BILL NUMBER:  S4843

 TITLE OF BILL :

An act to amend the education law, in relation to requiring the board
of education and the trustees or sole trustee of every school district
to establish policies and procedures regarding the treatment of
transgender or gender non-conforming students

 PURPOSE OR GENERAL IDEA OF BILL :

To ensure that New York's public school districts have procedures in
place to implement the anti-discrimination requirements of the Dignity
for All Students Act, as they pertain to transgender and gender
non-conforming students.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends section 13 of the education law by adding
a new subdivision 6. The new subdivision requires school districts to
develop policies and procedures to:

-Ensure that schools and school employees treat students consistently
with their gender identity or expression, including using pronouns and
names consistent with the student's gender identity or expression.

              

-Allow students to participate in sex-segregated activities and access
sex-segregated facilities in manner consistent with the student's
gender identity or expression.

-Protect students' privacy related to their transgender or gender
nonconforming status.

Section 2 sets the effective date.

 JUSTIFICATION :

New York's Dignity for All Students Act (DASA) was signed into law in
2010 and first implemented in 2012. DASA seeks to provide New York
State's public schools with a safe and supportive environment free
from discrimination, intimidation, taunting, harassment, and bullying
on school property or at school functions. Notably, DASA seeks to
prevent discrimination on the basis of a student's gender identity or
expression, among other characteristics including race, color, weight,
national origin, ethnic group, religion, religious practice,
disability, sexual orientation, or sex.

DASA's protection of transgender and gender non-conforming students is
especially important considering the experiences of LGBTQ youth in
schools. According to the 2015 National School Climate Survey by
GLSEN, the overwhelming majority of LGBTQ students routinely hear
anti-LGBT language and experience victimization and discrimination at
school, including:

-Nationally, 43.3% of LGBTQ students reported feeling unsafe at school
because of their gender expression.

-Half of New York LGBTQ students experienced verbal harassment at
school based on their sexual orientation or gender expression

-16% of New York LGBTQ students reported being physically harassed and
6% reported being physically assaulted due to their gender expression

-85% of New York LGBTQ students heard negative remarks about gender
expression at school, with 30% of New York students reporting such
remarks from teachers or other school staff
-46% of New York transgender students had been prevented by their
school from using their preferred name or pronoun, and 66% had been
required to use a bathroom or locker room of their sex assigned at
birth

The victimization and discrimination of LGBTQ students has devastating
effects. Transgender and gender non-conforming students experiencing
victimization due to their gender expression were almost three times
as likely to have missed school in a given month, had lower GPAs than
students who experienced less harassment, experienced lower
self-esteem and higher incidences of depression and suicidal ideation.
As the results of the GLSEN survey demonstrate, many transgender and
gender non-conforming students here in New York continue to face
discrimination and hostility while at school, from fellow students,
teachers, and administrative policies alike. This legislation would
help ensure that the implementation of DASA, particularly as the law
pertains to transgender and gender nonconforming students, is as
effective and tailored to the unique needs of these students as
possible.

By codifying a requirement that school districts have procedures and
policies in place to ensure that they treat students consistently with
their gender identity or expression, allow students to access
sex-segregated facilities and activities consistent with their gender
identity or expression, and protect the privacy of data related to
students' transgender or gender nonconforming status, this legislation
will help guide school districts towards best practices for creating a
safe, healthy learning environment for all students.

The policies specified in this bill are consistent with Title IX
guidance provided in a "Dear Colleague" memo issued by the U.S.
Department of Justice and the U.S. Department of Education on May 13,
2016, as well as a July 2015 memo entitled "Guidance to School
Districts for Creating a Safe and Supportive School Environment For
Transgender and Gender Nonconforming Students" issued by the New York
State Education Department. In the wake of the Trump administration's
February 2017 decision to rescind the May 2016 federal guidance, this
legislation will provide New York's public schools with clarity on the
policies that they'll need to implement to be compliant with the
anti-discrimination requirements of Title IX and DASA.

 PRIOR LEGISLATIVE HISTORY :

None, new bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.