EDU-11-13-00017-P Policy, Procedures and Guidelines Prohibiting Harassment, Bullying (Including Cyberbullying) and Discrimination Against Students

3/13/13 N.Y. St. Reg. EDU-11-13-00017-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 11

March 13, 2013

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-11-13-00017-P

Policy, Procedures and Guidelines Prohibiting Harassment, Bullying (Including Cyberbullying) and Discrimination Against Students

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(jj) of Title 8 NYCRR.

Statutory authority:

Education Law, sections 11(7) and (8), 12(1), 13(1-5), 14(1-5), 101(not subdivided), 207(not subdivided), 305(1) and (2) and 2854(1)(b); and L. 2012, ch. 102

Subject:

Policy, procedures and guidelines prohibiting harassment, bullying (including cyberbullying) and discrimination against students.

Purpose:

To implement the ch. 102, L. 2012 amendments to the Dignity for All Students Act.

Text of proposed rule:

Subdivision (jj) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective July 1, 2013, as follows:

(jj) Dignity [For All Students] Act Coordinator and School Employee Training Program.

(1) Definitions. As used in this subdivision:

(i) “School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, including a charter school; or in or on a school bus, as defined in Vehicle and Traffic Law section 142.

(ii) “School function” means a school-sponsored extracurricular event or activity.

(iii) "Disability" means disability as defined in Executive Law section 292(21).

(iv) "Employee" means employee as defined in Education Law section 1125(3), including an employee of a charter school.

(v) "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.

(vi) "Gender" means actual or perceived sex and shall include a person’s gender identity or expression.

(vii) "Discrimination" means discrimination against any student by a student or students and/or an employee or employees on school property or at a school function including, but not limited 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.

(viii) "Harassment or bullying" means the creation of a hostile environment by conduct or by [verbal] threats, intimidation or abuse, including cyberbullying as defined in Education Law section 11(8), that either:

(a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional [or] and/or physical well-being [; or] including conduct, [verbal] threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause emotional harm; or

(b) reasonably causes or would reasonably be expected to cause physical injury to a student or to cause a student to fear for his or her physical safety [; such conduct verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse]

(c) Such definition shall include acts of harassment or bullying that occur:

(i) on school property, as defined in section 100.2(kk)(1)(i) of this Part; and/or

(ii) at a school function, as defined in section 100.2(kk)(1)(ii) of this Part; or

(iii) off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

(d) For purposes of this subdivision, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions. Acts of harassment or bullying shall include, but not be limited to, 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.

(e) "Emotional harm" that takes place in the context of “harassment or bullying” means harm to a student's emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student's education.

(2) On or before July 1, [2012] 2013, each school district and each charter school shall establish policies, procedures and guidelines for its school or schools to implement, commencing with the [2012-2013] 2013-2014 school year and continuing in each school year thereafter, Dignity [for All Students] Act school employee training programs to promote a positive school environment that is free from [discrimination and] harassment, bullying and/or discrimination; and to discourage and respond to incidents of [discrimination and/or] harassment, bullying, and/or discrimination on school property or at a school function, or off school property pursuant to subclause (1)(viii) (c)(iii) of this subdivision. Such polices, procedures and guidelines shall be approved by the board of education, trustees or sole trustee of the school district (or by the chancellor of the city school district, in the case of the City School District of the City of New York) or by the board of trustees of the charter school.

(3) The polices, procedures and guidelines shall include, but not be limited to, guidelines relating to the development of nondiscriminatory instructional and counseling methods, and providing employees, including school and district administrators and instructional and non-instructional staff, with [(i)] training to:

(a) raise awareness and sensitivity to potential acts of [discrimination and/or] harassment, bullying, and/or discrimination directed at students that are committed by students and/or school employees on school property or at a school function, or off school property pursuant to subclause (1)(viii)(c)(iii) of this subdivision; including, but not limited to, [discrimination and/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. Such training shall address the social patterns of harassment, bullying and/or discrimination, the identification and mitigation of such acts, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings; [and]

(b) [training to] enable employees to prevent and respond to incidents of [discrimination and/or] harassment, bullying, and/or discrimination, consistent with Education Law section 13(4);

(c) make school employees aware of the effects of harassment, bullying, cyberbullying, and/or discrimination on students;

(d) ensure the effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging harassment, bullying, and/or discrimination against students by students and/or school employees; and

(e) include safe and supportive school climate concepts in curriculum and classroom management.

[(c)] (f) [such] Such training may be implemented and conducted in conjunction with existing professional development training pursuant to subparagraph 100.2(dd)(2)(ii) of this Title and/or with any other training for school employees[; and] .

[(ii) guidelines relating to the development of nondiscriminatory instructional and counseling methods.]

(4) At least one employee in every school shall be designated as a Dignity Act Coordinator [and] who shall be:

(i) instructed in the provisions of this subdivision [and];

(ii) thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex;

(iii) provided with training which addresses the social patterns of harassment, bullying and discrimination, 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, and sex;

(iv) provided with training in the identification and mitigation of harassment, bullying and discrimination; and

(v) provided with training in strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

[(i)] (vi) The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the school district (or in the case of the City School District of the City of New York, by the principal of the school in which the designated employee is employed) or, in the case of a charter school, by the board of trustees. The Coordinator shall be employed by such school district, BOCES or charter school, as applicable, and be licensed and/or certified by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent of schools.

[(ii)] (vii) The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation, which shall include, but is not limited to, providing the name, designated school, and contact information of each Dignity Act Coordinator by:

(a) listing such information in the code of conduct and updates posted on the Internet web site, if available, of the school or school district, or of the board of cooperative educational services, pursuant to subclause 100.2(l)(2)(iii)(b)(1) of this Part; provided that, notwithstanding the provisions of clause 100.2(l)(2)(iii)(a) of this Title, a change in the name and/or contact information of a Dignity Act Coordinator shall not be deemed to constitute a revision to the code of conduct so as to require a public hearing be held pursuant to such clause, and nothing herein shall be deemed to require such public hearing in such instance; and

(b) posting such information in highly-visible areas of school buildings; and

(c) making such information available at the district and school-level administrative offices; and either

[(b)] (d) including such information in the plain language summary of the code of conduct provided to all persons in parental relation to students before the beginning of each school year, pursuant to subclause 100.2(l)(2)(iii)(b)(3); or

[(c)] (e) providing such information to parents and persons in parental relation [in] at least [one] once per school year [district or school mailing or other method of distribution] in a manner as determined by the school, including, but not limited to, through electronic communication and/or sending such information home with [each student] students [and, if such information changes, in at least one subsequent district or school mailing or other such method of distribution as soon as practicable thereafter;].

[(d) posting such information in highly-visible areas of school buildings; and

(e) making such information available at the district and school-level administrative offices.]

[(iii)] (viii) In the event a Dignity Act Coordinator vacates his or her position, another [school] eligible employee shall be immediately designated for an interim appointment as Coordinator, pending approval of a successor Coordinator by the applicable governing body as set forth in subparagraph [(i)] (vi) of this paragraph within 30 days of the date the position was vacated. In the event a Coordinator is unable to perform the duties of his or her position for an extended period of time, another [school] eligible employee shall be immediately designated for an interim appointment as Coordinator, pending return of the previous Coordinator to his or her duties as Coordinator.

(5) 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 Education Law sections 3201-a or 2854(2)(a) 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.

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 11(7), as amended by Chapter 102 of the Laws of 2012, expands the definition of "Harassment" to include "bullying" and "cyberbullying" and to include certain acts occurring off school property, for purposes of the Dignity for All Students Act ("Dignity Act"). Education Law section 11(8), as added by Chapter 102, adds a definition of "cyberbullying."

Education Law section 12(1), as amended by Chapter 102 of the Laws of 2012, prohibits harassment, bullying and discrimination against students by students and school employees on school property or at a school function, on the basis of the student's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. Section 12(2) provides that an age-appropriate version of the policy outlined in section 12(1), written in plain-language, shall be included in the code of conduct adopted pursuant to Education Law section 2801 and a summary of such policy shall be included in any summaries required by such section 2801.

Education Law section 13, as amended by Chapter 102 of the Laws of 2012, requires school districts to create:

(1) policies and procedures to create a school environment that is free from harassment, bullying and discrimination;

(2) guidelines to be used in school training programs to discourage the development of harassment, bullying and discrimination, and to make school employees aware of the effects of harassment, bullying, cyberbullying and discrimination on students;

(3) guidelines relating to the development of nondiscriminatory instructional and counseling methods, and requiring at least one staff member at every school be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex;

(4) guidelines relating to the development of measured, balanced and age-appropriate responses to instances of harassment, bullying and 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 that addresses the social patterns of harassment, bullying and discrimination, 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 and discrimination, and strategies for effectively addressing problems of exclusion, bias and aggression.

Education Law section 14, as amended by Chapter 102 of the Laws of 2012, requires the Commissioner to provide direction, including model policies and, to the extent possible, direct services to school districts in preventing harassment, bullying and discrimination and fostering an environment in every school where all children can learn free of manifestations of bias. Section 14(3), as amended, authorizes the Commissioner to promulgate regulations to assist school districts in dev eloping measured, balanced and age-appropriate response to violations of this policy, with remedies and procedures following a progressive model that makes appropriate use of intervention, discipline and education and provide guidance related to the application of regulations. Section 14(4), as added by Chapter 102, requires the Commissioner to provide guidance and educational materials to schools districts relating to best practices in addressing cyberbullying and helping families and communities work cooperatively with schools in addressing cyberbullying, whether on or off school property or at or away from a school function.

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 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.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is necessary to implement the policies, procedures and guidelines provisions of the Dignity Act, as amended by Ch. 102, L. 2012.

3. NEEDS AND BENEFITS:

The proposed rule is necessary to implement policies, procedures and guidelines provisions of the Dignity Act, as amended by Ch. 102, L. 2012, to ensure no student shall be subjected to harassment, bullying (including cyberbullying) and discrimination by employees or students.

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 Ch. 102, L. 2012 and will not impose any additional costs beyond those imposed by the statute.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment implements policies, procedures and guidelines provisions under the Dignity Act, as amended by Ch. 102, L. 2012, and will not impose any additional program, service, duty or responsibility beyond those imposed by the statute.

The proposed amendment to section 100.2(jj) implements the policies, guidelines and training requirements of the Ch. 102, L. 2012 amendments to the Dignity Act by establishing standards for the School Employee Training program to train school employees and administrators to promote a positive school environment that is free from harassment, bullying (including cyberbullying) and discrimination. Specifically, the proposed rule requires each school district, BOCES and charter school to:

(1) establish policies, procedures and guidelines, on or before July 1, 2013, to implement school employee training programs, commencing with the 2013-14 school year and thereafter, to promote a positive school environment that is free from harassment, bullying and discrimination and to discourage and respond to incidents of harassment, bullying and discrimination on school property or at a school function, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. Employee training policies, procedures and guidelines shall be approved by the board of education of the school district (or by the chancellor of the city school district in the case of the City School District of the City of New York) and by the board of trustees of the charter school;

(2) provide training for employees, including school and district administrators that:

(i) raises awareness and sensitivity to potential acts of harassment, bullying and discrimination directed at students that are committed by students and/or school employees on school property or at school functions, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The training shall address the social patterns of harassment, bullying and discrimination, the identification and mitigation of such acts, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings;

(ii) enables employees to prevent and respond to incidents of harassment, bullying and discrimination;

(iii) makes school employees aware of the effects of harassment, bullying, cyberbullying, and/or discrimination on students;

(iv) ensures the effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging harassment, bullying, and/or discrimination against students by students and/or school employees; and

(v) includes safe and supportive school climate concepts in curriculum and classroom management; and

(3) establish guidelines relating to the development of nondiscriminatory instructional and counseling methods.

The proposed amendment also implements the Ch 102, L. 2012 amendments to the Dignity Act by establishing standards for the Dignity Act Coordinator. The proposed amendment requires that:

(1) At least one employee in every school shall be designated as a Dignity Act Coordinator, who shall be:

(i) instructed in the provisions of the proposed rule;

(ii) thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex;

(iii) provided with training which addresses the social patterns of harassment, bullying, and discrimination, 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, and sex;

(iv) provided with training in the identification and mitigation of harassment, bullying, and discrimination; and

(v) provided with training in strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

(2) The Coordinator shall be employed by the school district, BOCES or charter school, as applicable, and be licensed and/or certified by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent of schools.

(3) The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the school district (or in the case of the City School District of the City of New York, by the principal of the school in which the designated employee is employed) and, in the case of a charter school, by the board of trustees.

(4) The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation, which shall include but is not limited to, providing such information to parents and persons in parental relation at least once per school year in a manner as determined by the school, including, but not limited to, through electronic communication and/or sending such information home with students.

6. PAPERWORK:

Consistent with Ch. 102, L. 2012, the proposed rule requires each school district, BOCES and charter school to create guidelines to provide, on or before July 1, 2013, for schools to implement school employee training programs, commencing with the 2013 -14 school year and thereafter, to promote a positive school environment that is free from harassment, bullying and discrimination and to discourage and respond to incidents of harassment, bullying and discrimination on school property or at a school function, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. Employee training policies, procedures and guidelines shall be approved by the board of education of the school district (or by the chancellor of the city school district in the case of the City School District of the City of New York) and by the board of trustees of the charter school.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal regulations, and is necessary to implement Ch. 102, L. 2012.

8. ALTERNATIVES:

The proposed amendment is necessary to implement Ch. 102, L. 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 the policies, procedures and guidelines provisions of the Dignity Act, as amended by Ch. 102, L. 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 applies to school districts, boards of cooperative educational services (BOCES) and charter schools and relates to school employee training under the Dignity for All Students Act, as amended by Ch. 102, L. 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, BOCES and charter school in the State. At present, there are 695 school districts (including New York City), 37 BOCES and approximately 190 charter schools.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment implements policies, procedures and guidelines provisions under the Dignity Act, as amended by Ch. 102, L. 2012, and will not impose any additional compliance requirements on school districts, BOCES or charter schools beyond those imposed by the statute.

The proposed amendment to section 100.2(jj) implements the policies, guidelines and training requirements of the Ch. 102, L. 2012 amendments to the Dignity Act by establishing standards for the School Employee Training program to train school employees and administrators to promote a positive school environment that is free from harassment, bullying (including cyberbullying) and discrimination. Specifically, the proposed rule requires each school district, BOCES and charter school to:

(1) establish policies, procedures and guidelines, on or before July 1, 2013, to implement school employee training programs, commencing with the 2013-14 school year and thereafter, to promote a positive school environment that is free from harassment, bullying and discrimination and to discourage and respond to incidents of harassment, bullying and discrimination on school property or at a school function, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. Employee training policies, procedures and guidelines shall be approved by the board of education of the school district (or by the chancellor of the city school district in the case of the City School District of the City of New York) and by the board of trustees of the charter school;

(2) provide training for employees, including school and district administrators that:

(i) raises awareness and sensitivity to potential acts of harassment, bullying and discrimination directed at students that are committed by students and/or school employees on school property or at school functions, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The training shall address the social patterns of harassment, bullying and discrimination, the identification and mitigation of such acts, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings;

(ii) enables employees to prevent and respond to incidents of harassment, bullying and discrimination;

(iii) makes school employees aware of the effects of harassment, bullying, cyberbullying, and/or discrimination on students;

(iv) ensures the effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging harassment, bullying, and/or discrimination against students by students and/or school employees; and

(v) includes safe and supportive school climate concepts in curriculum and classroom management; and

(3) establish guidelines relating to the development of nondiscriminatory instructional and counseling methods.

The proposed amendment also implements the Ch 102, L. 2012 amendments to the Dignity Act by establishing standards for the Dignity Act Coordinator. The proposed amendment requires that:

(1) At least one employee in every school shall be designated as a Dignity Act Coordinator, who shall be:

(i) instructed in the provisions of the proposed rule;

(ii) thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex;

(iii) provided with training which addresses the social patterns of harassment, bullying, and discrimination, 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, and sex;

(iv) provided with training in the identification and mitigation of harassment, bullying, and discrimination; and

(v) provided with training in strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

(2) The Coordinator shall be employed by the school district, BOCES or charter school, as applicable, and be licensed and/or certified by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent of schools.

(3) The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the school district (or in the case of the City School District of the City of New York, by the principal of the school in which the designated employee is employed) and, in the case of a charter school, by the board of trustees.

(4) The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation, which shall include but is not limited to, providing such information to parents and persons in parental relation at least once per school year in a manner as determined by the school, including, but not limited to, through electronic communication and/or sending such information home with students.

3. PROFESSIONAL SERVICES:

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

4. COMPLIANCE COSTS:

The proposed amendment is necessary to implement Ch. 102, L. 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 technological requirements. Economic feasibility is addresses under the Compliance Costs section above.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to conform the Commissioner's Regulations to the policies, procedures and guidelines requirements of the Dignity Act, as amended by Chapter 102 of the Laws of 2012, and will not impose any additional compliance requirements or costs on school districts, BOCES and charter schools beyond those imposed by the statute. Because these statutory requirements specifically apply it is not possible to exempt them 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 the impact on school districts and BOCES. Where possible, the regulations have incorporated existing requirements and eliminated redundant requirements to minimize work at the local level and have emphasized local flexibility in meeting statutory requirements.

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 rule applies to all school districts and boards of cooperative educational services (BOCES) 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. The proposed rule also applies to charter schools. At present, there is one charter school in a rural area.

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

The proposed amendment implements policies, procedures and guidelines provisions under the Dignity Act, as amended by Ch. 102, L. 2012, and will not impose any additional reporting, recordkeeping or other compliance requirements on school districts, BOCES or charter schools beyond those imposed by the statute.

The proposed amendment to section 100.2(jj) implements the policies, guidelines and training requirements of the Ch. 102, L. 2012 amendments to the Dignity Act by establishing standards for the School Employee Training program to train school employees and administrators to promote a positive school environment that is free from harassment, bullying (including cyberbullying) and discrimination. Specifically, the proposed rule requires each school district, BOCES and charter school to:

(1) establish policies, procedures and guidelines, on or before July 1, 2013, to implement school employee training programs, commencing with the 2013-14 school year and thereafter, to promote a positive school environment that is free from harassment, bullying and discrimination and to discourage and respond to incidents of harassment, bullying and discrimination on school property or at a school function, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. Employee training policies, procedures and guidelines shall be approved by the board of education of the school district (or by the chancellor of the city school district in the case of the City School District of the City of New York) and by the board of trustees of the charter school;

(2) provide training for employees, including school and district administrators that:

(i) raises awareness and sensitivity to potential acts of harassment, bullying and discrimination directed at students that are committed by students and/or school employees on school property or at school functions, or off school property where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The training shall address the social patterns of harassment, bullying and discrimination, the identification and mitigation of such acts, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings;

(ii) enables employees to prevent and respond to incidents of harassment, bullying and discrimination;

(iii) makes school employees aware of the effects of harassment, bullying, cyberbullying, and/or discrimination on students;

(iv) ensures the effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging harassment, bullying, and/or discrimination against students by students and/or school employees; and

(v) includes safe and supportive school climate concepts in curriculum and classroom management; and

(3) establish guidelines relating to the development of nondiscriminatory instructional and counseling methods.

The proposed amendment also implements the Ch 102, L. 2012 amendments to the Dignity Act by establishing standards for the Dignity Act Coordinator. The proposed amendment requires that:

(1) At least one employee in every school shall be designated as a Dignity Act Coordinator, who shall be:

(i) instructed in the provisions of the proposed rule;

(ii) thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex;

(iii) provided with training which addresses the social patterns of harassment, bullying, and discrimination, 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, and sex;

(iv) provided with training in the identification and mitigation of harassment, bullying, and discrimination; and

(v) provided with training in strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

(2) The Coordinator shall be employed by the school district, BOCES or charter school, as applicable, and be licensed and/or certified by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent of schools.

(3) The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the school district (or in the case of the City School District of the City of New York, by the principal of the school in which the designated employee is employed) and, in the case of a charter school, by the board of trustees.

(4) The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation, which shall include but is not limited to, providing such information to parents and persons in parental relation at least once per school year in a manner as determined by the school, including, but not limited to, through electronic communication and/or sending such information home with students.

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

3. COSTS:

The proposed amendment is necessary to implement Ch. 102, L. 2012 and will not impose any additional costs on school districts, BOCES and charter schools in rural areas beyond those imposed by the statute.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to conform the Commissioner's Regulations with the policies, procedures and guideline requirements of the Dignity Act and will not impose any additional compliance requirements or costs beyond those imposed by the statute. The proposed rule has been carefully drafted to meet statutory requirements and Regents policy while minimizing the impact on school districts, BOCES and charter schools. Where possible, the regulations have incorporated existing requirements and eliminated redundant requirements to minimize work at the local level and have emphasized local flexibility in meeting statutory requirements. The statute which the proposed rule implements applies to all school districts, BOCES and charter schools 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 policies, procedures and guideline 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.