Assembly Bill A10116

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10116
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation  to  protecting  students
   from  harassment and bullying by school board members and school trus-
   tees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 2 of section 11 of the education law, as
 added  by  chapter  482  of  the  laws  of  2010, are amended to read as
 follows:
   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; OR IN OR WITHIN A SCHOOL
 ADMINISTRATIVE BUILDING.
   2. "School function" shall mean  a  school-sponsored  extra-curricular
 event or activity, OR A SCHOOL BOARD OR TRUSTEE MEETING.
   §  2.  Subdivision 1 of section 12 of the education law, as amended by
 chapter 102 of the laws of 2012, is amended to read as follows:
   1. No student shall be subjected to harassment or bullying by  employ-
 ees,  SCHOOL BOARD MEMBERS, SCHOOL TRUSTEES, or students on school prop-
 erty or at a school function; nor shall  any  student  be  subjected  to
 discrimination  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,
 SCHOOL BOARD MEMBERS, SCHOOL TRUSTEES, 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 chapter and title IX  of
 the  Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.), or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15430-01-4
              

 A. 10116                            2
 
 to prohibit, as discrimination based on disability, actions  that  would
 be permissible under section 504 of the Rehabilitation Act of 1973.
   §  3.  Subdivision  1 of section 13 of the education law is amended by
 adding a new paragraph m to read as follows:
   M.   DEVELOP SUCH  POLICIES,  PROCEDURES  AND  GUIDELINES  TO  PREVENT
 STUDENTS FROM BEING BULLIED, HARASSED OR DISCRIMINATED AGAINST BY SCHOOL
 BOARD MEMBERS AND SCHOOL TRUSTEES;
   § 4. Section 16 of the education law, as amended by chapter 102 of the
 laws of 2012, is amended to read as follows:
   § 16. Protection of people who report harassment, bullying or discrim-
 ination.  Any  person  having reasonable cause to suspect that a student
 has been subjected to harassment,  bullying  or  discrimination,  by  an
 employee,  SCHOOL  BOARD  MEMBER,  SCHOOL  TRUSTEE or student, on school
 grounds or at a school function, who,  acting  reasonably  and  in  good
 faith, reports such information to school officials, to the commissioner
 or  to  law enforcement authorities, acts in compliance with paragraph e
 or i of subdivision one of section thirteen of this article,  or  other-
 wise  initiates,  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 retaliatory  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.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.