S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1592
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Education
 
 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 transgen-
   der or gender non-conforming students

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 13 of the education law is amended by adding a new
 subdivision 6 to read as follows:
   6. POLICIES AND PROCEDURES THAT ENSURE THAT SCHOOLS  DO  NOT  TREAT  A
 TRANSGENDER  OR  GENDER  NON-CONFORMING STUDENT DIFFERENTLY FROM THE WAY
 THEY TREAT  OTHER  STUDENTS  OF  THE  SAME  GENDER  IDENTITY  OR  GENDER
 EXPRESSION THAT INCLUDE, BUT ARE NOT LIMITED TO POLICIES WHICH:
   A. ENSURE THAT SCHOOLS AND SCHOOL EMPLOYEES TREAT STUDENTS CONSISTENT-
 LY  WITH  THEIR  GENDER IDENTITY OR EXPRESSION, INCLUDING USING PRONOUNS
 AND NAMES CONSISTENT WITH THE STUDENT'S GENDER IDENTITY  OR  EXPRESSION,
 EVEN  IF  THEIR EDUCATION RECORDS OR IDENTIFICATION DOCUMENTS INDICATE A
 DIFFERENT SEX. SCHOOLS SHALL NOT REQUIRE THAT STUDENTS OBTAIN A  MEDICAL
 DIAGNOSIS,  TREATMENT,  OR  IDENTIFICATION  DOCUMENTS THAT REFLECT THEIR
 GENDER IDENTITY OR EXPRESSION AS A PREREQUISITE TO TREATING THE STUDENTS
 CONSISTENT WITH THEIR GENDER IDENTITY OR EXPRESSION;
   B. ALLOW STUDENTS TO  PARTICIPATE  IN  SEX-SEGREGATED  ACTIVITIES  AND
 ACCESS  SEX-SEGREGATED  FACILITIES,  INCLUDING  BUT NOT LIMITED TO REST-
 ROOMS, LOCKER ROOMS, ATHLETICS TEAMS, STUDENT ORGANIZATIONS,  SINGLE-SEX
 CLASSES,  AND  STUDENT  HOUSING OR OVERNIGHT ACCOMMODATIONS, IN A MANNER
 CONSISTENT WITH THE STUDENT'S GENDER IDENTITY OR EXPRESSION; AND
   C. PROTECT STUDENTS' PRIVACY RELATED TO THEIR  TRANSGENDER  OR  GENDER
 NON-CONFORMING  STATUS,  INCLUDING  THEIR  BIRTH NAME OR SEX ASSIGNED AT
 BIRTH, AND ALLOW STUDENTS TO REQUEST THAT A SCHOOL AMEND INFORMATION  IN
 THE  STUDENT'S  EDUCATION  RECORDS  RELATING TO THEIR GENDER IDENTITY OR
 EXPRESSION THAT IS  INACCURATE,  MISLEADING,  OR  IN  VIOLATION  OF  THE
 STUDENT'S PRIVACY RIGHTS.
   § 2. This act shall take effect immediately.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03861-01-9