New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.6 - Policies against harassment, bullying, and discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
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;