    5.  EDUCATIONAL  AGENCIES  AND  INSTITUTIONS  SHALL  GIVE  PARENTS AND
   33  STUDENTS EFFECTIVE NOTICE OF THEIR RIGHTS UNDER THIS SECTION.
   34    S 2. This act shall take effect on the first of November next succeed-
   35  ing the date on which it shall have become a law.