Bill Text: NY A07738 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to including private, religious or denominational educational institutions in the "dignity for all students act".

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-06-15 - print number 7738b [A07738 Detail]

Download: New_York-2017-A07738-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7738--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 11, 2017
                                       ___________
        Introduced  by M. of A. O'DONNELL, BRONSON, ABINANTI, GALEF -- read once
          and referred to the Committee  on  Education  --  recommitted  to  the
          Committee  on  Education in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN  ACT  to  amend  the education law, in relation to including private,
          religious or denominational educational institutions to  the  "dignity
          for all students act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 10 of the education law, as added by chapter 482 of
     2  the laws of 2010, is amended to read as follows:
     3    § 10. Legislative intent. The legislature finds that students' ability
     4  to learn and to meet high academic standards, and a school's ability  to
     5  educate  its students, are compromised by incidents of discrimination or
     6  harassment including bullying, taunting or intimidation.  It  is  hereby
     7  declared to be the policy of the state to afford all students [in public
     8  schools]  an  environment  free  of  discrimination  and harassment. The
     9  purpose of this article is to foster civility in [public] schools and to
    10  prevent and prohibit conduct  which  is  inconsistent  with  a  school's
    11  educational mission.
    12    §  2.  Subdivision  1  of section 11 of the education law, as added by
    13  chapter 482 of the laws of 2010, is amended to read as follows:
    14    1. "School property" shall mean in or within any building,  structure,
    15  athletic playing field, playground, parking lot, or land contained with-
    16  in  the  real  property  boundary  line  of  [a public] an elementary or
    17  secondary school; or in or on a school bus, as defined  in  section  one
    18  hundred forty-two of the vehicle and traffic law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10952-05-8
        A. 7738--B                          2
     1    §  3.  Section 17 of the education law, as added by chapter 482 of the
     2  laws of 2010, is amended to read as follows:
     3    § 17. Application. Nothing in this article shall[:
     4    1.  Apply  to  private, religious or denominational educational insti-
     5  tutions; or
     6    2. Preclude] preclude or limit any right or cause of  action  provided
     7  under any local, state or federal ordinance, law or regulation including
     8  but  not  limited to any remedies or rights available under the Individ-
     9  uals With Disabilities Education Act, Title VII of the Civil Rights  Law
    10  of  1964, section 504 of the Rehabilitation Act of 1973 or the Americans
    11  with Disabilities Act of 1990.
    12    § 4. Section 13 of the education law is amended by adding a new subdi-
    13  vision 6 to read as follows:
    14    6. Guidelines relating to the development of  measured,  balanced  and
    15  age-appropriate  strategies for family and parental engagement after the
    16  determination that there has been a  verified  instance  of  harassment,
    17  bullying  or  discrimination. Such guidelines shall be administered in a
    18  progressive way that considers the best interest of  the  child  and  in
    19  accordance  with  guidance  developed  under  subdivision six of section
    20  fourteen of this article.
    21    § 5. Section 14 of the education law is amended by adding a new subdi-
    22  vision 6 to read as follows:
    23    6. The commissioner shall  update  guidance  related  to  the  actions
    24  required  by  paragraph e of subdivision one of section thirteen of this
    25  article with respect to making a determination whether or not, and  how,
    26  to  engage and communicate with the families of the students involved in
    27  the verified incident. Such guidance shall have as  its  goal  the  best
    28  interests  of  each  child involved in the incident, shall be consistent
    29  with the principles expressed in subdivisions four and five  of  section
    30  thirteen  of this article, and shall be developed after considering best
    31  practices that may already be in use by schools  and  school  districts,
    32  and in consultation with the dignity implementation task force.
    33    §  6.  This act shall take effect on the first of July next succeeding
    34  the date on which it shall have become a law.