NY State Senate Bill 2017-S8068

Senate Bill S8068

2017-2018 Legislative Session

Relates to establishing an educational program related to the prevention of sexual harassment in schools

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2018	referred to education

co-Sponsors

2017-S8068 (ACTIVE) - Details

See Assembly Version of this Bill:: A10129
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A5159

2017-S8068 (ACTIVE) - Summary

Relates to establishing an educational program related to the prevention of sexual harassment in schools by contracting with an outside entity who has expertise in sexual harassment training in schools.

2017-S8068 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8068

SPONSOR: MARCELLINO
 
TITLE OF BILL:  An act to amend the education law, in relation to
establishing an educational program related to the prevention of sexual
harassment in schools

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish and develop an educa-
tional program within the NY State Education Department related to the
prevention of sexual harassment in grades kindergarten through twelve.
Such program shall be further defined by the commissioner in regulation
and shall be designed to educate students, parents and school personnel
about the prevention of sexual harassment in schools.

The State Education Commissioner, in collaboration with any other stake-
holder groups deemed appropriate by such commissioner, shall develop
age-appropriate model curriculum resources, including exemplar lesson
plans, and best practice instructional resources for students, parents
and school personnel designed to prevent sexual harassment in schools.
Such model curriculum, resources, lesson plans and instructional

resources shall include but not be limited to guidelines and methods of
prevention, indicators and warning signs of sexual harassment, guide-
lines and methods to prevent sexual harassment and how to report and
handle complaints of sexual harassment in schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:

57. Notwithstanding any other provision of law to the contrary, and
subject to an appropriation, the department of education shall contract
with an outside entity who has expertise in sexual harassment training
in schools to establish a sexual harassment prevention and education
program overseen by such department. The commissioner of education shall
work with such outside entity, to establish and develop an educational
program within such department related to the prevention of sexual
harassment in grades kindergarten through twelve. Such program shall be
further defined by such commissioner in regulation and shall be designed
to educate students, parents and school personnel about the prevention
of sexual harassment in schools. Such commissioner, in collaboration
with any other stakeholder groups deemed appropriate by such commission-
er, shall develop:

a. age-appropriate model curriculum resources, including exemplar lesson
plans, and best practice instructional resources for students, parents
and school personnel designed to prevent sexual harassment in schools.
Such model curriculum, resources, lesson plans and instructional
resources shall include but not be limited to guidelines and methods of
prevention, indicators and warning signs of sexual harassment, guide-
lines and methods to prevent sexual harassment and how to report
complaints of sexual harassment in schools

b. instructional tools and materials for students, parents and school
personnel, which shall include updated data and information on
complaints of sexual harassment in schools, with a review of such data

and information to occur periodically, at intervals deemed appropriate
by such commissioner

c. public availability of all materials related to the sexual harassment
education program on such department's website

 
JUSTIFICATION:

The justification for this bill is to establish a focused sexual harass-
ment prevention education program, one of which does not currently exist
in a comprehensive and focused way; considering that sexual harassment
is treated as a subtopic in existing sex education curriculum. Sexual
harassment is a complex topic, which is incredibly sensitive, nuanced,
and dynamic. Such a topic requires a careful and focused educational
approach. This type of education is designed to make a very clear under-
standing, in an age-appropriate way, of which behaviors are appropriate
and which behaviors are not appropriate.  Providing such education is
not only necessary, but it is a vital way to maintain decency and heal-
thy relationships in our schools. If children do not formally learn what
sexual harassment is, they are more likely to engage in such offensive
behaviors. It is appropriate and necessary for this type of education to
occur to prevent sexual harassing behaviors, which can lead to sexual
assault.

The State Education Commissioner, in collaboration with any other stake-
holder groups deemed appropriate by such commissioner, shall develop
age-appropriate model curriculum resources, including exemplar lesson
plans, and best practice instructional resources for students, parents
and school personnel designed to prevent sexual harassment in schools.
Such model curriculum, resources, lesson plans and instructional
resources shall include but not be limited to guidelines and methods of
prevention, indicators and warning signs of sexual harassment, guide-
lines and methods to prevent sexual harassment and how to report and
handle complaints of sexual harassment in schools.

In collaboration with the State Education Department, NYS 2018-2019
Budget appropriation language has been drafted to read as follows:

Budget Appropriation Language
General Fund
State Purposes Account - 10050
For services and expenses for the development of resources and training
related to sexual harassment and healthy relationships in schools
300,000

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on July 1 after the date on which it becomes
law.

2017-S8068 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8068
 
                             I N  S E N A T E
 
                              March 26, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to establishing an educa-
   tional program related to  the  prevention  of  sexual  harassment  in
   schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 57 to read as follows:
   57. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  AND
 SUBJECT  TO  AN  APPROPRIATION,  THE  DEPARTMENT  SHALL CONTRACT WITH AN
 OUTSIDE ENTITY WHO  HAS  EXPERTISE  IN  SEXUAL  HARASSMENT  TRAINING  IN
 SCHOOLS  TO  ESTABLISH  A  SEXUAL  HARASSMENT  PREVENTION  AND EDUCATION
 PROGRAM OVERSEEN BY SUCH DEPARTMENT. THE COMMISSIONER  SHALL  WORK  WITH
 SUCH  OUTSIDE  ENTITY,  TO  ESTABLISH AND DEVELOP AN EDUCATIONAL PROGRAM
 WITHIN SUCH DEPARTMENT RELATED TO THE PREVENTION OF SEXUAL HARASSMENT IN
 GRADES KINDERGARTEN  THROUGH  TWELVE.  SUCH  PROGRAM  SHALL  BE  FURTHER
 DEFINED  BY  SUCH  COMMISSIONER  IN  REGULATION AND SHALL BE DESIGNED TO
 EDUCATE STUDENTS, PARENTS AND SCHOOL PERSONNEL ABOUT THE  PREVENTION  OF
 SEXUAL  HARASSMENT  IN SCHOOLS. SUCH COMMISSIONER, IN COLLABORATION WITH
 ANY OTHER STAKEHOLDER GROUPS DEEMED APPROPRIATE  BY  SUCH  COMMISSIONER,
 SHALL DEVELOP:
   A.  AGE-APPROPRIATE  MODEL  CURRICULUM  RESOURCES,  INCLUDING EXEMPLAR
 LESSON PLANS, AND BEST PRACTICE INSTRUCTIONAL  RESOURCES  FOR  STUDENTS,
 PARENTS  AND  SCHOOL  PERSONNEL DESIGNED TO PREVENT SEXUAL HARASSMENT IN
 SCHOOLS. SUCH MODEL CURRICULUM, RESOURCES,  LESSON  PLANS  AND  INSTRUC-
 TIONAL  RESOURCES  SHALL  INCLUDE  BUT  NOT BE LIMITED TO GUIDELINES AND
 METHODS OF PREVENTION, INDICATORS AND WARNING SIGNS  OF  SEXUAL  HARASS-
 MENT,  GUIDELINES  AND  METHODS  TO PREVENT SEXUAL HARASSMENT AND HOW TO
 REPORT COMPLAINTS OF SEXUAL HARASSMENT IN SCHOOLS;
   B. INSTRUCTIONAL TOOLS AND MATERIALS FOR STUDENTS, PARENTS AND  SCHOOL
 PERSONNEL,   WHICH   SHALL  INCLUDE  UPDATED  DATA  AND  INFORMATION  ON
 COMPLAINTS OF SEXUAL HARASSMENT IN SCHOOLS, WITH A REVIEW OF  SUCH  DATA
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15110-01-8

 S. 8068                             2
 
 AND  INFORMATION  TO OCCUR PERIODICALLY, AT INTERVALS DEEMED APPROPRIATE
 BY SUCH COMMISSIONER; AND
   C.  PUBLIC AVAILABILITY OF ALL MATERIALS RELATED TO THE SEXUAL HARASS-
 MENT EDUCATION PROGRAM ON SUCH DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.

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Senate Bill S8068

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Sponsored By

Carl L. Marcellino