Sponsorship

A.3496 - O`DONNELL, GLICK, GREENE, LIFTON, BENJAMIN, BRADLEY, FIELDS, MCENENY, CLARK, EDDINGTON, PAULIN, ROSENTHAL, JOHN, GALEF, HEVESI, ESPAILLAT, ENGLEBRIGHT, KAVANAGH, POWELL, RIVERA N, LANCMAN, PERALTA, STIRPE, HOYT, DINOWITZ, JAFFEE, alfano, barra, bing, boyland, brennan, diaz r, farrell, gianaris, gottfried, jacobs, jeffries, kellner, koon, lupardo, markey, millman, peoples, perry, pheffer, sweeney, walker, weisenberg, / - -1

Memorandum in Support

BILL NUMBER:A3496A

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 persons in public schools an environment free of harassment and discrimination based on actual or perceived race, 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 legis- lative 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. Harassment is defined as "creation of a hostile environ- ment by conduct or by verbal threats, intimidation or abuse". That 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 limit- ing the application of the definition to individuals in those classes. In order to constitute harassment, as defined in this bill, the proscribed conduct, verbal threats, intimidation or abuse must be such that it "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;...". This addi- tional requirement adds an objective reasonableness standard and, consistent with First Amendment case law, provides that the interference must be substantial; creation of substantial interference with educa- tional performance, etc. means that the conduct or verbal behavior must be of a sufficient severity or pervasiveness to rise to that level.

Section 12 prohibits discrimination and harassment against, students, administrators and staff in public schools on the basis of actual or perceived race, national origin, ethnic group, religion, mental or phys- ical disability, sexual orientation, gender, or sex in any activity occurring on school grounds and any activity conducted by the educa- tional institution or its agents. The amendments to new section 12 in the A-print are intended to clarify that the Dignity for All Students Act is not intended to 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 Commissioner`s 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 guidelines for development of nondiscriminatory instructional and counseling methods and require that at least one member of each school`s staff be trained to handle human relations in the areas in which discrimination and harassment are 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 appropriated 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 amendments in the A-print clarify that the commissioner may use the existing UVIR (uniform violent incident reporting) system for this purpose; however, the UVIR system will have to be adapted so that it will include information about the specific nature of the incident, i.e., the type or types of bias involved in a reported incident of harassment or discrimination, includ- ing 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.

Sections 16, 17 and 18 of new Education Law article 2 respectively provide for protection of people who report incidents of discrimination or harassment, applicability with respect to certain institutions and other laws, and 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 provides that the bill will take effect 120 days after enactment.

JUSTIFICATION: All students need a safe, welcoming and affirming envi- ronment in school in order to concentrate on their academic and personal growth. They should never have to be preoccupied by the threat or actu- al occurrence of harassment or discrimination, be it verbal or physical, either from school employees or fellow students. 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 para- mount 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. By prohibiting harassment in public schools and establishing the procedures called for by the bill, the "Dignity for All Students Act" takes a major step in creating more nurturing environments in all our schools.

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. 8. 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. Bullying and harassment based on how a person 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.9491/S.1454 (2006), passed Assembly; A.4963/S.1454 (2005), passed Assembly; A.1118/S.1925 (2003-04) passed Assembly 2003 and 2004; A.2634-A /S.1628-A (2001-02) passed Assembly 2002; A.9244-A/S.5775-A (2000).

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect 120 days after enactment.

Sponsorship

S.3135 - SERRANO, ADAMS, BRESLIN, DIAZ, DILAN, DUANE, KLEIN, ONORATO, PARKER, SAMPSON, SAVINO, THOMPSON / - 1