A. 7687--C 2
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 BOARD OR TRUSTEE MEETING OR a
school-sponsored [extra-curricular] OR SCHOOL-AUTHORIZED EXTRA-CURRICU-
LAR event or activity REGARDLESS OF WHERE SUCH EVENT OR ACTIVITY TAKES
PLACE, INCLUDING ANY EVENT OR ACTIVITY THAT MAY TAKE PLACE IN ANOTHER
STATE INCLUDING BUT NOT LIMITED TO FIELD TRIPS AND ATHLETIC PRACTICES,
SCRIMMAGES AND EVENTS.
7. "Harassment" [and "bullying"] shall mean the creation of a hostile
environment by conduct or by threats, intimidation or abuse, including
BY BULLYING, cyberbullying OR COERCIVE CONTROL, that (a) has or would
have the effect of unreasonably [and substantially] interfering with [a]
THE student's educational performance, opportunities or benefits, or
mental, emotional or physical well-being; or (b) reasonably causes or
would reasonably be expected to cause [a] SUCH student to fear for [his
or her] THEIR physical safety; or (c) reasonably causes or would reason-
ably be expected to cause physical injury or emotional harm to [a] SUCH
student; or (d) occurs off school property and creates or would foresee-
ably create a risk of [substantial] UNREASONABLE disruption within the
school environment, where it is foreseeable that the conduct, threats,
intimidation or abuse might reach school property. Acts of harassment,
[and] bullying AND COERCIVE CONTROL shall include, but not be limited
to, [those] acts based on a person's actual or perceived race, color,
weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender or sex. For the purposes of this
definition the term "threats, intimidation or abuse" shall include
verbal and non-verbal actions.
8. "Cyberbullying" shall mean harassment [or], bullying OR COERCIVE
CONTROL as defined in [subdivision seven of] this section, [including
paragraphs (a), (b), (c) and (d) of such subdivision,] where such
harassment [or], bullying, OR COERCIVE CONTROL occurs through any form
of electronic communication, INCLUDING BUT NOT LIMITED TO CELL PHONES,
EMAIL, SOCIAL MEDIA OR TEXT MESSAGING.
11. "BULLYING" SHALL MEAN A PATTERN OF DELIBERATE AGGRESSIVE ACTS BY A
PERSON OR GROUP INTENDED TO HARM, DOMINATE OR HUMILIATE ANOTHER PERSON
WHO IS IN ANY WAY PERCEIVED TO BE MORE VULNERABLE THAN THE AGGRESSOR.
BULLYING MAY INVOLVE VERBAL ATTACKS, TEASING, PHYSICAL ATTACKS, OR
THREATS OF HARM TO SUCH OTHER PERSON OR ANOTHER PERSON, INTENTIONALLY
SHARING PERSONAL OR PRIVATE INFORMATION OR IMAGES ABOUT SOMEONE WITHOUT
THEIR CONSENT CAUSING EMBARRASSMENT OR REPUTATIONAL HARM TO THEM, INTEN-
TIONALLY ALTERING THE PERSONAL INFORMATION OR THE SOCIAL MEDIA ACCOUNT
OF A PERSON WITHOUT THEIR CONSENT, INTENTIONALLY USING ARTIFICIAL INTEL-
LIGENCE TO MIMIC OR ALTER A PERSON'S LIKENESS OR VOICE WITHOUT THEIR
CONSENT, DELIBERATELY EXCLUDING A PERSON FROM ACTIVITIES, OR OTHER
FORMS OF INTIMIDATION. THE DELIBERATE TARGETING OF A MORE VULNERABLE
PERSON BY ONE PERSON OR A GROUP OF PERSONS DISTINGUISHES "BULLYING" FROM
"CONFLICT" OR OTHER KINDS OF AGGRESSION NOT ADDRESSED BY THIS ARTICLE.
"BULLYING" INVOLVES ONE PERSON OR A GROUP WITH AN INTENT TO HARM, DOMI-
NATE OR HUMILIATE ANOTHER PERSON WHO IS PERCEIVED BY THE BULLY AS HAVING
LESS POWER, INCLUDING BUT NOT LIMITED TO LESS PHYSICAL STRENGTH OR
SOCIAL POWER, AND IN A "CONFLICT" THERE IS A DISAGREEMENT BETWEEN TWO
ACTIVE PARTIES.
12. "COERCIVE CONTROL" SHALL MEAN A PATTERN OF BEHAVIOR USED BY A
PERSON WITH LEVERAGE OVER ANOTHER PERSON TO INFLUENCE SUCH OTHER
PERSON'S CONDUCT BY DOMINATING, ISOLATING OR INSTILLING FEAR OR
A. 7687--C 3
CONFUSION IN THEM AND WHICH RESULTS IN DISTRESS OR ERODES THEIR SENSE OF
AUTONOMY OR SAFETY. COERCIVE CONTROL MAY MANIFEST BETWEEN STUDENT PART-
NERS IN AN AFFECTIONATE RELATIONSHIP OR BETWEEN A SCHOOL EMPLOYEE,
SCHOOL COACH OR BOARD MEMBER OR TRUSTEE AND A STUDENT, AND MAY INVOLVE
SURVEILLANCE OVER THE OTHER PERSON, ISOLATING THE OTHER PERSON FROM
FRIENDS OR FAMILY, GASLIGHTING THE OTHER PERSON, PUNISHING THE OTHER
PERSON FOR ASSERTING AUTONOMY, OR ASSERTING RULES OVER THE OTHER
PERSON'S FRIENDSHIPS, CLOTHING, MOVEMENTS, COMMUNICATIONS, BODILY AUTON-
OMY OR EMOTIONAL EXPRESSION THROUGH FEAR, GUILT OR MANIPULATION.
13. "GASLIGHTING" SHALL MEAN THE ACT OF MANIPULATING A PERSON INTO
DOUBTING THEIR OWN PERCEPTIONS, MEMORY, OR UNDERSTANDING OF REALITY.
§ 3. 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 OR COER-
CIVE CONTROL by employees, SCHOOL COACHES, SCHOOL BOARD MEMBERS OR TRUS-
TEES, or students on school property [or], at a school function OR
THROUGH ANY FORM OF ELECTRONIC COMMUNICATION; 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 COACHES, SCHOOL BOARD MEMBERS OR TRUSTEES, or students
on school property [or], at a school function OR THROUGH ANY FORM OF
ELECTRONIC COMMUNICATION. 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
to prohibit, as discrimination based on disability, actions that would
be permissible under section 504 of the Rehabilitation Act of 1973.
§ 4. Subdivisions 1, 2, 4 and 5 of section 13 of the education law,
subdivisions 1 and 2 as amended and subdivisions 4 and 5 as added by
chapter 102 of the laws of 2012, are amended and a new subdivision 6 is
added to read as follows:
1. Policies and procedures intended to create a school environment
that is free from harassment, bullying, COERCIVE CONTROL and discrimi-
nation, that include but are not limited to provisions which:
a. identify the principal, superintendent or the principal's or super-
intendent's designee as the school employee charged with receiving
reports of harassment, bullying, COERCIVE CONTROL and discrimination;
b. enable students and parents to make an oral or written report of
harassment, bullying, COERCIVE CONTROL or discrimination to teachers,
administrators and other school personnel that the school district deems
appropriate, AS IDENTIFIED IN THE DISTRICT'S POLICIES, PROCEDURES AND
GUIDELINES;
c. require school employees, SCHOOL COACHES OR SCHOOL BOARD MEMBERS OR
TRUSTEES who witness harassment, bullying, COERCIVE CONTROL or discrimi-
nation, or receive an oral or written report of harassment, bullying,
COERCIVE CONTROL or discrimination, to promptly orally notify the prin-
cipal, superintendent or the principal's or superintendent's designee,
OR IN THE CASE OF AN EMPLOYEE, SCHOOL COACH OR SCHOOL BOARD MEMBER OR
TRUSTEE WHO RECEIVES A WRITTEN REPORT, TO PROMPTLY DELIVER SUCH REPORT,
not later than one school day after such school employee, SCHOOL COACH
OR SCHOOL BOARD MEMBER OR TRUSTEE witnesses or receives a report of
harassment, bullying, COERCIVE CONTROL or discrimination[, and to file a
written report with the principal, superintendent or the principal or
A. 7687--C 4
superintendent's designee not later than two school days after making
such oral report];
d. require the principal, superintendent or the principal's or super-
intendent's designee to (I) PREPARE A WRITTEN REPORT NOT LATER THAN ONE
SCHOOL DAY AFTER RECEIVING AN ORAL REPORT OF HARASSMENT, BULLYING, COER-
CIVE CONTROL OR DISCRIMINATION FROM A SCHOOL EMPLOYEE, SCHOOL COACH OR
SCHOOL BOARD MEMBER OR TRUSTEE; (II) lead or supervise the thorough
investigation of all reports of harassment, bullying, COERCIVE CONTROL
and discrimination, INCLUDING TO PROMPTLY BUT NOT LATER THAN ONE SCHOOL
DAY AFTER RECEIVING A REPORT OF HARASSMENT, BULLYING, COERCIVE CONTROL
OR DISCRIMINATION, CONTACT THE INDIVIDUAL WHO MADE SUCH REPORT, WHERE
POSSIBLE, TO DISCUSS ALLEGATIONS, ANY WITNESSES OR OTHER CORROBORATION
INCLUDING BUT NOT LIMITED TO SCREENSHOTS OF ELECTRONIC COMMUNICATIONS,
AND DESIRED RESOLUTIONS, AND TO PREPARE A WRITTEN REPORT OF SUCH MEET-
ING; and [to] (III) ensure that such investigation is completed promptly
after THE COMPLETION OR receipt of any written reports made under this
section;
e. require the school, when an investigation reveals any such verified
harassment, bullying, COERCIVE CONTROL or discrimination, to take prompt
actions reasonably calculated to end the harassment, bullying, COERCIVE
CONTROL or discrimination, eliminate any hostile environment, create a
more positive school culture and climate, prevent recurrence of the
behavior, and ensure the safety of the student or students against whom
such harassment, bullying, COERCIVE CONTROL or discrimination was
directed. Such actions shall be consistent with the guidelines created
pursuant to subdivision four of this section AND SHALL TAKE INTO CONSID-
ERATION WHETHER NOTIFICATION OF PERSONS IN PARENTAL RELATION TO THE
STUDENT WHO IS THE SUBJECT OF SUCH HARASSMENT, BULLYING, COERCIVE
CONTROL OR DISCRIMINATION IS IN THE BEST INTEREST OF THE STUDENT;
f. prohibit retaliation against any individual who, in good faith,
reports, or assists in the investigation of, harassment, bullying, COER-
CIVE CONTROL or discrimination;
F-1. PROVIDE FOR THE RECEIPT OF CREDIBLE ANONYMOUS TIPS AND INFORMA-
TION REGARDING HARASSMENT, BULLYING, COERCIVE CONTROL OR DISCRIMINATION;
g. include a school strategy to prevent harassment, bullying, COERCIVE
CONTROL and discrimination, INCLUDING BUT NOT LIMITED TO, PARENT EDUCA-
TION SESSIONS AND SEMIANNUAL AGE-APPROPRIATE SCHOOL ASSEMBLIES REGARDING
TOPICS SUCH AS CONFLICT RESOLUTION AND DE-ESCALATION TECHNIQUES;
h. require the principal to make a regular report on data and trends
related to harassment, bullying, COERCIVE CONTROL and discrimination to
the superintendent;
i. require the principal, superintendent or the principal's or super-
intendent's designee, to notify promptly the appropriate local law
enforcement agency when such principal, superintendent or the princi-
pal's or superintendent's designee, believes that any harassment, bully-
ing, COERCIVE CONTROL or discrimination constitutes criminal conduct;
j. include appropriate references to the provisions of the school
district's code of conduct, INCLUDING THE CODE OF CONDUCT FOR SCHOOL
COACHES, adopted pursuant to section twenty-eight hundred one of this
chapter that are relevant to harassment, bullying, COERCIVE CONTROL and
discrimination;
k. require each school, at least once during each school year, to
provide all school employees, SCHOOL COACHES, students [and], parents OR
GUARDIANS AND SCHOOL BOARD MEMBERS OR TRUSTEES with a written or elec-
tronic copy of the school district's policies created pursuant to this
section, or a plain-language summary thereof, including notification of
A. 7687--C 5
the process by which students, parents [and] OR GUARDIANS, school
employees, SCHOOL COACHES OR SCHOOL BOARD MEMBERS OR TRUSTEES may report
harassment, bullying, OR COERCIVE CONTROL and discrimination, PROVIDE
COPIES OF SUCH PLAIN-LANGUAGE SUMMARY TO ALL STUDENTS AT A GENERAL
ASSEMBLY HELD AT THE BEGINNING OF THE SCHOOL YEAR, AND CONSPICUOUSLY
POST A WRITTEN NOTIFICATION INFORMING STUDENTS ABOUT SUCH POLICY, THE
NAME OF THE SCHOOL EMPLOYEE DESIGNATED TO RECEIVE REPORTS OF HARASSMENT,
BULLYING, COERCIVE CONTROL OR DISCRIMINATION AND THE WEB ADDRESS FOR THE
NEW YORK STATE CENTER FOR SCHOOL SAFETY IN THE SCHOOL LOBBY AND IN EVERY
RESTROOM USED BY STUDENTS AS WELL AS OTHER PARTS OF THE SCHOOL WHERE
STUDENTS ARE LIKELY TO SEE SUCH POSTED NOTIFICATION. [This subdivision
shall not be construed to require additional distribution of such poli-
cies and guidelines if they are otherwise distributed to school employ-
ees, students and parents];
l. maintain current versions of the school district's policies created
pursuant to this section on the school district's internet website, if
one exists; AND
M. INCLUDE A SCHOOL STRATEGY TO FOSTER SAFE, RESPONSIBLE USE OF THE
INTERNET AND ELECTRONIC COMMUNICATIONS; AND
2. Guidelines to be used in school training programs to discourage the
development of harassment, bullying, COERCIVE CONTROL AND discrimi-
nation, and to make school employees, SCHOOL COACHES AND SCHOOL BOARD
MEMBERS OR TRUSTEES aware of the effects of harassment, bullying, COER-
CIVE CONTROL, cyberbullying and discrimination on students and that are
designed:
a. to raise the awareness and sensitivity of school employees, SCHOOL
COACHES AND SCHOOL BOARD MEMBERS OR TRUSTEES to potential harassment,
bullying, COERCIVE CONTROL and discrimination, and
b. to enable employees, SCHOOL COACHES AND SCHOOL BOARD MEMBERS OR
TRUSTEES to prevent and respond to harassment, bullying, COERCIVE
CONTROL and discrimination; and
4. Guidelines relating to the development of measured, balanced and
age-appropriate responses to instances of harassment, bullying, COERCIVE
CONTROL or discrimination by students, with remedies and procedures
following a progressive model that make appropriate use of intervention,
discipline and education, vary in method according to the nature of the
behavior, the developmental age of the student and the student's history
of problem behaviors, and are consistent with the district's code of
conduct; and
5. Training required by this section shall address the social patterns
of harassment, bullying, COERCIVE CONTROL and discrimination, as defined
in section eleven of this article, including but not limited to those
acts based on a person's actual or perceived race, color, weight,
national origin, ethnic group, religion, religious practice, disability,
sexual orientation, gender or sex, the identification and mitigation of
harassment, bullying, COERCIVE CONTROL and discrimination INCLUDING BUT
NOT LIMITED TO TRAINING IN RESTORATIVE JUSTICE AND MEDIATION TECHNIQUES,
and strategies for effectively addressing problems of exclusion, bias
and aggression in educational settings[.]; AND
6. THE GOVERNING BOARD OR BODY OF A LOCAL EDUCATIONAL AGENCY SHALL
REVIEW, AT MINIMUM EVERY FIFTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
SUBDIVISION, ITS POLICIES, PROCEDURES, AND GUIDELINES ON HARASSMENT,
BULLYING, COERCIVE CONTROL AND DISCRIMINATION AND, IF NECESSARY, UPDATE
SUCH POLICIES, PROCEDURES, AND GUIDELINES.
§ 5. Subdivisions 1 and 5 of section 14 of the education law, subdivi-
sion 1 as amended by chapter 102 of the laws of 2012, and subdivision 5
A. 7687--C 6
as amended by chapter 90 of the laws of 2013, are amended to read as
follows:
1. Provide direction, which may include development of model policies
and, to the extent possible, direct services, to school districts
related to preventing harassment, bullying, COERCIVE CONTROL and
discrimination and to fostering an environment in every school where all
children can learn free of manifestations of bias;
5. [The commissioner shall prescribe] PRESCRIBE regulations that
school professionals applying on or after December thirty-first, two
thousand thirteen for a certificate or license, including but not limit-
ed to a certificate or license valid for service as a classroom teacher,
school counselor, school psychologist, school social worker, SCHOOL
COACH, school administrator or supervisor or superintendent of schools
shall, in addition to all other certification or licensing requirements,
have completed training on the social patterns of harassment, bullying
and discrimination, as defined in section eleven of this article,
including but not limited to those acts based on a person's actual or
perceived race, color, weight, national origin, ethnic group, religion,
religious practice, disability, sexual orientation, gender or sex, the
identification and mitigation of harassment, bullying, COERCIVE CONTROL
and discrimination, and strategies for effectively addressing problems
of exclusion, bias and aggression in educational settings.
§ 6. Section 15 of the education law, as amended by chapter 102 of the
laws of 2012, is amended to read as follows:
§ 15. Reporting by commissioner AND USE OF REPORTS. 1. The commis-
sioner shall create a procedure under which [material] RELEVANT inci-
dents of harassment, bullying and discrimination on school grounds [or],
at a school function, OR THROUGH ANY FORM OF ELECTRONIC COMMUNICATION
are reported to the department at least on an annual basis. Such proce-
dure shall provide that such reports shall[, wherever possible,] also
delineate the specific nature of such incidents of harassment, bullying
OR COERCIVE CONTROL and discrimination, [provided that the commissioner
may comply with the requirements of this section through use of the
existing uniform violent incident reporting system] INCLUDING, BUT NOT
LIMITED TO, WHETHER AN INCIDENT CONSTITUTED HARASSMENT, BULLYING, COER-
CIVE CONTROL, CYBERBULLYING, DISCRIMINATION OR ANY COMBINATION THEREOF;
WHETHER AN INCIDENT INVOLVED A STUDENT, SCHOOL EMPLOYEE, SCHOOL COACH OR
SCHOOL BOARD MEMBER OR TRUSTEE AGGRESSOR AND WHETHER SUCH AGGRESSOR
ACTED INDIVIDUALLY OR IN A GROUP; THE SCHOOL'S RESPONSE TO SUCH INCI-
DENT; WHETHER A TARGETED STUDENT WITHDREW FROM SCHOOL OR RELOCATED
SCHOOLS WITHIN THE CURRENT OR IMMEDIATELY SUBSEQUENT SCHOOL YEAR FOLLOW-
ING A REPORT OF AN INCIDENT; AND THE TOTAL NUMBER OF REPORTS DISMISSED
AND THE RESOLUTION FOR EACH. NOTWITHSTANDING ANY PROVISION IN THIS ARTI-
CLE TO THE CONTRARY, EFFECTIVE RESOLUTION OF AN INCIDENT DOES NOT NEGATE
THE DISTRICT'S OBLIGATION TO REPORT IT TO THE DEPARTMENT. In addition,
the department [may conduct research or] SHALL REQUEST THE COMPTROLLER
TO undertake studies to determine compliance throughout the state with
the provisions of this article.
2. THE COMMISSIONER SHALL USE SUCH REPORTS AND DATA TO IDENTIFY
SCHOOLS AND DISTRICTS THAT MAY BENEFIT FROM ASSISTANCE TO MEET THE STAN-
DARDS AND OBJECTIVES OF THIS ARTICLE. THE COMMISSIONER SHALL PROMULGATE
POLICIES AND PROCEDURES FOR IMPROVING CONDITIONS AT THESE SCHOOLS TO
ENSURE PROPER TRAINING, SUPPORT, AND COMPLIANCE WITH ALL REQUIREMENTS.
3. THE COMMISSIONER SHALL DELIVER THE REPORT REFERENCED IN SUBDIVISION
ONE OF THIS SECTION TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE
A. 7687--C 7
ASSEMBLY, CHAIR AND RANKING MEMBER OF THE SENATE EDUCATION COMMITTEE AND
CHAIR AND RANKING MEMBER OF THE ASSEMBLY EDUCATION COMMITTEE EVERY TWO
YEARS ON OR BEFORE THE FIRST DAY OF NOVEMBER.
§ 7. 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, COERCIVE
CONTROL or discrimination. Any person having reasonable cause to suspect
that a student has been subjected to harassment, bullying, COERCIVE
CONTROL or discrimination, by an employee, SCHOOL COACH, SCHOOL BOARD
MEMBER OR TRUSTEE or student, on school grounds [or], at a school func-
tion OR THROUGH ANY FORM OF ELECTRONIC COMMUNICATION, who, acting
reasonably and in good faith, reports such information to school offi-
cials, 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 otherwise 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, SCHOOL COACH, OR SCHOOL BOARD MEMBER OR TRUSTEE 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.
§ 8. The education law is amended by adding a new article 2-B to read
as follows:
ARTICLE 2-B
STUDENT SUICIDE PREVENTION
SECTION 24. LEGISLATIVE INTENT.
25. DEFINITIONS.
26. POLICIES, PROCEDURES, AND GUIDELINES.
27. REPORTING.
28. APPLICATION.
29. SEVERABILITY AND CONSTRUCTION.
§ 24. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DECLARES THE
FOLLOWING:
1. ACCORDING TO DATA FROM THE NATIONAL CENTER FOR HEALTH STATISTICS,
SUICIDE REMAINS A CRITICAL ISSUE. IN TWO THOUSAND TWENTY-ONE SUICIDE WAS
THE SECOND LEADING CAUSE OF DEATH FOR YOUTH AND YOUNG ADULTS TEN TO
TWENTY-FOUR YEARS OF AGE, INCLUSIVE, IN BOTH THE UNITED STATES AND IN
NEW YORK STATE.
2. AS CHILDREN AND TEENS SPEND A SIGNIFICANT AMOUNT OF THEIR YOUNG
LIVES IN SCHOOL, THE PERSONNEL WHO INTERACT WITH THEM ON A DAILY BASIS
ARE ESSENTIAL GATEKEEPERS FOR RECOGNIZING WARNING SIGNS OF SUICIDE AND
MAKING THE APPROPRIATE REFERRALS FOR HELP.
3. IN A NATIONAL SURVEY CONDUCTED BY THE JASON FOUNDATION, A TEACHER
WAS IDENTIFIED AS THE NUMBER ONE PERSON TO WHOM A STUDENT WOULD TURN TO
HELP A FRIEND WHO MIGHT BE SUICIDAL. IT IS IMPERATIVE THAT WHEN A YOUNG
PERSON COMES TO A TEACHER FOR HELP, SUCH TEACHER HAS THE KNOWLEDGE,
TOOLS, AND RESOURCES TO RESPOND CORRECTLY.
4. IN THE YEAR TWO THOUSAND EIGHTEEN, THE FEDERAL CENTERS FOR DISEASE
CONTROL AND PREVENTION FOUND IN ITS YOUTH RISK BEHAVIOR SURVEY THAT
LESBIAN, GAY, AND BISEXUAL YOUTH ARE ALMOST FOUR TIMES MORE LIKELY TO
SERIOUSLY CONSIDER ATTEMPTING SUICIDE, HAVE MADE A SUICIDE PLAN, OR HAVE
ATTEMPTED SUICIDE, THAN THEIR HETEROSEXUAL PEERS. IN THE TWO THOUSAND
A. 7687--C 8
TWENTY-FOUR TREVOR PROJECT NATIONAL SURVEY, THIRTY-NINE PERCENT OF
LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING (LGBTQ) YOUTH
SERIOUSLY CONSIDERED ATTEMPTING SUICIDE IN THE PAST YEAR, AND TWELVE
PERCENT ATTEMPTED SUICIDE.
5. THERE ARE NATIONAL HOTLINES AVAILABLE TO HELP ADULTS AND YOUTH,
INCLUDING LGBTQ YOUTH, WHO ARE EXPERIENCING SUICIDAL IDEATION OR WHO ARE
WORRIED ABOUT A FAMILY MEMBER OR PEER WHO MAY BE AT RISK, INCLUDING THE
NATIONAL SUICIDE PREVENTION LIFELINE, THE CRISIS TEXT LINE, THE TREVOR
PROJECT LIFELINE, AND TREVORCHAT.
6. ACCORDING TO THE FAMILY ACCEPTANCE PROJECT, RESEARCH HAS FOUND
THAT, FOR AN LGBTQ YOUTH, HAVING AT LEAST ONE SUPPORTIVE ADULT CAN
REDUCE THE YOUTH'S RISK OF SUICIDE.
7. NEW YORK STATE SCHOOLS FACE THE SERIOUS ISSUES OF STUDENTS AT HIGH
RISK OF SUICIDE AND DEATH BY SUICIDE IN THE SCHOOL COMMUNITIES. SCHOOL
PERSONNEL MUST BE SUPPORTED BY CLEAR POLICIES AND PROCEDURES, WHICH
SERVE AS AN EASILY-ACCESSIBLE ROADMAP, ELIMINATE CONFUSION OVER EDUCATOR
ROLES AND THE REFERRAL PROCESS, AND EQUIP EDUCATORS WITH THE TOOLS TO
RESPOND SAFELY WHEN A SUICIDE DOES OCCUR IN THE SCHOOL COMMUNITY.
§ 25. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CRISIS SITUATION" MEANS A SITUATION WHERE A TEACHER OR OTHER LOCAL
EDUCATIONAL AGENCY EMPLOYEE BELIEVES A STUDENT OR OTHER INDIVIDUAL IS IN
IMMINENT DANGER OF A SUICIDE ATTEMPT.
2. "LGBTQ" MEANS INDIVIDUALS WHO IDENTIFY, WITH REGARDS TO GENDER, AS
BEING LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, OR QUESTIONING.
3. "LOCAL EDUCATIONAL AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES, SCHOOL, OR THE EDUCATION DEPARTMENT.
4. "SUICIDE INTERVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE IN
RESPONSE TO SUICIDAL BEHAVIOR BY A STUDENT, INCLUDING, BUT NOT LIMITED
TO:
A. STUDENT SUPERVISION;
B. NOTIFICATION OF PARENTS OR GUARDIANS;
C. CRISIS SITUATION RESPONSE PROTOCOLS;
D. WHEN AND HOW TO REQUEST AN IMMEDIATE MENTAL HEALTH ASSESSMENT OR
EMERGENCY SERVICES; AND
E. SCHOOL RE-ENTRY PROCEDURES FOLLOWING A STUDENT MENTAL HEALTH
CRISIS.
5. "SUICIDE POSTVENTION" MEANS PLANNED SUPPORT AND INTERVENTIONS
SCHOOLS CAN IMPLEMENT AFTER A SUICIDE ATTEMPT OR SUICIDE DEATH OF A
MEMBER OF THE SCHOOL COMMUNITY THAT ARE DESIGNED TO:
A. REDUCE THE RISK OF THE SPREAD OF SUICIDAL THOUGHTS OR INTENTIONS;
B. PROVIDE SUPPORT FOR AFFECTED STUDENTS AND SCHOOL-BASED PERSONNEL;
C. ADDRESS THE SOCIAL STIGMA ASSOCIATED WITH SUICIDE; AND
D. DISSEMINATE FACTUAL INFORMATION ABOUT SUICIDE AND ITS PREVENTION.
6. "SUICIDE PREVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE TO
RECOGNIZE AND REDUCE SUICIDAL BEHAVIOR, INCLUDING, BUT NOT LIMITED TO:
A. IDENTIFYING RISKS AND PROTECTIVE FACTORS FOR SUICIDE AND SUICIDE
WARNING SIGNS;
B. ESTABLISHING A PROCESS BY WHICH STUDENTS ARE REFERRED TO A MENTAL
AND BEHAVIORAL HEALTH PROVIDER FOR HELP;
C. MAKING AVAILABLE SCHOOL-BASED AND COMMUNITY-BASED MENTAL HEALTH
SUPPORTS;
D. PROVIDING THE LOCATION OF AVAILABLE ONLINE AND COMMUNITY SUICIDE
PREVENTION RESOURCES, INCLUDING LOCAL CRISIS CENTERS AND HOTLINES;
A. 7687--C 9
E. ADOPTING POLICIES AND PROTOCOLS REGARDING SUICIDE PREVENTION,
INTERVENTION, AND POSTVENTION, SCHOOL SAFETY, AND RESPONSE TO CRISIS
SITUATIONS;
F. TRAINING FOR SCHOOL PERSONNEL WHO INTERACT DIRECTLY WITH STUDENTS
IN RECOGNIZING SUICIDE RISKS AND WARNING SIGNS AND HOW TO REFER STUDENTS
FOR FURTHER ASSESSMENT AND EVALUATION; AND
G. INSTRUCTION TO STUDENTS IN PROBLEM-SOLVING AND COPING SKILLS TO
PROMOTE STUDENTS' MENTAL, EMOTIONAL, AND SOCIAL HEALTH AND WELL-BEING,
AND INSTRUCTION IN RECOGNIZING AND APPROPRIATELY RESPONDING TO SIGNS OF
SUICIDAL INTENT IN OTHERS.
7. "MECHANICAL RESTRAINTS" MEANS ANY DEVICE THAT RESTRICTS AN INDIVID-
UAL'S FREEDOM OF MOVEMENT AND THAT THE INDIVIDUAL CANNOT EASILY REMOVE,
INCLUDING BUT NOT LIMITED TO HANDCUFFS AND NYLON OR VELCRO RESTRAINTS.
§ 26. POLICIES, PROCEDURES, AND GUIDELINES. 1. THE GOVERNING BOARD OR
BODY OF EVERY LOCAL EDUCATIONAL AGENCY THAT SERVES STUDENTS IN GRADES
SEVEN TO TWELVE, INCLUSIVE, SHALL, BEFORE THE FIRST DAY OF AUGUST, TWO
THOUSAND TWENTY-SEVEN, ADOPT POLICIES, PROCEDURES, AND GUIDELINES ON
STUDENT SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION FOR STUDENTS
IN SUCH GRADES. SUCH POLICIES, PROCEDURES, AND GUIDELINES SHALL BE
DEVELOPED IN CONSULTATION WITH SCHOOL AND COMMUNITY STAKEHOLDERS,
SCHOOL-EMPLOYED MENTAL HEALTH PROFESSIONALS, AND SUICIDE PREVENTION
EXPERTS, AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. METHODS TO INCREASE AWARENESS OF THE RELATIONSHIP BETWEEN SUICIDE
AND SUICIDE RISK FACTORS, INCLUDING, BUT NOT LIMITED TO:
I. MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
II. CHILDHOOD ABUSE, NEGLECT, OR TRAUMA;
III. PROLONGED STRESS, INCLUDING INDIVIDUAL EXPERIENCES SUCH AS BULLY-
ING, HARASSMENT, COERCIVE CONTROL, FAMILY OR RELATIONSHIP STRESS, OR
OTHER STRESSFUL LIFE EVENTS, AS WELL AS COLLECTIVE STRESSORS SUCH AS
SYSTEMIC BIAS AND DISCRIMINATION;
IV. EXPOSURE TO ANOTHER PERSON'S SUICIDE, OR SENSATIONALIZED OR GRAPH-
IC ACCOUNTS OF SUICIDE; AND
V. PREVIOUS SUICIDE ATTEMPTS OR HISTORY OF SUICIDE WITHIN A STUDENT'S
FAMILY;
B. IDENTIFICATION OF TRAINING OPPORTUNITIES ON RECOGNIZING SUICIDE
RISKS, AND REFERRAL PROCEDURES AVAILABLE TO SCHOOL EMPLOYEES;
C. AVAILABILITY OF EXPERTISE FROM SCHOOL EMPLOYEES WHO HAVE BEEN
TRAINED IN RECOGNIZING SUICIDE RISKS, AND REFERRAL PROCEDURES;
D. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO SUSPICION, CONCERNS, OR
WARNING SIGNS OF SUICIDE IN STUDENTS;
E. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO A CRISIS SITUATION WHERE A
STUDENT IS IN IMMINENT DANGER TO THEMSELF;
F. POLICIES AND PROTOCOLS FOR COMMUNICATION WITH PARENTS, INCLUDING
THOSE THAT SPECIFY WHAT TO DO IF PARENTAL NOTIFICATION IS NOT IN THE
BEST INTEREST OF THE STUDENT;
G. COUNSELING SERVICES AVAILABLE WITHIN THE SCHOOL FOR STUDENTS AND
THEIR FAMILIES THAT ARE RELATED TO SUICIDE PREVENTION;
H. AVAILABILITY OF INFORMATION CONCERNING CRISIS SITUATION INTER-
VENTION, SUICIDE PREVENTION, AND MENTAL HEALTH SERVICES IN THE COMMUNITY
FOR STUDENTS AND THEIR FAMILIES AND SCHOOL EMPLOYEES;
I. IDENTIFICATION AND DEVELOPMENT OF PARTNERSHIPS WITH COMMUNITY
ORGANIZATIONS AND AGENCIES FOR REFERRAL OF STUDENTS TO HEALTH, MENTAL
HEALTH, SUBSTANCE USE, AND SOCIAL SUPPORT SERVICES, INCLUDING DEVELOP-
MENT OF AT LEAST ONE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOCAL
EDUCATION AGENCY AND SUCH AN ORGANIZATION OR AGENCY IN THE COMMUNITY OR
REGION, OTHER THAN A LAW ENFORCEMENT AGENCY;
A. 7687--C 10
J. DEVELOPMENT OF A CULTURALLY COMPETENT PLAN TO ASSIST SURVIVORS OF
ATTEMPTED SUICIDE AND TO ASSIST STUDENTS AND SCHOOL EMPLOYEES IN COPING
WITH AN ATTEMPTED SUICIDE OR A SUICIDE DEATH WITHIN THE SCHOOL COMMUNI-
TY; AND
K. DEVELOPMENT OF ANY OTHER RELATED PROGRAM OR ACTIVITY FOR STUDENTS
OR SCHOOL EMPLOYEES.
2. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL SPECIFICALLY ADDRESS THE NEEDS OF HIGH-
RISK GROUPS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
A. STUDENTS WHO HAVE LOST A FRIEND OR FAMILY MEMBER TO SUICIDE;
B. STUDENTS WITH DISABILITIES OR WITH CHRONIC HEALTH CONDITIONS,
INCLUDING MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
C. STUDENTS EXPERIENCING HOMELESSNESS OR IN OUT-OF-HOME SETTINGS, SUCH
AS FOSTER CARE;
D. LGBTQ STUDENTS; AND
E. STUDENTS WHO HAVE BEEN THE TARGET OF HARASSMENT, BULLYING, COERCIVE
CONTROL OR DISCRIMINATION.
3. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL BE WRITTEN TO ENSURE THAT A SCHOOL
EMPLOYEE ACTS ONLY WITHIN THE AUTHORIZATION AND SCOPE OF SUCH EMPLOYEE'S
CREDENTIAL OR LICENSE. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
AUTHORIZING OR ENCOURAGING A SCHOOL EMPLOYEE TO DIAGNOSE OR TREAT MENTAL
HEALTH CONDITIONS UNLESS SUCH EMPLOYEE IS SPECIFICALLY LICENSED AND
EMPLOYED TO DO SO.
4. THE POLICIES, PROCEDURES AND GUIDELINES ADOPTED PURSUANT TO THIS
SECTION SHALL ENSURE THAT SCHOOL OFFICIALS ARE SOLELY RESPONSIBLE FOR
RESPONDING TO STUDENT BEHAVIOR. SUCH POLICIES, PROCEDURES AND GUIDELINES
SHALL MAKE CLEAR THAT LAW ENFORCEMENT INVOLVEMENT IN ADDRESSING STUDENT
BEHAVIOR SHOULD BE THE LAST RESORT AND SHALL MAKE CLEAR THAT UNLESS
OTHERWISE AUTHORIZED BY STATE LAW:
A. LAW ENFORCEMENT OFFICERS AND SCHOOL RESOURCE OFFICERS SHALL NOT USE
MECHANICAL RESTRAINTS ON A STUDENT UNLESS SUCH RESTRAINTS ARE NECESSARY
TO PREVENT IMMINENT AND SERIOUS PHYSICAL INJURY TO SUCH STUDENT OR
ANOTHER PERSON, AND THE USE OF SUCH RESTRAINTS IS LIMITED IN DURATION TO
THE TIME PERIOD IN WHICH SUCH STUDENT PRESENTS A RISK OF CAUSING SERIOUS
PHYSICAL INJURY TO THEMSELVES OR OTHERS; AND
B. ANY DETERMINATION THAT A STUDENT REQUIRES HOSPITAL TRANSPORT FOR A
MENTAL HEALTH EVALUATION SHALL WHENEVER PRACTICABLE BE MADE BY A CLIN-
ICALLY TRAINED MENTAL HEALTH PROFESSIONAL. SUCH STUDENT SHALL BE ACCOM-
PANIED DURING SUCH TRANSPORT BY A DESIGNATED SCHOOL EMPLOYEE, AND SUCH
PERSON SHALL STAY WITH THE STUDENT UNTIL THEIR PARENT OR PARENT'S DESIG-
NEE ARRIVES. THE SCHOOL SHALL BE RESPONSIBLE FOR CONTACTING THE PARENT
WHEN SUCH HOSPITAL TRANSPORT IS NEEDED.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
CAUSE OF ACTION MAY BE BROUGHT FOR ANY LOSS OR DAMAGE CAUSED BY ANY ACT
OR OMISSION RESULTING FROM THE IMPLEMENTATION OF THE PROVISIONS OF THIS
ARTICLE, OR RESULTING FROM ANY TRAINING, OR LACK OF TRAINING, REQUIRED
BY THIS ARTICLE. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE
ANY SPECIFIC DUTY OF CARE.
6. TO ASSIST LOCAL EDUCATIONAL AGENCIES IN DEVELOPING POLICIES FOR
STUDENT SUICIDE PREVENTION, THE DEPARTMENT SHALL DEVELOP AND MAINTAIN
MODEL POLICIES, PROCEDURES, AND GUIDELINES IN ACCORDANCE WITH THIS
SECTION TO SERVE AS A GUIDE FOR LOCAL EDUCATIONAL AGENCIES. SUCH MODEL
POLICIES, PROCEDURES, AND GUIDELINES SHALL BE POSTED WITHIN THIRTY DAYS
OF THEIR COMPLETION ON THE DEPARTMENT'S INTERNET WEBSITE, ALONG WITH
RELEVANT RESOURCES AND INFORMATION TO SUPPORT SCHOOLS IN DEVELOPING AND
A. 7687--C 11
IMPLEMENTING THE POLICIES, PROCEDURES, AND GUIDELINES REQUIRED UNDER
SUBDIVISION ONE OF THIS SECTION.
7. THE GOVERNING BOARD OR BODY OF A LOCAL EDUCATIONAL AGENCY THAT
SERVES STUDENTS IN GRADES SEVEN TO TWELVE, INCLUSIVE, SHALL REVIEW, AT
MINIMUM EVERY FIFTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
ITS POLICIES, PROCEDURES, AND GUIDELINES ON STUDENT SUICIDE PREVENTION
AND, IF NECESSARY, UPDATE SUCH POLICIES, PROCEDURES, AND GUIDELINES.
§ 27. REPORTING. 1. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, SHALL CREATE A PROCEDURE UNDER WHICH INCIDENTS OF
SUICIDE OR ATTEMPTED SUICIDE BY STUDENTS ARE REPORTED TO THE DEPARTMENT
AT LEAST ON AN ANNUAL BASIS. SUCH PROCEDURE SHALL PROVIDE THAT SUCH
REPORTS SHALL ALSO DELINEATE WHETHER SUCH STUDENT WAS THE SUBJECT OF A
REPORT OF HARASSMENT, BULLYING, COERCIVE CONTROL OR DISCRIMINATION; AND
WHETHER THEY HAD TRANSFERRED INTO THE SCHOOL WITHIN THE PRECEDING TWELVE
MONTHS. IN ADDITION, THE DEPARTMENT SHALL REQUEST THE COMPTROLLER TO
UNDERTAKE STUDIES TO DETERMINE COMPLIANCE THROUGHOUT THE STATE WITH THE
PROVISIONS OF THIS ARTICLE.
2. THE COMMISSIONER SHALL USE SUCH REPORTS AND DATA TO IDENTIFY
SCHOOLS AND DISTRICTS THAT MAY BENEFIT FROM ASSISTANCE TO MEET THE STAN-
DARDS AND OBJECTIVES OF THIS ARTICLE. THE COMMISSIONER SHALL PROMULGATE
POLICIES AND PROCEDURES FOR IMPROVING CONDITIONS AT THESE SCHOOLS TO
ENSURE PROPER TRAINING, SUPPORT, AND COMPLIANCE WITH ALL REQUIREMENTS.
3. THE COMMISSIONER SHALL DELIVER THE REPORT REFERENCED IN SUBDIVISION
ONE OF THIS SECTION TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE
ASSEMBLY, CHAIR AND RANKING MEMBER OF THE SENATE EDUCATION COMMITTEE AND
CHAIR AND RANKING MEMBER OF THE ASSEMBLY EDUCATION COMMITTEE EVERY TWO
YEARS ON OR BEFORE THE FIRST DAY OF NOVEMBER.
§ 28. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
PRIVATE AND PUBLIC EDUCATIONAL INSTITUTIONS IN NEW YORK STATE.
§ 29. SEVERABILITY AND CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE
SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION DECLARES
ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE TO BE INVALID,
OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
DECLARED INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLI-
CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL BE
LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
§ 9. Section 801-a of the education law, as amended by section 102 of
the laws of 2012, is amended to read as follows:
§ 801-a. Instruction in civility, citizenship [and], character educa-
tion, DIGITAL CITIZENSHIP, AND MEDIA LITERACY.
1. The regents shall ensure that the course of instruction in grades
kindergarten through twelve includes a component on civility, citizen-
ship, and character education. Such component shall instruct students on
the principles of honesty, tolerance, personal responsibility, AND
respect for others, with an emphasis on discouraging acts of harassment,
bullying, COERCIVE CONTROL, discrimination, observance of laws and
rules, courtesy, dignity, and other traits which will enhance the quali-
ty of their experiences in, and contributions to, the community. Such
component shall include instruction of safe, responsible use of the
internet and electronic communications. The regents shall determine how
to incorporate such component in existing curricula and the commissioner
shall promulgate any regulations needed to carry out such determination
of the regents.
2. For the purposes of this section, ["tolerance," "respect for
others" and "dignity" shall include awareness and sensitivity to harass-
A. 7687--C 12
ment, bullying, discrimination and civility in the relations of people
of different races, weights, national origins, ethnic groups, religions,
religious practices, mental or physical abilities, sexual orientations,
genders, and sexes.] THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
A. "TOLERANCE", "RESPECT FOR OTHERS", AND "DIGNITY" SHALL INCLUDE
AWARENESS AND SENSITIVITY TO HARASSMENT, BULLYING, COERCIVE CONTROL,
DISCRIMINATION, AND CIVILITY IN THE RELATIONS OF DIFFERENT RACES,
WEIGHTS, NATIONAL ORIGINS, ETHNIC GROUPS, RELIGIONS, RELIGIOUS PRAC-
TICES, MENTAL OR PHYSICAL ABILITIES, SEXUAL ORIENTATIONS, GENDERS, AND
SEXES.
B. "DIGITAL CITIZENSHIP" SHALL MEAN A DIVERSE SET OF SKILLS RELATED TO
CURRENT TECHNOLOGY AND SOCIAL MEDIA, INCLUDING THE NORMS OF APPROPRIATE,
RESPONSIBLE, AND HEALTHY BEHAVIOR AND FOCUSES ON EMPOWERING LEARNERS TO
USE ONLINE RESOURCES, APPLICATIONS, AND SPACES TO IMPROVE COMMUNITIES
AND CURATE A POSITIVE AND EFFECTIVE DIGITAL FOOTPRINT.
C. "MEDIA LITERACY" SHALL MEAN THE ABILITY TO USE MEDIA AND TO ACCESS,
ANALYZE, EVALUATE, CREATE, AND ACT USING ALL FORMS OF COMMUNICATION AND
ENCOMPASSES THE FOUNDATIONAL SKILLS THAT LEAD TO DIGITAL CITIZENSHIP.
3. THE REGENTS, IN CONJUNCTION WITH THE COMMISSIONER, SHALL ENSURE
THAT THE COURSE OF INSTRUCTION IN GRADES KINDERGARTEN THROUGH TWELVE
INCLUDES A COMPONENT ON MEDIA LITERACY. SUCH COMPONENT SHALL INCLUDE
INSTRUCTION OF INTERNET SAFETY, CIVILITY, AND DIGITAL CITIZENSHIP WITH A
FOCUS ON THE PRINCIPLES OF SAFE, RESPONSIBLE USE OF THE INTERNET AND
ELECTRONIC COMMUNICATIONS. THE BOARDS OF EDUCATION AND TRUSTEES OF THE
CITIES AND SCHOOL DISTRICTS OF THE STATE SHALL REQUIRE INSTRUCTION TO BE
GIVEN IN MEDIA LITERACY BY THE TEACHERS EMPLOYED IN THE SCHOOLS THEREIN.
IF AVAILABLE, INSTRUCTION IN MEDIA LITERACY SHALL BE PROVIDED BY LIBRARY
MEDIA SPECIALISTS EMPLOYED BY THE SCHOOLS THEREIN.
4. THE COMMISSIONER, IN CONJUNCTION WITH THE REGENTS, SHALL INCORPO-
RATE EXISTING STATE MEDIA LITERACY STANDARDS INTO THE COMPONENT
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AND CREATE A CLEAR AND
COHERENT SET OF MEDIA LITERACY EDUCATION STANDARDS WHICH CAPTURE THE
FULL RANGE OF SKILLS, EXPERIENCES, AND COMPETENCIES THAT RESEARCH INDI-
CATES IS NECESSARY FOR MEDIA LITERACY.
5. THE COMMISSIONER, IN CONJUNCTION WITH THE REGENTS, SHALL UPDATE THE
NEW YORK STATE PROFESSIONAL TEACHING STANDARDS TO INCORPORATE MEDIA
LITERACY AND EDUCATE LIBRARY MEDIA SPECIALISTS AND TEACHERS ON THE RELE-
VANT STANDARDS OF MEDIA LITERACY SO THAT LIBRARY MEDIA SPECIALISTS AND
TEACHERS CAN EFFECTIVELY INCORPORATE SUCH STANDARDS INTO THEIR CURRIC-
ULUMS.
6. THE COMMISSIONER, IN CONJUNCTION WITH THE REGENTS, SHALL ANNUALLY
REVIEW THE MEDIA LITERACY EDUCATION STANDARDS SET FORTH IN THIS SECTION
AND SHALL UPDATE SUCH STANDARDS AS NECESSARY.
7. THE MEDIA LITERACY EDUCATION STANDARDS SET FORTH IN THIS SECTION
SHALL SERVE AS AN OVERVIEW OF THE STATE'S INTERDISCIPLINARY APPROACH TO
MEDIA LITERACY EDUCATION AND SHALL EMPHASIZE THE IMPORTANCE OF MEDIA
LITERACY FOR CIVIC READINESS.
§ 10. Subdivision 1 and the opening paragraph and paragraphs m and n
of subdivision 2 of section 2801 of the education law, subdivision 1 as
amended by chapter 402 of the laws of 2005, the opening paragraph of
subdivision 2 as amended by chapter 380 of the laws of 2001, paragraph m
of subdivision 2 as amended and paragraph n of subdivision 2 as added by
chapter 482 of the laws of 2010, are amended and a new paragraph o of
subdivision 2 is added to read as follows:
A. 7687--C 13
1. A. For purposes of this section, [school property] THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SCHOOL PROPERTY" means 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; [and a school function shall
mean] OR WITHIN A SCHOOL ADMINISTRATIVE BUILDING.
(II) "SCHOOL FUNCTION" MEANS A SCHOOL BOARD OR TRUSTEE MEETING OR a
school-sponsored or school-authorized [extra-curricular] EXTRA CURRIC-
ULAR event or activity regardless of where such event or activity takes
place, including any event or activity that may take place in another
state INCLUDING BUT NOT LIMITED TO FIELD TRIPS AND ATHLETIC PRACTICES,
SCRIMMAGES AND EVENTS.
B. THIS SECTION SHALL ALSO APPLY TO CYBERBULLYING, WHETHER ON OR OFF
SCHOOL PROPERTY OR AT OR AWAY FROM A SCHOOL FUNCTION.
The board of education or the trustees, as defined in section two of
this chapter, of every school district within the state, however
created, and every board of cooperative educational services and county
vocational extension board, shall adopt and amend, as appropriate, a
code of conduct for the maintenance of order on school property, includ-
ing a school function, which shall govern the conduct of students,
teachers, COACHES, BOARD MEMBERS OR TRUSTEES, and other school personnel
as well as visitors and shall provide for the enforcement thereof. Such
policy may be adopted by the school board or trustees only after at
least one public hearing that provides for the participation of school
personnel, parents, students and any other interested parties. Such code
of conduct shall include, at a minimum:
m. a minimum suspension period for acts that would qualify the pupil
to be defined as a violent pupil pursuant to paragraph a of subdivision
two-a of section thirty-two hundred fourteen of this chapter, provided
that the suspending authority may reduce such period on a case by case
basis to be consistent with any other state and federal law; [and]
n. provisions to comply with [article] ARTICLES two AND TWO-B of this
chapter[.]; AND
O. AN ADDITIONAL CODE OF CONDUCT FOR COACHES. TO ASSIST LOCAL EDUCA-
TIONAL AGENCIES IN DEVELOPING A CODE OF CONDUCT FOR COACHES, THE DEPART-
MENT SHALL DEVELOP AND MAINTAIN A MODEL CODE IN ACCORDANCE WITH THIS
SECTION TO SERVE AS A GUIDE FOR LOCAL EDUCATIONAL AGENCIES. SUCH MODEL
CODE SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE AND, AT A
MINIMUM, SHALL INCLUDE PROVISIONS REGARDING THE PROGRAM MISSION, A
COACH'S HEALTH, SAFETY AND WELLNESS OBLIGATIONS TO THE STUDENTS, A
COACH'S OBLIGATIONS TO PARENTS AND SPECTATORS, A CENTRAL SUMMARY OF
MANDATED CREDENTIALS, TRAINING AND LICENSES OR CERTIFICATIONS APPLICABLE
TO COACHES, A COMMUNICATIONS POLICY AS BETWEEN COACHES AND STUDENTS AND
PARENTS, AND AN ETHICS POLICY.
§ 11. Paragraph a of subdivision 2 of section 3006-a of the education
law, as added by section 2 of subpart C of part EE of chapter 56 of the
laws of 2015, is amended and a new paragraph a-1 is added to read as
follows:
a. (I) During each five-year registration period beginning on or after
July first, two thousand sixteen, an applicant for registration shall
successfully complete a minimum of one hundred hours of continuing
teacher and leader education, as defined by the commissioner, PROVIDED
THAT SUCH ONE HUNDRED HOURS SHALL INCLUDE, AT A MINIMUM, FIVE HOURS OF
PROFESSIONAL DEVELOPMENT THAT INCORPORATES THE PRINCIPLES AND PRACTICES
A. 7687--C 14
OF THE DEPARTMENT'S CULTURALLY RESPONSIVE-SUSTAINING FRAMEWORK AND IS
RELATED TO EACH OF THE FOLLOWING:
(A) MEDIA LITERACY EDUCATION, AS DEFINED BY THE COMMISSIONER, THAT IS
PROVIDED BY OR IN COORDINATION WITH A LIBRARY MEDIA SPECIALIST OR AN
EMPLOYEE FROM A SCHOOL DISTRICT'S LIBRARY SYSTEM IN EVERY SCHOOL
DISTRICT; AND
(B) DIGNITY FOR ALL STUDENTS AND SUICIDE PREVENTION EDUCATION, IN
ACCORDANCE WITH ARTICLES TWO AND TWO-B OF THIS CHAPTER, THAT IS
PROVIDED BY OR IN COORDINATION WITH A TEACHER OR GUIDANCE COUNSELOR IN
EVERY SCHOOL DISTRICT.
(II) UTILIZING FUNDS APPROPRIATED FOR THE PROFESSIONAL DEVELOPMENT
TOPICS LISTED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEPARTMENT
SHALL CREATE AND PROVIDE MODEL CURRICULA AND TEACHING AND PROFES-
SIONAL DEVELOPMENT RESOURCES ON ITS WEBSITE. The department shall issue
rigorous standards for courses, programs, and activities, that shall
qualify as continuing teacher and leader education pursuant to this
section. For purposes of this section, a peer review teacher, or a prin-
cipal acting as an independent trained evaluator, conducting a classroom
observation as part of the teacher evaluation system pursuant to section
three thousand twelve-d of this article may credit such time towards
[his or her] THEIR continuing teacher and leader effectiveness require-
ments.
A-1. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVI-
SION, ANY LIBRARY MEDIA SPECIALIST SHALL COMPLETE A MINIMUM OF FIFTEEN
HOURS OF PROFESSIONAL DEVELOPMENT RELATED TO MEDIA LITERACY EDUCATION.
THE COMMISSIONER SHALL REQUIRE THAT LIBRARY MEDIA SPECIALISTS IN EVERY
SCHOOL DISTRICT RECEIVE SPECIFIC TRAINING IN HOW TO PROVIDE PROFES-
SIONAL DEVELOPMENT RELATED TO MEDIA LITERACY EDUCATION TO TEACHERS OF
ALL GRADE LEVELS AND SUBJECT AREAS CONTAINED IN THEIR SCHOOLS, WHICH
SHALL INCLUDE INSTRUCTION ON HOW TO EFFECTIVELY INTEGRATE MEDIA LITER-
ACY EDUCATION INTO SUCH TEACHERS' CURRICULA.
§ 12. Section 3006-a of the education law is amended by adding a new
subdivision 4 to read as follows:
4. FOR THE PURPOSES OF THIS SECTION, "LIBRARY MEDIA SPECIALIST" SHALL
MEAN AN INDIVIDUAL EMPLOYED BY A SCHOOL DISTRICT AS A LIBRARY MEDIA
SPECIALIST PURSUANT TO SECTION 91.2 OF TITLE EIGHT OF THE CODES, RULES
AND REGULATIONS OF THE STATE OF NEW YORK.
§ 13. This act shall take effect July 1, 2027.