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

5/8/13 N.Y. St. Reg. EDU-07-13-00012-A

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 19

May 08, 2013

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

NOTICE OF ADOPTION

 

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

Filing No. 423

Filing Date. Apr. 23, 2013

Effective Date. Jul. 01, 2013

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 action:

Action taken:

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

Statutory authority:

Education Law, sections 101 (not subdivided), 207 (not subdivided), 305(1), (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 or summary was published

in the February 13, 2013 issue of the Register, I.D. No. EDU-07-13-00012-P.

Final rule as compared with last published rule:

No changes.

Text of 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]

Initial Review of Rule

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:

Assessment of Public Comment

Since publication of a Notice of Proposed Rule Making in the State Register on February 13, 2013, the State Education Department received the following comments.

COMMENT:

There is nothing in the Dignity Act, Education Law § 801-a or any related statutory provision that permits or requires the State Education Department to dictate to charter schools instructional programming.

DEPARTMENT RESPONSE:

The Department acknowledges that charter schools are not required to provide the instructional component on civility, citizenship and character education required to be provided under Education Law § 801-a.

However, the Department has previously determined that exclusion of charter schools from any instructional requirement relating to prevention of harassment and discrimination would be inconsistent with the intent of the Dignity for All Students Act (L. 2010, Ch. 482 - "Dignity Act"), which is to afford all students in public schools an environment free of discrimination and harassment. Accordingly, in 2012, the Board of Regents amended Commissioner's Regulation section 100.2(c) to require charter schools to provide instruction that supports development of a school environment free of discrimination and harassment, as required by the Dignity Act, including, but not limited, to instruction that raises awareness and sensitivity to discrimination or harassment based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

Subsequently, Chapter 102 of the Laws of 2012 was enacted to significantly expand the scope and intent of the Dignity Act to include provisions on bullying and cyberbullying. The proposed amendment is necessary to implement the instructional requirements of Chapter 102 of the Laws of 2012 and, consistent with that statute, merely extends the required instruction for all public school students, including charter school students, to explicitly include bullying and cyberbullying, and instruction in the safe, responsible use of the Internet and electronic communications.

COMMENT:

Concern was expressed that the proposed amendment exempts charter schools from the requirement to provide instruction in civility, citizenship and character education that includes awareness and sensitivity to discrimination or harassment and civility in the relations of people with the characteristics protected by the Dignity Act - i.e. race, weight, national origin, ethnic groups, religions, religious practices, mental or physical ability, sexual orientation, gender identity and expression), or sex.

DEPARTMENT RESPONSE:

The comment misinterprets the proposed amendment. As discussed in the Department's response to the comment appearing above, the Department has previously determined that exclusion of charter schools from any instructional requirement relating to prevention of harassment and discrimination would be inconsistent with the intent of the Dignity Act, and in 2012 the Board of Regents amended Commissioner's Regulation section 100.2(c) to require charter schools to provide instruction that supports development of a school environment free of discrimination and harassment, as required by the Dignity Act, including but not limited to, instruction that raises awareness and sensitivity to discrimination or harassment 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 proposed amendment, consistent with L. 2010, Ch. 102, merely extends the required instruction for all public school students, including charter school students, to explicitly include bullying and cyberbullying, and instruction in the safe, responsible use of the Internet and electronic communications.