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Same as: S1987B , , S1987B , , S1987B , Versions: A3661A, A3661C, A3661, A3661B

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A3661C Actions

A3661C - 3RD READING CAL.1070 - Jun 22, 2010
A3661C - MOTION TO AMEND LOST - Jun 22, 2010
A3661C - PASSED SENATE - Jun 22, 2010
A3661C - RETURNED TO ASSEMBLY - Jun 22, 2010
A3661C - PASSED ASSEMBLY - May 17, 2010
A3661C - DELIVERED TO SENATE - May 17, 2010
A3661C - REFERRED TO EDUCATION - May 17, 2010
A3661C - AMENDED ON THIRD READING 3661C - Feb 8, 2010
A3661C - DIED IN SENATE - Jan 6, 2010
A3661C - RETURNED TO ASSEMBLY - Jan 6, 2010
A3661C - ORDERED TO THIRD READING CAL.275 - Jan 6, 2010
A3661B - REFERRED TO EDUCATION - Apr 7, 2009
A3661B - delivered to senate - Apr 7, 2009
A3661B - passed assembly - Apr 7, 2009
A3661C - PASSED ASSEMBLY - Apr 7, 2009
A3661C - DELIVERED TO SENATE - Apr 7, 2009
A3661B - advanced to third reading cal.284 - Apr 2, 2009
A3661C - ADVANCED TO THIRD READING CAL.284 - Apr 2, 2009
A3661B - reported - Mar 31, 2009
A3661C - REPORTED - Mar 31, 2009
A3661B - amend and recommit to codes - Mar 16, 2009
A3661B - print number 3661b - Mar 16, 2009
A3661C - AMEND AND RECOMMIT TO CODES - Mar 16, 2009
A3661C - PRINT NUMBER 3661B - Mar 16, 2009
A3661B - amend and recommit to codes - Feb 20, 2009
A3661B - print number 3661a - Feb 20, 2009
A3661C - AMEND AND RECOMMIT TO CODES - Feb 20, 2009
A3661C - PRINT NUMBER 3661A - Feb 20, 2009
A3661B - reported referred to codes - Feb 4, 2009
A3661C - REPORTED REFERRED TO CODES - Feb 4, 2009
A3661B - referred to education - Jan 28, 2009
A3661C - REFERRED TO EDUCATION - Jan 28, 2009

A3661C Votes

Same As: S1987B Votes

Same As: S1987B Votes

Same As: S1987B Votes

A3661C Memo

BILL NUMBER:A3661C

TITLE OF BILL: An act to amend the education law, in relation to enact ing the dignity for all students act

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to afford all students an environment free of any harassment that substantially interferes with their education, regardless of the basis of the harass ment, and free of discrimination based on actual or perceived race, color, weight, national origin, ethnic group, religion, disability, sexual orientation, gender, or sex.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill establishes its short title, the Dignity for all Students Act.

Section 2 of the bill amends the Education Law by adding a new article 2 entitled "Dignity for all Students." New article 2 sets forth the legislative intent in section 10, and sets forth definitions in section 11. The definition of 'harassment" in section 11(7) was carefully drafted to ensure that this legislation protects children against harassment in a manner that is consistent with the First Amendment protections of speech and expression. See Tinker v. Des Moines School District, 393 U,S. 503 (1969) and its progeny. In addition, by moving the list of protected classes to the end of the definition, and by adding the phrase "not limited to" at the beginning of the list, the amendment made in the B-print explicitly establishes, in the bill text itself, that the list is non-exclusive and that the definition is content neutral. Harassment is defined as "creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that 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:" Education Law ?11(7), as proposed in this bill. The definition includes an objective reasonableness standard and, consistent with Tinker and the cases decided after Tinker, it also provides that speech (e.g., the verbal threats included in the defi nition) becomes harassment only when it does, or foreseeably would, substantially interfere with a students education. it is also the legis lative intent that, consistent with the hostile environment case law developed in the employment context, conduct or verbal behavior must be severe or pervasive in order to substantially interfere with educational performance, opportunities, etc. and to therefore be harassment under this definition. This content-neutral definition is followed by a non exclusive list of protected classes whose members are often the targets of the type of harassment the bill seeks to prevent. The purpose of listing these protected classes is to provide examples of the types of status-based harassment frequently encountered by students without in any way limiting the application of the definition-to individuals in those classes.

Section 12 prohibits harassment, as defined in section 11(7) and discussed above, and it also prohibits discrimination on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex in any activity occurring on school grounds or at a school function. New section 12 includes language intended to make clear that the Dignity for All Students Act does not contravene or override existing provisions of law, including but not limited to the Education Commissioner's regu lations, regarding single gender schools and athletic teams.

Sections 13 and 14 of new article 2 respectively provide for the poli cies and guidelines to be established by school districts, and the State Education Commissioners responsibilities. This part of the bill requires school districts to develop procedures which create a school environment free of discrimination and harassment and to establish guidelines for training school personnel. School districts must also establish guide lines for developing nondiscriminatory instructional and counseling methods and ensuring that staff will be available at every school who have been trained to handle human relations in the areas in which discrimination is prohibited. The Commissioner of Education is to provide advice, which may include model policies, and direct services, to the extent possible, to help districts prevent discrimination and harassment. The commissioner will also provide grants, from funds appro priated for such purpose, to local school districts to assist them in implementing the guidelines provided for by the bill.

Section 15 of new Education Law article 2 requires the commissioner to create a procedure whereby material incidents of discrimination and harassment on school grounds or at school functions are reported to the State Education Department at least annually. The commissioner may use the existing UVIR (uniform violent incident reporting) system for this purpose; however, it is the legislative intent that the UVIR system will be adapted to include information about the specific nature of the inci dent, i.e., the type or types of bias involved in a reported incident of harassment or discrimination, including the possibility that multiple types of bias could be involved in a single incident, and all of the types of bias involved should be reported.

Section 16 of new Education Law article 2 provides protection for people who report incidents of discrimination or harassment.

Section 17 provides for applicability of the new article with respect to certain institutions and other laws, and section 18 provides for severability and construction.

Section 3 of the bill amends section 801-a of the education law by requiring sensitivity to the harassment or discrimination prohibited by section 2 of this bill to be incorporated into the civility and charac ter training currently required by section 801-a of the education law.

Section 4 of the bill amends section 2801 of the education law by adding a new paragraph n.

Section 5 of the bill now provides that the bill will take effect on July 1, 2012. This change in the effective date is the only change made in the C-print of the bill. The A-print added weight to the non-exclusive list of protected classes, whose members are often the targets of the type of harassment the bill seeks to prevent, that is contained in the harassment definition, and also added weight to the same list that appears in other places in the bill. As noted in the Justification section below, the GLSEN study shows that looks/body size was the most frequently reported basis for harass ment of students in New York schools. There were no other changes in the A-print

The B-print revised the harassment definition by moving the non-exclu sive list of protected classes from the middle of the definition to the end of the definition, and by adding the phrase "not limited to" at the beginning of the list. This change clarifies the consistently expressed legislative intent that the list is non-exclusive and that the defi nition is content neutral. The B-print also made a conforming change in proposed new Education Law ?10, by removing the list of protected class es and simply stating the broad legislative intent to provide a school environment free of discrimination and harassment. There were no other changes in the B-print. The C-print changes the effective date to July 1, 2012 to ensure that there is adequate time for both SEA and school districts to develop thoughtful and well-designed implementation plans. This time frame also will permit proposed budgets at the state and local levels to include consideration of the implementation plans before the law takes effect. There are no other changes in the C-print.

JUSTIFICATION: In deciding First Amendment cases in school settings, courts have recognized "the special need to maintain a safe, secure and effective learning environment," Harper v. Poway Unified School, 445 F.3d 1166 at 1176 (9th Cir. 2006), citing Tinker v. Des Moines School District, 393 U.S. 503 (1969). Students need such a safe, welcoming and supportive school environment so that they can concentrate on their academic and personal growth, and they should never have to be preoccu pied by the threat or actual occurrence of harassment or discrimination at school. The Dignity for All Students Act promotes civility among students and between students and teachers. It will also help create an atmosphere where learning is paramount and distractions to learning are minimized:

Moreover, the Act provides a response to the large numbers of harassed and stigmatized students skipping school and engaging in high risk behaviors like drug use, alcohol abuse, and perhaps even suicide. No child or teen should ever be pushed to such extremes because of an intolerable environment in his or her school. Scholarly literature and common sense establish that harassment and intimidation interfere with students' ability to learn. By prohibiting harassment in public schools and establishing the basis for proactive measures such as training and model policies, the "Dignity for All Students Act" takes a major step in creating more nurturing environments in all our schools. A 2008 review of existing literature, that also analyzed 1993-94 data from a large urban school district, noted that bullying victimization is estimated to affect 15-20% of the U.S. student population. The authors defined bullying to include threats, intimidation and other conduct, and concluded it was the most common form of "low level" school violence.

Meyer-Adams, N. & Conner, B.T., "School violence: Bullying behavior and the Psychosocial School Environment in Middle Schools," Children & Schools, Vol. 30, No. 4 (October 2008), The negative effects of bullying include increased truancy and dropout rates as well as negative psycho social effects such as depression, etc. Id. at p. 212, Verbal teasing and intimidation are the most common form of bullying. Dupper, D.R. &

Meyer-Adams, N., "Low-level violence: A neglected aspect of school culture," Urban Education, Vol. 37, No. 3 at p. 351 (2002). A 1992 study found that 88% of secondary school students reported having observed bullying and 76.8% stated they had been victims. id. In addition to the negative effects discussed above, bullying victims' grades may suffer and even "good kids" may be pushed into starting fights. Id. at 352. There is also harm to those who witness peer harassment. id. The continuing need for this legislation is apparent from recent data demonstrating the prevalence of bias-based harassment in New York schools. A survey commissioned by the Gay, Lesbian and Straight Educa tion Network (GLSEN) found that more than one-third (39%) of New York students reported that bullying, name-calling, and harassment is a seri ous problem in school. Students were asked about the frequency of witnessing other students bullied, called names, or harassed in school.

From Teasing to Torment: A Report on School Climate in New York (GLSEN 2005), at p. B. The most commonly reported harassment was based on phys ical appearance. Sixty-six percent (66%) of students reported that people at school were harassed at least sometimes because of their looks or body size, with 38% reporting that this happened often or very often. id. This bill therefore now includes weight as one of the examples contained in the non-exclusive list at the end of the harassment defi nition. Bullying and harassment based on how people expressed their gender, or because of their actual or perceived sexual orientation was also very common. Fifty seven percent of respondents reported that students were bullied or harassed at least sometimes because of the way they expressed their gender, and about a quarter (23%) said these behav iors occurred often or very often. Id. More than five out of ten (52%) reported that students were harassed because they were or were perceived to be lesbian, gay, or bisexual, id., even as only 5% identified as being so. Id. at 2. About a quarter (24%) said these behaviors occurred often or very often. Id. at 8.

PRIOR LEGISLATIVE HISTORY: A.3496-A/S.1571 (passed Assembly 2007 and 2008); A.949115.1454 (passed Assembly 2006); A.4963/S.1454 (passed Assembly 2005); A,1118/S.1925 (2003-04) passed Assembly 2003 and 2004; A.2634-A /8.1628-A (2001-02) passed Assembly 2002; A.9244

A/S.5775-A (2000).



FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect on July 1, 2012.

A3661C Text

S T A T E O F N E W Y O R K
3661--C
Cal. No. 275 2009-2010 Regular Sessions I N ASSEMBLY January 28, 2009
Introduced by M. of A. O'DONNELL, GLICK, NOLAN, LIFTON, BENJAMIN, FIELDS, McENENY, CLARK, PAULIN, ROSENTHAL, JOHN, GALEF, HEVESI, ESPAILLAT, ENGLEBRIGHT, KAVANAGH, POWELL, N. RIVERA, LANCMAN, PERALTA, STIRPE, HOYT, DINOWITZ, JAFFEE, SCHIMEL, CAHILL, BRODSKY, TITONE - Multi-Sponsored by -- M. of A. ALFANO, BARRA, BING, BRENNAN, FARRELL, GIANARIS, GOTTFRIED, JACOBS, JEFFRIES, KELLNER, KOON, LATIMER, LUPAR DO, MARKEY, MILLMAN, PEOPLES-STOKES, PERRY, PHEFFER, SWEENEY, WEISEN BERG, WRIGHT -- read once and referred to the Committee on Education -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the education law, in relation to enacting the dignity for all students act

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. Short title. This act shall be known and may be cited as the "dignity for all students act".

S 2. The education law is amended by adding a new article 2 to read as follows:
ARTICLE 2 DIGNITY FOR ALL STUDENTS SECTION 10. LEGISLATIVE INTENT. 11. DEFINITIONS. 12. DISCRIMINATION AND HARASSMENT PROHIBITED. 13. POLICIES AND GUIDELINES. 14. COMMISSIONER'S RESPONSIBILITIES. 15. REPORTING BY COMMISSIONER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01245-11-0
A. 3661--C 2 16. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASS MENT. 17. APPLICATION. 18. SEVERABILITY AND CONSTRUCTION.

S 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 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. 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.

S 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 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. 2. "SCHOOL FUNCTION" SHALL MEAN A SCHOOL-SPONSORED EXTRA-CURRICULAR EVENT OR ACTIVITY. 3. "DISABILITY" SHALL MEAN DISABILITY AS DEFINED IN SUBDIVISION TWEN TY-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 HETEROSEXUALI TY, HOMOSEXUALITY OR BISEXUALITY. 6. "GENDER" SHALL MEAN ACTUAL OR PERCEIVED SEX AND SHALL INCLUDE A PERSON'S GENDER IDENTITY OR EXPRESSION. 7. "HARASSMENT" SHALL MEAN THE CREATION OF A HOSTILE ENVIRONMENT BY CONDUCT OR BY VERBAL THREATS, INTIMIDATION OR ABUSE THAT 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 CONDUCT, VERBAL THREATS, INTIM IDATION OR ABUSE THAT REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO CAUSE A STUDENT TO FEAR FOR HIS OR HER PHYSICAL SAFETY; SUCH CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE INCLUDES BUT IS NOT LIMITED TO CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE BASED ON A PERSON'S ACTU AL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX.

S 12. DISCRIMINATION AND HARASSMENT PROHIBITED. 1. NO STUDENT SHALL BE SUBJECTED TO HARASSMENT BY EMPLOYEES OR STUDENTS ON SCHOOL PROPERTY OR AT A SCHOOL FUNCTION; NOR SHALL ANY STUDENT BE SUBJECTED TO DISCRIMI NATION 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 OR STUDENTS ON SCHOOL PROPERTY OR AT A SCHOOL FUNCTION. 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 PERMISSIBLE UNDER SECTION THIRTY-TWO HUNDRED ONE-A OR PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAP TER 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, A. 3661--C 3 ACTIONS THAT WOULD BE PERMISSIBLE UNDER SECTION 504 OF THE REHABILI TATION ACT OF 1973. 2. AN AGE-APPROPRIATE VERSION OF THE POLICY OUTLINED IN SUBDIVISION ONE OF THIS SECTION, WRITTEN IN PLAIN-LANGUAGE, SHALL BE INCLUDED IN THE CODE OF CONDUCT ADOPTED BY BOARDS OF EDUCATION AND THE TRUSTEES OR SOLE TRUSTEE PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND A SUMMARY OF SUCH POLICY SHALL BE INCLUDED IN ANY SUMMARIES REQUIRED BY SUCH SECTION TWENTY-EIGHT HUNDRED ONE.

S 13. POLICIES AND GUIDELINES. THE BOARD OF EDUCATION AND THE TRUS TEES OR SOLE TRUSTEE OF EVERY SCHOOL DISTRICT SHALL CREATE POLICIES AND GUIDELINES THAT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. POLICIES INTENDED TO CREATE A SCHOOL ENVIRONMENT THAT IS FREE FROM DISCRIMINATION OR HARASSMENT; 2. GUIDELINES TO BE USED IN SCHOOL TRAINING PROGRAMS TO DISCOURAGE THE DEVELOPMENT OF DISCRIMINATION OR HARASSMENT AND THAT ARE DESIGNED:
A. TO RAISE THE AWARENESS AND SENSITIVITY OF SCHOOL EMPLOYEES TO POTENTIAL DISCRIMINATION OR HARASSMENT, AND B. TO ENABLE EMPLOYEES TO PREVENT AND RESPOND TO DISCRIMINATION OR HARASSMENT; AND 3. GUIDELINES RELATING TO THE DEVELOPMENT OF NONDISCRIMINATORY INSTRUCTIONAL AND COUNSELING METHODS, AND REQUIRING THAT AT LEAST ONE STAFF MEMBER AT EVERY SCHOOL BE THOROUGHLY TRAINED TO HANDLE HUMAN RELATIONS IN THE AREAS OF RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, AND SEX.

S 14. COMMISSIONER'S RESPONSIBILITIES. THE COMMISSIONER SHALL:
1. PROVIDE DIRECTION, WHICH MAY INCLUDE DEVELOPMENT OF MODEL POLICIES AND, TO THE EXTENT POSSIBLE, DIRECT SERVICES, TO SCHOOL DISTRICTS RELATED TO PREVENTING DISCRIMINATION AND HARASSMENT AND TO FOSTERING AN ENVIRONMENT IN EVERY SCHOOL WHERE ALL CHILDREN CAN LEARN FREE OF MANIFESTATIONS OF BIAS; 2. PROVIDE GRANTS, FROM FUNDS APPROPRIATED FOR SUCH PURPOSE, TO LOCAL SCHOOL DISTRICTS TO ASSIST THEM IN IMPLEMENTING THE GUIDELINES SET FORTH IN THIS SECTION; AND 3. PROMULGATE REGULATIONS TO ASSIST SCHOOL DISTRICTS IN IMPLEMENTING THIS ARTICLE INCLUDING, BUT NOT LIMITED TO, REGULATIONS TO ASSIST SCHOOL DISTRICTS IN DEVELOPING MEASURED, BALANCED, AND AGE-APPROPRIATE RESPONSES TO VIOLATIONS OF THIS POLICY, WITH REMEDIES AND PROCEDURES FOCUSING ON INTERVENTION AND EDUCATION.

S 15. REPORTING BY COMMISSIONER. THE COMMISSIONER SHALL CREATE A PROCEDURE UNDER WHICH MATERIAL INCIDENTS OF DISCRIMINATION AND HARASS MENT ON SCHOOL GROUNDS OR AT A SCHOOL FUNCTION ARE REPORTED TO THE DEPARTMENT AT LEAST ON AN ANNUAL BASIS. SUCH PROCEDURE SHALL PROVIDE THAT SUCH REPORTS SHALL, WHEREVER POSSIBLE, ALSO DELINEATE THE SPECIFIC NATURE OF SUCH INCIDENTS OF DISCRIMINATION OR HARASSMENT, PROVIDED THAT THE COMMISSIONER MAY COMPLY WITH THE REQUIREMENTS OF THIS SECTION THROUGH USE OF THE EXISTING UNIFORM VIOLENT INCIDENT REPORTING SYSTEM. IN ADDITION THE DEPARTMENT MAY CONDUCT RESEARCH OR UNDERTAKE STUDIES TO DETERMINE COMPLIANCE THROUGHOUT THE STATE WITH THE PROVISIONS OF THIS ARTICLE.

S 16. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASSMENT. ANY PERSON HAVING REASONABLE CAUSE TO SUSPECT THAT A STUDENT HAS BEEN SUBJECTED TO DISCRIMINATION OR HARASSMENT BY AN EMPLOYEE OR STUDENT, ON SCHOOL GROUNDS OR AT A SCHOOL FUNCTION, WHO, ACTING REASONABLY AND IN GOOD FAITH, EITHER REPORTS SUCH INFORMATION TO SCHOOL OFFICIALS, TO THE COMMISSIONER, OR TO LAW ENFORCEMENT AUTHORITIES OR OTHERWISE INITIATES, A. 3661--C 4 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 SHALL TAKE, REQUEST OR CAUSE A RETALIATO RY 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.

S 17. APPLICATION. NOTHING IN THIS ARTICLE SHALL:
1. APPLY TO PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTI TUTIONS; OR 2. PRECLUDE OR LIMIT ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL ORDINANCE, LAW OR REGULATION INCLUDING BUT NOT LIMITED TO ANY REMEDIES OR RIGHTS AVAILABLE UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, TITLE VII OF THE CIVIL RIGHTS LAW OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973 OR THE AMERICANS WITH DISABILITIES ACT OF 1990.

S 18. 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.

S 3.

Section 801-a of the education law, as added by chapter 181 of the laws of 2000, is amended to read as follows:


S 801-a. Instruction in civility, citizenship and character education. The regents shall ensure that the course of instruction in grades kindergarten through twelve includes a component on civility, citizen ship and character education. Such component shall instruct students on the principles of honesty, tolerance, personal responsibility, respect for others, observance of laws and rules, courtesy, dignity and other traits which will enhance the quality of their experiences in, and contributions to, the community. The regents shall determine how to incorporate such component in existing curricula and the commissioner shall promulgate any regulations needed to carry out such determination of the regents. FOR THE PURPOSES OF THIS SECTION, "TOLERANCE," "RESPECT FOR OTHERS" AND "DIGNITY" SHALL INCLUDE AWARENESS AND SENSITIVITY TO DISCRIMINATION OR HARASSMENT AND CIVILITY IN THE RELATIONS OF PEOPLE OF DIFFERENT RACES, WEIGHTS, NATIONAL ORIGINS, ETHNIC GROUPS, RELIGIONS, RELIGIOUS PRACTICES, MENTAL OR PHYSICAL ABILITIES, SEXUAL ORIENTATIONS, GENDERS, AND SEXES.

S 4. Paragraphs l and m of subdivision 2 of section 2801 of the educa tion law, as added by chapter 181 of the laws of 2000, are amended and a new paragraph n is added to read as follows:
l. a minimum suspension period, for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom, 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. For purposes of this section, the definition of "repeatedly are substantially disrup tive" shall be determined in accordance with the regulations of the commissioner; [and] 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 A. 3661--C 5 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 TWO OF THIS CHAPTER.

S 5. This act shall take effect July 1, 2012, except that any rules or regulations necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.

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