S 10249 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10249 Summary: BILL NO S10249A &nbsp SAME AS SAME AS A08396-B

&nbsp SPONSOR BOTTCHER &nbsp COSPNSR BRISPORT, CLEARE, FERNANDEZ, GOUNARDES, JACKSON, MYRIE, PALUMBO, PARKER, SALAZAR, SCARCELLA-SPANTON, SERRANO, WEBB &nbsp MLTSPNSR &nbsp Amd Ed L, generally &nbsp Enacts the student suicide prevention act; requires the governing board or body of every local educational agency serving students in grades seven to twelve, to adopt policies, procedures and guidelines on student suicide prevention, intervention and postvention for students in such grades.

Go to top S10249 Text:

STATE OF NEW YORK ________________________________________________________________________

10249--A

IN SENATE

May 8, 2026 ___________

Introduced by Sens. BOTTCHER, BRISPORT, CLEARE, FERNANDEZ, GOUNARDES, JACKSON, MYRIE, PALUMBO, PARKER, SALAZAR, SCARCELLA-SPANTON, SERRANO, WEBB -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee

AN ACT to amend the education law, in relation to enacting the student suicide prevention act

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Short title. This act shall be known and may be cited as 2 the "student suicide prevention act". 3 § 2. The education law is amended by adding a new article 2-B to read 4 as follows: 5 ARTICLE 2-B 6 STUDENT SUICIDE PREVENTION 7 Section 24. Legislative intent. 8 25. Definitions. 9 26. Policies, procedures, and guidelines. 10 27. Reporting. 11 28. Application. 12 29. Severability and construction. 13 § 24. Legislative intent. The legislature finds and declares the 14 following: 1. According to data from the National Center for Health 15 Statistics, suicide remains a critical issue. In two thousand twenty- 16 three, suicide was the second leading cause of death for youth and young 17 adults ten to twenty-four years of age, inclusive, in both the United 18 States and in New York state. 19 2. As children and teens spend a significant amount of their young 20 lives in school, the personnel who interact with them on a daily basis 21 are essential gatekeepers for recognizing warning signs of suicide and 22 making the appropriate referrals for help. 23 3. In a national survey conducted by the Jason Foundation, a teacher 24 was identified as the number one person to whom a student would turn to

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06148-17-6

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1 help a friend who might be suicidal. It is imperative that when a young 2 person comes to a teacher for help, such teacher has the knowledge, 3 tools, and resources to respond correctly. 4 4. In the year two thousand twenty-three, the federal Centers for 5 Disease Control and Prevention found in its Youth Risk Behavior Survey 6 that lesbian, gay, bisexual and questioning plus (LGBQ+) high school 7 students are more than three times more likely to seriously consider 8 attempting suicide than their heterosexual peers and one in five 9 attempted suicide. Moreover, more than three in five LGBQ+ students 10 experienced persistent feelings of sadness or hopelessness. In the two 11 thousand twenty-four Trevor Project National Survey, two in five of 12 lesbian, gay, bisexual, transgender, queer or questioning plus (LGBTQ+) 13 youth seriously considered attempting suicide in the past year, and 14 twelve percent attempted suicide. 15 5. There are national hotlines available to help adults and youth, 16 including LGBTQ youth, who are experiencing suicidal ideation or who are 17 worried about a family member or peer who may be at risk, including the 18 National Suicide Prevention Lifeline, the Crisis Text Line, the Trevor 19 Project Lifeline, and TrevorChat. 20 6. According to the Family Acceptance Project, research has found 21 that, for an LGBTQ youth, having at least one supportive adult can 22 reduce the youth's risk of suicide. 23 7. New York state schools face the serious issues of students at high 24 risk of suicide and death by suicide in the school communities. School 25 personnel must be supported by clear policies and procedures, which 26 serve as an easily-accessible roadmap, eliminate confusion over educator 27 roles and the referral process, and equip educators with the tools to 28 respond safely when a suicide does occur in the school community. 29 § 25. Definitions. For the purposes of this article, the following 30 terms shall have the following meanings: 1. "Crisis situation" means a 31 situation where a teacher or other local educational agency employee 32 believes a student or other individual is in imminent danger of a 33 suicide attempt. 34 2. "LGBTQ" means lesbian, gay, bisexual, transgender, queer or ques- 35 tioning. 36 3. "Local educational agency" means a school district, board of coop- 37 erative educational services, school, or the education department. 38 4. "Suicide intervention" means specific actions schools can take in 39 response to suicidal behavior by a student, including, but not limited 40 to: 41 a. student supervision; 42 b. notification of parents or guardians; 43 c. crisis situation response protocols; 44 d. when and how to request an immediate mental health assessment or 45 emergency services; and 46 e. school re-entry support following a student mental health crisis. 47 5. "Suicide postvention" means planned support and interventions 48 schools can implement after a suicide attempt or suicide death of a 49 member of the school community that are designed to: 50 a. reduce the risk of the spread of suicidal thoughts or intentions; 51 b. provide support for affected students and school-based personnel; 52 c. address the social stigma associated with suicide; and 53 d. disseminate factual information about suicide and its prevention. 54 6. "Suicide prevention" means specific actions schools can take to 55 recognize and reduce suicidal behavior, including, but not limited to:

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1 a. identifying risks and protective factors for suicide and suicide 2 warning signs; 3 b. establishing a process by which students are referred to a mental 4 and behavioral health provider for help; 5 c. making available school-based and community-based mental health 6 supports; 7 d. providing the location of available online and community suicide 8 prevention resources, including local crisis centers and hotlines; 9 e. adopting policies and protocols regarding suicide prevention, 10 intervention, and postvention, school safety, and response to crisis 11 situations; 12 f. training for classroom teachers, school counselors, school psychol- 13 ogists, school social workers, school coaches, school administrators or 14 supervisors and the superintendent of schools in recognizing suicide 15 risks and warning signs and how to refer students for further assessment 16 and evaluation; and 17 g. instruction to students in problem-solving and coping skills to 18 promote students' mental, emotional, and social health and well-being, 19 and instruction in recognizing and appropriately responding to signs of 20 suicidal intent in others. 21 § 26. Policies, procedures, and guidelines. 1. The governing board or 22 body of every local educational agency that serves students in grades 23 seven to twelve, inclusive, shall, before the first day of August, two 24 thousand twenty-seven, adopt policies, procedures, and guidelines on 25 student suicide prevention, intervention, and postvention for students 26 in such grades. Such policies, procedures, and guidelines shall be 27 developed in consultation with school and community stakeholders, 28 school-employed mental health professionals, and suicide prevention 29 experts, and shall include, but not be limited to: 30 a. methods to increase awareness of the relationship between suicide 31 and suicide risk factors including, but not limited to: 32 i. mental health and substance use conditions; 33 ii. childhood abuse, neglect, or trauma; 34 iii. prolonged stress, including individual experiences such as bully- 35 ing, harassment, family or relationship stress, or other stressful life 36 events, as well as collective stressors such as systemic bias and 37 discrimination; 38 iv. exposure to another person's suicide, or sensationalized or graph- 39 ic accounts of suicide; and 40 v. previous suicide attempts or history of suicide within a student's 41 family; 42 b. identification of training opportunities on recognizing suicide 43 risks, coordination with training conducted pursuant to article two of 44 this chapter, and identification of referral procedures available to 45 school employees; 46 c. availability of expertise from school employees who have been 47 trained in recognizing suicide risks, and referral procedures; 48 d. how school employees should respond to suspicion, concerns, or 49 warning signs of suicide in students; 50 e. how school employees should respond to a crisis situation where a 51 student is in imminent danger to themself; 52 f. policies and protocols for communication with parents, including 53 those that specify what to do if parental notification is not in the 54 best interest of the student; 55 g. counseling services available within the school for students and 56 their families that are related to suicide prevention;

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1 h. availability of information concerning crisis situation inter- 2 vention, suicide prevention, and mental health services in the community 3 for students and their families and school employees; 4 i. identification and development of partnerships with community 5 organizations and agencies, including after-school programs offering 6 mental health and suicide prevention services, for referral of students 7 to health, mental health, substance use, and social support services, 8 including development of at least one memorandum of understanding 9 between the local education agency and such an organization or agency in 10 the community or region, other than a law enforcement agency; 11 j. development of a culturally competent plan to assist survivors of 12 attempted suicide and to assist students and school employees in coping 13 with an attempted suicide or a suicide death within the school communi- 14 ty; 15 k. development of a plan for school re-entry support following a 16 student mental health crisis, including coordination with the student's 17 mental health provider, a designated school-based support person, and a 18 trauma-informed plan focused on reintegrating the student back into the 19 school community; and 20 l. development of any other related program or activity for students 21 or school employees. 22 2. The policies, procedures, and guidelines adopted pursuant to subdi- 23 vision one of this section shall specifically address the needs of high- 24 risk groups, including, but not limited to, the following: 25 a. youth who have lost a friend or family member to suicide; 26 b. youth with disabilities or with chronic health conditions, includ- 27 ing mental health and substance use conditions; 28 c. youth experiencing homelessness or in out-of-home settings, such as 29 foster care; 30 d. LGBTQ youth; and 31 e. students who have been the target of harassment, bullying, coercive 32 control or discrimination. 33 3. The policies, procedures, and guidelines adopted pursuant to subdi- 34 vision one of this section shall be written to ensure that a school 35 employee acts only within the authorization and scope of such employee's 36 credential or license. Nothing in this section shall be construed as 37 authorizing or encouraging a school employee to diagnose or treat mental 38 health conditions unless such employee is specifically licensed and 39 employed to do so. 40 4. The policies, procedures and guidelines adopted pursuant to this 41 section shall incorporate the terms of the school's written contract or 42 memorandum of understanding on the role of law enforcement as required 43 pursuant to section two thousand eight hundred one-a of this chapter, 44 ensure that school officials are solely responsible for responding to 45 student behavior, and make clear that unless otherwise authorized by 46 state law, any determination that a student requires hospital transport 47 for a mental health evaluation shall be made, whenever practicable, by a 48 clinically trained mental health professional employed or contracted by 49 the school. Such student shall be accompanied during such transport by 50 a school social worker, guidance counselor, nurse, therapist or a desig- 51 nated school employee, and such person shall stay with the student until 52 their parent or parent's designee arrives. The school shall be responsi- 53 ble for contacting the parent when such hospital transport is needed. 54 5. To assist local educational agencies in developing policies for 55 student suicide prevention, the department shall develop and maintain 56 model policies, procedures, and guidelines in accordance with this

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1 section and a publicly available, annually updated statewide resource 2 guide of mental health, behavioral health and suicide prevention 3 services to serve as a guide for local educational agencies. Such model 4 policies, procedures, and guidelines shall be posted within thirty days 5 of their completion on the department's internet website, along with 6 relevant resources and information to support schools in developing and 7 implementing the policies, procedures, and guidelines required under 8 subdivision one of this section. 9 6. The governing board or body of a local educational agency that 10 serves students in grades seven to twelve, inclusive, shall review, at 11 minimum every fifth year following the effective date of this article, 12 its policies, procedures, and guidelines on student suicide prevention 13 and, if necessary, update such policies, procedures, and guidelines. 14 § 27. Reporting. 1. The commissioner, in conjunction with the commis- 15 sioner of health, shall create a procedure under which incidents of 16 suicide or attempted suicide by students are reported to the department 17 every five years by the first day of September, provided that such 18 reporting shall not contain information identifiable with any individual 19 student. Such procedure shall provide that such reports shall also 20 delineate whether such student was the subject of a report of harass- 21 ment, bullying, coercive control or discrimination; and whether they had 22 transferred into the school within the preceding twelve months. In addi- 23 tion, the department shall request the comptroller to undertake studies 24 to determine compliance throughout the state with the provisions of this 25 article. 26 2. The commissioner shall use such reports and data to identify 27 schools and districts that may benefit from assistance to meet the stan- 28 dards and objectives of this article. The commissioner shall promulgate 29 policies and procedures for improving conditions at these schools to 30 ensure proper training, support, and compliance with all requirements. 31 3. The commissioner shall deliver the report referenced in subdivision 32 one of this section to the temporary president of the senate, speaker of 33 the assembly, minority leader of the senate, minority leader of the 34 assembly, chair and ranking member of the senate education committee and 35 chair and ranking member of the assembly education committee every two 36 years on or before the first day of November. 37 § 28. Application. The provisions of this article shall apply to all 38 private and public educational institutions, including charter schools, 39 in New York state. 40 § 29. Severability and construction. The provisions of this article 41 shall be severable, and if any court of competent jurisdiction declares 42 any phrase, clause, sentence or provision of this article to be invalid, 43 or its applicability to any government agency, person or circumstance is 44 declared invalid, the remainder of this article and its relevant appli- 45 cability shall not be affected. The provisions of this article shall be 46 liberally construed to give effect to the purposes thereof. 47 § 3. Section 10 of the education law, as added by chapter 482 of the 48 laws of 2010, is amended to read as follows: 49 § 10. Legislative intent. The legislature finds that students' ability 50 to learn and to meet high academic standards, and a school's ability to 51 educate its students, are compromised by incidents of discrimination or 52 harassment including bullying, taunting or intimidation. It is hereby 53 declared to be the policy of the state to afford all students in public 54 schools an environment free of discrimination and harassment , whether in 55 the school building or on the internet . The purpose of this article is

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1 to foster civility in public schools and to prevent and prohibit conduct 2 which is inconsistent with a school's educational mission. 3 § 4. Subdivisions 1, 2, 7 and 8 of section 11 of the education law, 4 subdivisions 1 and 2 as added by chapter 482 of the laws of 2010 and 5 subdivision 7 as amended and subdivision 8 as added by chapter 102 of 6 the laws of 2012, are amended and three new subdivisions 11, 12 and 13 7 are added to read as follows: 8 1. "School property" shall mean in or within any building, structure, 9 athletic playing field, playground, parking lot, or land contained with- 10 in the real property boundary line of a public elementary or secondary 11 school; or in or on a school bus, as defined in section one hundred 12 forty-two of the vehicle and traffic law ; or in or within a school 13 administrative building . 14 2. "School function" shall mean a school board or trustee meeting or a 15 school-sponsored or school-authorized extra-curricular event or activity 16 regardless of where such event or activity takes place, including any 17 event or activity that may take place in another state including but not 18 limited to field trips and athletic practices, scrimmages and events . 19 7. "Harassment" [ and "bullying" ] shall mean the creation of a hostile 20 environment by a fellow member of the school community or an agent of 21 such member by conduct or by threats, intimidation or abuse, including 22 by bullying, cyberbullying or coercive control , that (a) has or would 23 have the effect of unreasonably [ and substantially ] interfering with [ a ] 24 such student's educational performance, opportunities or benefits, or 25 mental, emotional or physical well-being; or (b) reasonably causes or 26 would reasonably be expected to cause [ a ] such student to fear for [ his 27 or her ] their physical safety; or (c) reasonably causes or would reason- 28 ably be expected to cause physical injury or emotional harm to [ a ] such 29 student; or (d) occurs off school property and creates or would foresee- 30 ably create a risk of [ substantial ] unreasonable disruption within the 31 school environment, where it is foreseeable that the conduct, threats, 32 intimidation or abuse might reach school property. Acts of harassment , 33 [ and ] bullying and coercive control shall include, but not be limited 34 to, [ those ] acts based on a person's actual or perceived race, color, 35 weight, age, physical characteristics, national origin, ethnic group, 36 religion, religious practice, disability, sexual orientation, gender or 37 sex. For the purposes of this definition the term "threats, intimidation 38 or abuse" shall include verbal and non-verbal actions. 39 8. "Cyberbullying" [ shall mean ] is a type of harassment [ or ] , includ- 40 ing bullying or coercive control as defined in subdivision seven of this 41 section, [ including paragraphs (a), (b), (c) and (d) of such subdivi- 42 sion, ] where such harassment [ or bullying ] occurs through any form of 43 electronic communication , including but not limited to cell phones, 44 email, social media, chat rooms or text messaging . 45 11. "Bullying" is a type of harassment as defined in this section that 46 shall mean a pattern of deliberate aggressive acts by a person or group 47 intended to harm, dominate or humiliate another person who is in any way 48 perceived to be more vulnerable than the aggressor. Bullying may involve 49 verbal attacks, teasing, physical attacks, or threats of harm to such 50 other person or another person, intentionally sharing personal or 51 private information or images about someone without their consent caus- 52 ing embarrassment or reputational harm to them, intentionally altering 53 the personal information or the social media account of a person without 54 their consent, intentionally using artificial intelligence to mimic or 55 alter a person's likeness or voice without their consent, deliberately 56 excluding a person from activities, or other forms of intimidation. The

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1 deliberate targeting of a more vulnerable person by one person or a 2 group of persons distinguishes "bullying" from "conflict" or other kinds 3 of aggression not addressed by this article. "Bullying" involves one 4 person or a group with an intent to harm, dominate or humiliate another 5 person who is perceived by the bully as having less power, including but 6 not limited to less physical strength or social power, and in a 7 "conflict" there is a disagreement between two active parties. 8 12. "Coercive control" is a type of harassment as defined in this 9 section that shall mean a pattern of behavior used by a person with 10 leverage over another person to influence such other person's conduct by 11 dominating, isolating or instilling fear or confusion in them and which 12 results in distress or erodes their sense of autonomy or safety. Coer- 13 cive control may manifest between student partners in an affectionate 14 relationship or between a school employee, school coach or board member 15 or trustee and a student, and may involve surveillance over the other 16 person, isolating the other person from friends or family, gaslighting 17 the other person, punishing the other person for asserting autonomy, or 18 asserting rules over the other person's friendships, clothing, move- 19 ments, communications, bodily autonomy or emotional expression through 20 fear, guilt or manipulation. 21 13. "Gaslighting" shall mean the act of manipulating a person into 22 doubting their own perceptions, memory, or understanding of reality. 23 § 5. Subdivision 1 of section 12 of the education law, as amended by 24 chapter 102 of the laws of 2012, is amended to read as follows: 25 1. No student shall be subjected to harassment [ or ] , bullying or coer- 26 cive control by employees , school coaches, school board members or trus- 27 tees, or students on school property [ or ] , at a school function or 28 through any form of electronic communication ; nor shall any student be 29 subjected to discrimination based on a person's actual or perceived 30 race, color, weight, national origin, ethnic group, religion, religious 31 practice, disability, sexual orientation, gender, or sex by school 32 employees , school coaches, school board members or trustees, or students 33 on school property [ or ] , at a school function or though any form of 34 electronic communication . Nothing in this subdivision shall be 35 construed to prohibit a denial of admission into, or exclusion from, a 36 course of instruction based on a person's gender that would be permissi- 37 ble under section thirty-two hundred one-a or paragraph (a) of subdivi- 38 sion two of section twenty-eight hundred fifty-four of this chapter and 39 title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, 40 et. seq.), or to prohibit, as discrimination based on disability, 41 actions that would be permissible under section 504 of the Rehabili- 42 tation Act of 1973. 43 § 6. Subdivisions 1, 2, 4 and 5 of section 13 of the education law, 44 subdivisions 1 and 2 as amended and subdivisions 4 and 5 as added by 45 chapter 102 of the laws of 2012, are amended and a new subdivision 6 is 46 added to read as follows: 47 1. Policies and procedures intended to create a school environment 48 that is free from harassment, bullying , coercive control and discrimi- 49 nation, that include but are not limited to provisions which: 50 a. identify the principal, superintendent or the principal's or super- 51 intendent's designee as the school employee charged with receiving 52 reports of harassment, bullying , coercive control and discrimination; 53 b. enable students and parents to make an oral or written report of 54 harassment, bullying , coercive control or discrimination to teachers, 55 administrators and other school personnel that the school district deems

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1 appropriate , as identified in the district's policies, procedures and 2 guidelines ; 3 c. require school employees , school coaches or school board members or 4 trustees who witness harassment, bullying , coercive control or discrimi- 5 nation, or receive an oral or written report of harassment, bullying , 6 coercive control or discrimination, to promptly orally notify the prin- 7 cipal, superintendent or the principal's or superintendent's designee, 8 or in the case of an employee, school coach or school board member or 9 trustee who receives a written report, to promptly deliver such report, 10 not later than one school day after such school employee , school coach 11 or school board member or trustee witnesses or receives a report of 12 harassment, bullying , coercive control or discrimination[ , and to file a 13 written report with the principal, superintendent or the principal or 14 superintendent's designee not later than two school days after making 15 such oral report ]; 16 d. require the principal, superintendent or the principal's or super- 17 intendent's designee to (i) prepare a written report not later than one 18 school day after receiving an oral report of harassment, bullying, coer- 19 cive control or discrimination from a school employee, school coach or 20 school board member or trustee; (ii) lead or supervise the thorough 21 investigation of all reports of harassment, bullying , coercive control 22 and discrimination , including to promptly but not later than one school 23 day after receiving a report of harassment, bullying, coercive control 24 or discrimination, contact the individual who made such report, where 25 possible, to discuss allegations, any witnesses or other corroboration 26 including but not limited to screenshots of electronic communications, 27 and desired resolutions, and to prepare a written report of such meet- 28 ing; and [ to ] (iii) ensure that such investigation is completed promptly 29 after the completion or receipt of any written reports made under this 30 section; 31 e. require the school, when an investigation reveals any such verified 32 harassment, bullying , coercive control or discrimination, to take prompt 33 actions reasonably calculated to end the harassment, bullying , coercive 34 control or discrimination, eliminate any hostile environment, create a 35 more positive school culture and climate, prevent recurrence of the 36 behavior, and ensure the safety of the student or students against whom 37 such harassment, bullying , coercive control or discrimination was 38 directed. Such actions shall be consistent with the guidelines created 39 pursuant to subdivision four of this section; 40 f. prohibit retaliation against any individual who, in good faith, 41 reports, or assists in the investigation of, harassment, bullying , coer- 42 cive control or discrimination; 43 f-1. provide for the receipt of credible anonymous tips and informa- 44 tion regarding harassment, bullying, coercive control or discrimination; 45 g. include a school strategy to prevent harassment, bullying , coercive 46 control and discrimination , including but not limited to, parent educa- 47 tion sessions and semiannual age-appropriate school assemblies regarding 48 topics such as conflict resolution and de-escalation techniques ; 49 h. require the principal to make a regular report on data and trends 50 related to harassment, bullying , coercive control and discrimination to 51 the superintendent and shall, pursuant to the direction of the board of 52 education or the trustees or sole trustee of such school district, 53 require such report to include the results of a survey shared with fami- 54 lies, staff and students by the thirty-first of December which asks 55 questions concerning the everyday experiences and perceptions of such 56 stakeholders with respect to safety and the school environment. The

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1 results of such survey shall be published on the school's website by the 2 next succeeding first of July ; 3 i. require the principal, superintendent or the principal's or super- 4 intendent's designee, to notify promptly the appropriate local law 5 enforcement agency when such principal, superintendent or the princi- 6 pal's or superintendent's designee, believes that any harassment, bully- 7 ing , coercive control or discrimination constitutes criminal conduct; 8 j. include appropriate references to the provisions of the school 9 district's code of conduct , including the code of conduct for school 10 coaches, adopted pursuant to section twenty-eight hundred one of this 11 chapter that are relevant to harassment, bullying , coercive control and 12 discrimination; 13 k. require each school, at least once during each school year, to 14 provide all school employees, school coaches, students [ and ] , parents or 15 guardians and school board members or trustees with a written or elec- 16 tronic copy of the school district's policies created pursuant to this 17 section, or a plain-language summary thereof, including notification of 18 the process by which students, parents [ and ] or guardians, school 19 employees , school coaches or school board members or trustees may report 20 harassment, bullying or coercive control and discrimination [ . This 21 subdivision shall not be construed to require additional distribution of 22 such policies and guidelines if they are otherwise distributed to school 23 employees, students and parents ] , provide copies of such plain-language 24 summary to all students at a general assembly held at the beginning of 25 the school year, and conspicuously post a written notification informing 26 students about such policy, the name of the school employee designated 27 to receive reports of harassment, bullying, coercive control or discrim- 28 ination and the web address for the New York state center for school 29 safety in the school lobby and in every restroom used by students as 30 well as other parts of the school where students are likely to see such 31 notification ; 32 l. maintain current versions of the school district's policies created 33 pursuant to this section on the school district's internet website, if 34 one exists; and 35 m. include a school strategy to foster safe, responsible use of the 36 internet and electronic communications; and 37 2. Guidelines to be used in school training programs to discourage the 38 development of harassment, bullying , coercive control and discrimi- 39 nation, and to make school employees , school coaches and school board 40 members or trustees aware of the effects of harassment, bullying, coer- 41 cive control, cyberbullying and discrimination on students and that are 42 designed: 43 a. to raise the awareness and sensitivity of school employees , school 44 coaches and school board members or trustees to potential harassment, 45 bullying , coercive control and discrimination, and 46 b. to enable employees , school coaches and school board members or 47 trustees to prevent and respond to harassment, bullying , coercive 48 control and discrimination; and 49 4. Guidelines relating to the development of measured, balanced and 50 age-appropriate responses to instances of harassment, bullying , coercive 51 control or discrimination by students, with remedies and procedures 52 following a progressive model that make appropriate use of intervention, 53 discipline and education, vary in method according to the nature of the 54 behavior, the developmental age of the student and the student's history 55 of problem behaviors, and are consistent with the district's code of 56 conduct; and

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1 5. Training required by this section shall address the social patterns 2 of harassment, bullying , coercive control and discrimination, as defined 3 in section eleven of this article, including but not limited to those 4 acts based on a person's actual or perceived race, color, weight, age, 5 physical characteristics, national origin, ethnic group, religion, reli- 6 gious practice, disability, sexual orientation, gender or sex, the iden- 7 tification and mitigation of harassment, bullying , coercive control and 8 discrimination including but not limited to training in restorative 9 justice and mediation techniques , [ and ] strategies for effectively 10 addressing problems of exclusion, bias and aggression in educational 11 settings[ . ] , and the recognition of suicide risks and warning signs and 12 how to refer students for further assessment and evaluation; and 13 6. The governing board or body of a local educational agency shall 14 review, at minimum every fifth year following the effective date of this 15 subdivision, its policies, procedures, and guidelines on harassment, 16 bullying, coercive control and discrimination and, if necessary, update 17 such policies, procedures, and guidelines. 18 § 7. Subdivisions 1 and 5 of section 14 of the education law, subdivi- 19 sion 1 as amended by chapter 102 of the laws of 2012, and subdivision 5 20 as amended by chapter 90 of the laws of 2013, are amended and a new 21 subdivision 6 is added to read as follows: 22 1. Provide direction, which may include development of model policies 23 and, to the extent possible, direct services, to school districts 24 related to preventing harassment, bullying , coercive control and 25 discrimination and to fostering an environment in every school where all 26 children can learn free of manifestations of bias; 27 5. [ The commissioner shall prescribe ] Prescribe regulations that 28 school professionals applying on or after December thirty-first, two 29 thousand thirteen for a certificate or license, including but not limit- 30 ed to a certificate or license valid for service as a classroom teacher, 31 school counselor, school psychologist, school social worker, school 32 coach, school administrator or supervisor or superintendent of schools 33 shall, in addition to all other certification or licensing requirements, 34 have completed training on the social patterns of harassment, bullying 35 and discrimination, as defined in section eleven of this article, 36 including but not limited to those acts based on a person's actual or 37 perceived race, color, weight, age, physical characteristics, national 38 origin, ethnic group, religion, religious practice, disability, sexual 39 orientation, gender or sex, the identification and mitigation of harass- 40 ment, bullying , coercive control and discrimination, [ and ] strategies 41 for effectively addressing problems of exclusion, bias and aggression in 42 educational settings and, for all such school professionals applying on 43 or after December thirty-first two thousand twenty-six for such a 44 certificate or license, recognizing suicide risks and warning signs and 45 how to refer students for further assessment and evaluation . 46 6. Develop model student, staff and family surveys in accordance with 47 section thirteen of this article to assist local education agencies to 48 conduct such surveys during the course of a school year. 49 § 8. Section 15 of the education law, as amended by chapter 102 of the 50 laws of 2012, is amended to read as follows: 51 § 15. Reporting by commissioner and use of reports . 1. The commis- 52 sioner shall create a procedure under which [ material ] relevant inci- 53 dents of harassment, bullying and discrimination on school grounds [ or ] , 54 at a school function , or through any form of electronic communication 55 are reported to the department at least on an annual basis , provided 56 that such reporting shall not contain information identifiable with any

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1 individual student . Such procedure shall provide that such reports 2 shall[ , wherever possible, ] also delineate the specific nature of such 3 incidents of harassment, bullying or coercive control and discrimi- 4 nation, [ provided that the commissioner may comply with the requirements 5 of this section through use of the existing uniform violent incident 6 reporting system ] including but not limited to whether an incident 7 constituted harassment, bullying, coercive control, cyberbullying, 8 discrimination or any combination thereof; whether an incident involved 9 a student, school employee, school coach or school board member or trus- 10 tee aggressor and whether such aggressor acted individually or in a 11 group; the school's response to such incident; whether a targeted 12 student withdrew from school or relocated schools within the current or 13 immediately subsequent school year following a report of an incident; 14 and the total number of reports dismissed and the resolution for each. 15 Notwithstanding any provision in this article to the contrary, effective 16 resolution of an incident does not negate the district's obligation to 17 report it to the department . In addition , the department [ may conduct 18 research or ] shall request the comptroller to undertake studies to 19 determine compliance throughout the state with the provisions of this 20 article. 21 2. The commissioner shall use such reports and data to identify 22 schools and districts that are failing to meet the standards and objec- 23 tives of this article. The commissioner shall promulgate policies and 24 procedures for improving conditions at these schools to ensure proper 25 training, support, and compliance with all requirements. 26 3. The commissioner shall deliver the report referenced in subdivision 27 one of this section to the legislature, temporary president of the 28 senate, speaker of the assembly, chair of the senate education committee 29 and chair of the assembly education committee every two years on or 30 before the first day of November. 31 § 9. Section 16 of the education law, as amended by chapter 102 of the 32 laws of 2012, is amended to read as follows: 33 § 16. Protection of people who report harassment, bullying , coercive 34 control or discrimination. Any person having reasonable cause to suspect 35 that a student has been subjected to harassment, bullying , coercive 36 control or discrimination, by an employee , school coach, school board 37 member or trustee or student, on school grounds [ or ] , at a school func- 38 tion or through any form of electronic communication , who, acting 39 reasonably and in good faith, reports such information to school offi- 40 cials, to the commissioner or to law enforcement authorities, acts in 41 compliance with paragraph e or i of subdivision one of section thirteen 42 of this article, or otherwise initiates, testifies, participates or 43 assists in any formal or informal proceedings under this article, shall 44 have immunity from any civil liability that may arise from the making of 45 such report or from initiating, testifying, participating or assisting 46 in such formal or informal proceedings, and no school district [ or ] , 47 employee , school coach, or school board member or trustee shall take, 48 request or cause a retaliatory action against any such person who, 49 acting reasonably and in good faith, either makes such a report or 50 initiates, testifies, participates or assists in such formal or informal 51 proceedings. 52 § 10. Subdivision 1 and the opening paragraph and paragraphs m and n 53 of subdivision 2 of section 2801 of the education law, subdivision 1 as 54 amended by chapter 402 of the laws of 2005, the opening paragraph of 55 subdivision 2 as amended by chapter 380 of the laws of 2001, paragraph m 56 of subdivision 2 as amended and paragraph n of subdivision 2 as added by

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1 chapter 482 of the laws of 2010, are amended and a new paragraph o of 2 subdivision 2 is added to read as follows: 3 1. a. For purposes of this section, [ school property ] the following 4 terms shall have the following meanings: 5 (i) "School property" means in or within any building, structure, 6 athletic playing field, playground, parking lot , or land contained with- 7 in the real property boundary line of a public elementary or secondary 8 school[ ; or ] , in or on a school bus, as defined in section one hundred 9 forty-two of the vehicle and traffic law[ ; and a school function ] , or 10 within a school administrative building. 11 (ii) "School function" [ shall mean ] means a school board or trustee 12 meeting or a school-sponsored or school-authorized [ extra-curricular ] 13 extra curricular event or activity regardless of where such event or 14 activity takes place, including any event or activity that may take 15 place in another state including but not limited to field trips and 16 athletic practices, scrimmages and events . 17 b. This section shall also apply to cyberbullying, whether on or off 18 school property or at or away from a school function where such conduct 19 constitutes harassment as defined in section eleven of this chapter. 20 The board of education or the trustees, as defined in section two of 21 this chapter, of every school district within the state, however 22 created, and every board of cooperative educational services and county 23 vocational extension board, shall adopt and amend, as appropriate, a 24 code of conduct for the maintenance of order on school property, includ- 25 ing a school function, which shall govern the conduct of students, 26 teachers , coaches, board members and trustees, and other school person- 27 nel as well as visitors and shall provide for the enforcement thereof. 28 Such policy may be adopted by the school board or trustees only after at 29 least one public hearing that provides for the participation of school 30 personnel, parents, students and any other interested parties. Such code 31 of conduct shall include, at a minimum: 32 m. a minimum suspension period for acts that would qualify the pupil 33 to be defined as a violent pupil pursuant to paragraph a of subdivision 34 two-a of section thirty-two hundred fourteen of this chapter, provided 35 that the suspending authority may reduce such period on a case by case 36 basis to be consistent with any other state and federal law; [ and ] 37 n. provisions to comply with [ article ] articles two and two-B of this 38 chapter[ . ] ; and 39 o. an additional code of conduct for coaches. To assist local educa- 40 tional agencies in developing a code of conduct for coaches, the depart- 41 ment shall develop and maintain a model code in accordance with this 42 section to serve as a guide for local educational agencies. Such model 43 code shall be posted on the department's website and, at a minimum, 44 shall include provisions regarding the program mission, a coach's 45 health, safety and wellness obligations to the students, a coach's obli- 46 gations to parents and spectators, a central summary of mandated creden- 47 tials, training and licenses or certifications applicable to coaches, a 48 communications policy as between coaches and students and parents, and 49 an ethics policy. 50 § 11. Paragraph a of subdivision 2 of section 3006-a of the education 51 law, as added by section 2 of subpart C of part EE of chapter 56 of the 52 laws of 2015, is amended to read as follows: 53 a. (i) During each five-year registration period beginning on or after 54 July first, two thousand sixteen, an applicant for registration shall 55 successfully complete a minimum of one hundred hours of continuing 56 teacher and leader education, as defined by the commissioner , provided

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1 that such one hundred hours shall include, at a minimum, five hours of 2 professional development that incorporates the principles and practices 3 of the department's culturally responsive-sustaining framework and is 4 related to dignity for all students and suicide prevention education, in 5 accordance with articles two and two-B of this chapter, that is provided 6 by or in coordination with a teacher or guidance counselor in every 7 school district . 8 (ii) Utilizing funds appropriated for the professional development 9 topics listed in subparagraph (i) of this paragraph, the department 10 shall create and provide model curricula and teaching and professional 11 development resources on its website. The department shall issue rigor- 12 ous standards for courses, programs, and activities, that shall qualify 13 as continuing teacher and leader education pursuant to this section. For 14 purposes of this section, a peer review teacher, or a principal acting 15 as an independent trained evaluator, conducting a classroom observation 16 as part of the teacher evaluation system pursuant to section three thou- 17 sand twelve-d of this article may credit such time towards [ his or her ] 18 their continuing teacher and leader effectiveness requirements. 19 § 12. This act shall take effect July 1, 2027.

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