N.Y. Comp. Codes R. & Regs. tit. 8 § 119.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 119.6 - Policies against harassment, bullying, and discrimination

Each charter school shall include in its disciplinary rules and procedures pursuant to Education Law section 2851(2)(h) or, if applicable, in its code of conduct:

(a) provisions, in an age-appropriate version and written in plain-language, prohibiting harassment, bullying, and discrimination against any student, by employees or students that creates a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying as defined in Education Law section 11(8), either that:

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

(2) 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.

(3) Such conduct shall include acts of harassment and/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) 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.

(4) For purposes of this section, the term threats, intimidation or abuse shall include verbal and non-verbal actions.

(5) For purposes of this section, 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.

(6) Such conduct shall include, but is not limited to acts based on a person's actual or perceived race as defined in Education Law section 11(9) and subdivision (kk) of section 100.2 of this Subtitle, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law section 11(6), or sex; provided that 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 section 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;

(b) provisions for responding to acts of harassment, bullying, and/or discrimination against students by employees or students on school property or at a school function as defined in Education Law section 11(1) and (2), pursuant to subdivision (a) of this section, including but not limited to disciplinary measures to be taken; and

(c) guidelines on promoting a safe and supportive school climate while discouraging, among other things, harassment, bullying, and/or discrimination against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management;

(d) provisions which enable students, parents and persons in parental relation to make an oral or written report of harassment, bullying, and/or discrimination to teachers, administrators, and other school personnel that the school district deems appropriate; and

(e) a provision prohibiting retaliation against any individual who, in good faith, reports or assists in the investigation of harassment, bullying, and/or discrimination.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 119.6

Amended New York State Register April 28, 2021/Volume XLIII, Issue 17, eff. 4/28/2021