Requires that school anti-harassment policies are enforced in compliance with the regulations of the chancellor of the New York city department of education

Summary of provisions

This legislation mandates that New York City Department must comply with Regulation A-832.

The regulation reads as follows:

It is the policy of the New York City Department of Education to maintain a safe and supportive learning and educational environment that is free from harassment, intimidation, and/or bullying committed by students against other students on account of race, color, creed, ethnicity, national origin, citizenship/immigration status, religion, gender, gender identity, gender expression, sexual orientation or disability. Such bias-based harassment, intimidation and/or bullying is prohibited.

B. It is the policy of the New York City Department of Education to prohibit retaliation against any student, teacher or school employee who reports an incident of alleged student-to student bias-based harassment, intimidation and/or bullying or who participates or assists in an investigation relating to such behavior.

C. Bias-based harassment, intimidation and/or bullying is any intentional written, verbal, or physical act that a student or group of students directs at another student or students which: (1) is based on a student' actual or perceived race, color, creed, ethnicity, national origin, citizenship/immigration status, religion, gender, gender identity, gender expression, sexual orientation or disability; and (2) substantially interferes with a student' ability to participate in or benefit from an educational program, school sponsored activity or any other aspect of a student' education; or (3) creates a hostile, offensive, or intimidating school environment; or (4) otherwise adversely affects a student' educational opportunities. The definitions of bias-based behavior are found in Attachment No.1.

D. Bias-based harassment, intimidation and/or bullying may take many forms and can be physical, verbal or written. Written harassment, intimidation and/or bullying include electronically transmitted acts, e.g., via Internet, cell phone, personal digital assistant or wireless handheld device.

E. Such behavior includes, but is not limited, to:

* Physical violence * Stalking; * Threats, taunts, teasing; * Aggressive or menacing gestures; * Exclusion from peer groups designed to humiliate or isolate; * Using derogatory language;

STUDENT-TO-STUDENT BIASED-BASED HARASSMENT, INTIMIDATION, 9/3/08 AND/OR BULLYING 2 of 4 * Making derogatory jokes or name calling or slurs; * Written or graphic material, including graffiti, containing comments or stereotypes that are electronically circulated or are written or printed.

II. REPORTING PROCEDURES A. Each principal must designate at least one staff member to whom reports of bias-based harassment, intimidation and/or bullying can be made. Complaints may be made in writing or verbally (see Attachment No.2).

B. Any student who believes that he/she has been the victim of such behavior should report the incident to the designated staff member or to any other school employee. Other students and parents may also report such incidents, and such reports must be handled pursuant to the procedures in this regulation.

C. If a student feels uncomfortable making a report to a school staff member, a student may contact the Office of School and Youth Development (OSYD) by e-mailing the complaint to RespectforAll@schools.nyc.gov. Examples of circumstances where this might be appropriate include: if the student is not sure the behavior is covered by the regulation; if a student previously made a report and the behavior has continued; or if the student is concerned about coming forward. In such circumstances, OSYD will determine the appropriate follow-up action.

D. Any staff member who witnesses student-to-student bias-based harassment, intimidation and/or bullying or who has knowledge or information or receives notice that a student may have been the victim of such behavior by another student is required to promptly report the alleged act to the designated staff member.

E. Where the principal/designee believes that the alleged conduct constitutes criminal activity, he/she must contact the police. The principal/designee may consult with the Office of Legal Services.

F. If the complaint cannot be investigated at the school level due to the nature and seriousness of the allegation(s), the principal/designee should consult with the Office of School and Youth Development.

III. INVESTIGATION A. Complaints must be investigated promptly and entered into OORS within 24 hours.

B. The principal/designee must take the following investigative steps, as soon as practicable, but in any event, not later than five days after receipt of the complaint: 1. interview the alleged victim and document the conversation;

2. ask the alleged victim to prepare a written statement which includes as much detail as possible, including a description of the behavior, when it took place and who may have witnessed it

3. interview the accused student and advise him/her that if the conduct has occurred, it must cease immediately;

4. ask the accused student to prepare a written statement; and

5. interview any witnesses and obtain their written statements.

C. The principal/designee must advise the parent(s) of the accused student of the allegations. The principal/designee must also advise the parent(s) of the alleged victim of the allegations, unless the alleged victim informs the principal/designee of safety concerns in regard to such notification. In such case, the principal/designee shall decide whether to inform the alleged victim's parents following consideration of privacy and safety concerns. The principal may consult with the Office of the General Counsel in making this decision.

D. In determining whether the alleged conduct constitutes a violation of this regulation, it is necessary to evaluate the totality of the circumstances surrounding the conduct. The following facts should be considered:

STUDENT-TO-STUDENT BIASED-BASED HARASSMENT, INTIMIDATION, 9/3/08 AND/OR BULLYING 3 of 4 * the ages of the parties involved; * the nature, severity and scope of the behavior; * the frequency and duration of the behavior; * the number of persons involved in the behavior;

* the context in which the conduct occurred; * where the conduct occurred; * whether there have been other incidents in the school involving the same students; * whether the conduct adversely affected the student's education.

E. The school shall report the results of its investigation of each complaint filed under these procedures in writing to the alleged victim within ten school days of the complaint subject to state and federal laws regarding student records privacy and consistent with the privacy rights of the alleged harasser.

IV. FOLLOW-UP ACTION A. Where appropriate, the complaining student and the accused student should be referred to the guidance counselor, school social worker, psychologist or other appropriate school staff for separate counseling. B. Where appropriate, the principal/designee should utilize intervention methods, including sensitivity training, counseling,

and/or referral to a community-based agency for counseling, support and education. C. Students who have been found to have violated this regulation will be subject to appropriate disciplinary action pursuant to the Department of Education' Discipline Code and Chancellor' Regulation A-443. D. The principal/designee must follow up to ensure that the conduct has stopped.

V. NOTIFICATION

A. Each school must conspicuously post" for All" posters in locations accessible to students, parents * and staff. The posters must contain the name of the staff member( s) designated to receive reports of bias-based harassment, intimidation and/or bullying (see Attachment No.3).

B. A copy of the" for All" brochure must be distributed annually to parents and students (see Attachment No.4). Parents/students entering the school during the school year must receive a copy upon registration.

C. Each principal/designee must ensure that the policy and procedures set forth in this regulation are discussed with students and staff members at the beginning of each school year.

D. A copy of this regulation should be made available to parents, school staff and students upon request.

VI. CONSOLIDATED SCHOOL & YOUTH DEVELOPMENT PLAN As a part of the annual Consolidated School & Youth Development Plan, each principal must submit the following information to the central Office of School & Youth Development: * the name(s) of the designated "Respect for All" staff member(s), who will receive reports of bias-based harassment, intimidation, and/or bullying; * The term "" whenever used in this regulation, means the student' parent(s) or guardian(s), or any person(s) in a parental or custodial relationship to the student, or the student, if he/she is an emancipated minor or has reached 18 years of age.

STUDENT-TO-STUDENT BIASED-BASED HARASSMENT, INTIMIDATION, AND/OR BULLYING 4 of 4 * a plan for providing information and training on this regulation and respect for all to all students and staff annually, and a plan on preventing and addressing bias-based harassment.

VII. CONFIDENTIALITY It is Department of Education policy to respect the privacy of all parties and witnesses to complaints brought under this regulation. However, the need for confidentiality must be balanced against the obligation to cooperate with police investigations, to provide due process to the accused, and/or to take necessary action to investigate or resolve the complaint. Therefore, information regarding the complaint may be disclosed in appropriate circumstances.

VIII. RETALIATION

Students may not retaliate against another student, teacher or school employee who reports an incident of alleged student-to-student bias-based harassment, intimidation and/or bullying or who participates or assists in an investigation relating to such behavior. Retaliation will be investigated and subject to appropriate disciplinary action.

Existing law

New law.

Justification

In 2004 the New York City Council enacted Local Law 42 in relation to prohibiting acts of harassment at schools similar to the statewide Dignity For All Students Act which is currently pending in the State legislature.

On September 3, 2008 the New York City Department of Education issued regulation A-832 to assist in the compliance of Local Law 42. The regulation outlines procedures for the reporting and investigation of bias and harassment in New York City Schools.

On July 1, 2009 the New York Daily News reported the Department of Education has not implemented the regulations. Both the Sikh Coalition and the NYCLU have issued reports outlining the problem.

The continues to be continued harassment of students based on religion, gender identity, language ability, sexual orientation and many other forms.

One report surveyed 1,100 students and teachers and found a quarter of students were victims of bias-based harassment and many were unaware of reporting procedures. Department of Education surveys filled out by 400,000 students showed that 74% students in 2008 and 71% in 2009 reported bullying in schools.

This legislation will insure that the NYC Department of Education follows its own guidelines.

Legislative history

New Bill.

Fiscal implications

Minimal.

Local fiscal implications

Minimal.

Effective date

Immediately.