EDU-07-13-00012-P The Dignity for All Students Act (L. 2010, ch. 482; L. 2012, ch. 102)

2/13/13 N.Y. St. Reg. EDU-07-13-00012-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 07

February 13, 2013

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-07-13-00012-P

The Dignity for All Students Act (L. 2010, ch. 482; L. 2012, ch. 102)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 100.2(c) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 801-a(not subdivided) and 2854(1)(b) and L. 2012, ch. 102

Subject:

The Dignity for All Students Act (L. 2010, ch. 482; L. 2012, ch. 102).

Purpose:

To prescribe instructional requirements to implement the Dignity Act, as amended by ch. 102 of the Laws of 2012.

Text of proposed rule:

Paragraph (2) of subdivision (c) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective July 1, 2013, as follows:

(2) for all public school students, instruction that supports development of a school environment free of [discrimination and] harassment, bullying and/or discrimination as required by the Dignity For All Students Act (article 2 of the Education Law), with an emphasis on discouraging acts of harassment, bullying and/or discrimination, including but not limited to instruction that raises students' awareness and sensitivity to [discrimination or] harassment, bullying and/or 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, and instruction in the safe, responsible use of the Internet and electronic communications; provided that in public schools other than charter schools, such instruction shall be provided as part of a component on civility, citizenship and character education in accordance with section 801-a of the Education Law;

Text of proposed rule and any required statements and analyses may be obtained from:

Mary Gammon, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Ken Slentz, Deputy Commissioner for P-12 Education, State Education Department, State Education Building 2M West, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.

Education Law section 207 grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Education Law section 305(1) empowers the Commissioner of Education to be the chief executive officer of the State system of education and the Board of Regents and authorizes the Commissioner to enforce laws relating to the educational system and to execute educational policies determined by the Board of Regents. Education Law section 305(2) authorizes the Commissioner to have general supervision over all schools subject to the Education Law.

Education Law section 801-a requires the Regents to ensure that the course of instruction in grades kindergarten through twelve includes a component on civility, citizenship and character education and instruct students on the principles of honesty, tolerance, personal responsibility, respect for others, observance of laws and rules, courtesy, dignity and other traits that will enhance the quality of their experiences in, and contributions to, the community.

Education Law section 2854(1)(b) provides that charter schools shall meet the same health and safety, civil rights, and student assessment requirements applicable to other public schools, except as otherwise specifically provided in Article 56 of the Education Law.

Chapter 102 of the Laws of 2012 amends Article 2 of the State Education Law (Ed.L. sections 10 through 18) and Education Law section 801-a to significantly expand the scope and intent of the Dignity Act to include provisions on bullying and cyberbullying and to make the Act applicable in certain instances to conduct occurring off school property.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to implement the instructional requirements of the Dignity Act, as amended by Chapter 102 of the Laws of 2012.

3. NEEDS AND BENEFITS:

The proposed amendment to section 100.2(c) of the Commissioner's Regulations implements instructional requirements consistent with Chapter 102 of the Laws of 2012. As amended, section 100.2(c) extends the required instruction for all public school students to explicitly include bullying and cyberbullying. In addition, the regulation would require, for all public school students including charter school students, that required instruction supporting development of a school environment free of harassment, bullying and/or discrimination have an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and include instruction in the safe, responsible use of the Internet and electronic communications.

4. COSTS:

(a) Costs to State government: None.

(b) Costs to local government: None.

(c) Costs to private regulated parties: None.

(d) Costs to regulating agency for implementation and continued administration of this rule: None.

The proposed amendment is necessary to implement Chapter 102 of the Laws of 2012 and will not impose any additional costs beyond those imposed by the statute.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment implements instructional requirements, consistent with Chapter 102 of the Laws of 2012, and will not impose any additional program, service, duty or responsibility beyond those by the statute. The proposed amendment extends the required instruction for all public school students to explicitly include bullying and cyberbullying. In addition, the regulation would require, for all public school students including charter school students, that required instruction supporting development of a school environment free of harassment, bullying and/or discrimination have an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and include instruction in the safe, responsible use of the Internet and electronic communications.

6. PAPERWORK:

The proposed amendment will not impose any additional reporting requirements, forms or other paperwork, beyond those imposed by the Dignity Act, as amended by Chapter 102 of the Laws of 2012.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal regulations, and is necessary to implement Chapter 102 of the Laws of 2012.

8. ALTERNATIVES:

The proposed amendment is necessary to implement Chapter 102 of the Laws of 2012. There are no significant alternatives and none were considered.

9. FEDERAL STANDARDS:

There are no related Federal standards.

10. COMPLIANCE SCHEDULE:

The proposed amendment is necessary to implement Chapter 102 of the Laws of 2012, and will not impose any additional compliance requirements or costs on regulated parties beyond those imposed by the statute. It is anticipated that school districts, BOCES and charter schools will be able to achieve compliance with proposed amendment by its effective date.

Regulatory Flexibility Analysis

Small Businesses:

The proposed amendment is applicable to school districts, boards of cooperative educational services and charter schools and is necessary to implement the instructional requirements of the Dignity for All Students Act, as amended by Chapter 102 of the Laws of 2012. The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

Local governments:

1. EFFECT OF RULE:

The proposed amendment applies to each school district, board of cooperative educational services (BOCES) and charter schools in the State. At present, there are 695 school districts (including New York City) and 37 BOCES. There are currently approximately 190 charter schools.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment to section 100.2(c) of the Commissioner's Regulations implements instructional requirements consistent with Chapter 102 of the Laws of 2012. As amended, section 100.2(c) extends the required instruction for all public school students to explicitly include bullying and cyberbullying. In addition, the regulation would require, for all public school students including charter school students, that required instruction supporting development of a school environment free of harassment, bullying and/or discrimination have an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and include instruction in the safe, responsible use of the Internet and electronic communications.

3. PROFESSIONAL SERVICES:

The proposed amendment will not impose any additional professional services requirements.

4. COMPLIANCE COSTS:

The proposed amendment is necessary to implement Chapter 102 of the Laws of 2012 and will not impose any additional costs beyond those imposed by the statute.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any additional costs or technological requirements.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to implement Chapter 102 of the Laws of 2012 and will not impose any additional compliance requirements or costs beyond those imposed by the statute. Because these statutory requirements specifically apply, it is not possible to provide exemptions from the proposed amendment's requirements or impose a lesser standard. The proposed amendment has been carefully drafted to meet statutory requirements and Regents policy while minimizing its impact.

Consistent with Chapter 102 of the Laws of 2012, the proposed amendment extends the required instruction for all public school students to explicitly include bullying and cyberbullying. In addition, the regulation would require, for all public school students including charter school students, that required instruction supporting development of a school environment free of harassment, bullying and/or discrimination have an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and include instruction in the safe, responsible use of the Internet and electronic communications.

7. LOCAL GOVERNMENT PARTICIPATION:

The proposed amendment was developed in cooperation with the Dignity Act Task Force State Policy Work Group which is comprised of other State agencies, the New York City Department of Education, and several not-for-profit organizations. Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts and to charter schools.

8. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment merely implements, and conforms the Commissioner's Regulations to, statutory requirements under Chapter 102 of the Laws of 2012 and therefore the substantive provisions of the proposed amendment cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to all school districts, boards of cooperative educational services (BOCES) and charter schools in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. There is currently one charter school located in a rural area.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment to section 100.2(c) of the Commissioner's Regulations implements instructional requirements consistent with Chapter 102 of the Laws of 2012. As amended, section 100.2(c) extends the required instruction for all public school students to explicitly include bullying and cyberbullying. In addition, the regulation would require, for all public school students including charter school students, that required instruction supporting development of a school environment free of harassment, bullying and/or discrimination have an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and include instruction in the safe, responsible use of the Internet and electronic communications.

The proposed amendment will not impose any additional professional services requirements.

3. COSTS:

The proposed amendment is necessary to implement Chapter 102 of the Laws of 2012 and will not impose any additional costs beyond those imposed by the statute.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to conform the Commissioner's Regulations to, and otherwise implement, the instructional requirements of Chapter 102 of the Laws of 2012 and will not impose any additional compliance requirements or costs beyond those imposed by the statute. Because these statutory requirements specifically apply, it is not possible to provide exemptions from the proposed amendment's requirements or impose a lesser standard. The proposed amendment has been carefully drafted to meet statutory requirements and Regents policy while minimizing its impact.

Consistent with Chapter 102 of the Laws of 2012, the proposed amendment extends the required instruction for all public school students to explicitly include bullying and cyberbullying. In addition, the regulation would require, for all public school students including charter school students, that required instruction supporting development of a school environment free of harassment, bullying and/or discrimination have an emphasis on discouraging acts of harassment, bullying (including cyberbullying) and discrimination and include instruction in the safe, responsible use of the Internet and electronic communications.

The statute which the proposed amendment implements applies to all school districts and BOCES throughout the State, including those in rural areas. Therefore, it was not possible to establish different requirements for entities in rural areas, or to exempt them from the rule's provisions.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas. The proposed amendments were developed in cooperation with the Dignity Act Task Force State Policy Work Group which is comprised of other State agencies, the New York City Department of Education, and several not-for-profit organizations.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment merely implements, and conforms the Commissioner's Regulations to, statutory requirements under Chapter 102 of the Laws of 2012 and therefore the substantive provisions of the proposed amendment cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Job Impact Statement

The proposed amendment is applicable to school districts, boards of cooperative educational services and charter schools and is necessary to implement the instructional requirements of the Dignity for All Students Act, as amended by Chapter 102 of the Laws of 2012. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.