Requires the appointment of a Title VI coordinator at every college and university in the state, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5448--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  LASHER, STERN, RA, E. BROWN, NORBER,
   LEVENBERG, McDONALD, GLICK,  HEVESI,  EPSTEIN,  BRAUNSTEIN,  NOVAKHOV,
   BERGER,  BORES,  COLTON,  LUNSFORD, CLARK, ZACCARO, PAULIN, McDONOUGH,
   LAVINE, WIEDER,  GRIFFIN,  DINOWITZ,  EICHENSTEIN,  BENDETT,  McMAHON,
   SLATER,  WRIGHT,  SEPTIMO,  BICHOTTE HERMELYN, RAMOS, TORRES, ALVAREZ,
   GALLAGHER, FORREST, P. CARROLL, O'PHARROW, EACHUS  --  read  once  and
   referred to the Committee on Higher Education -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and referred to the Committee on Ways and  Means
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the education law, in relation to requiring the appoint-
   ment of a Title VI coordinator at every college and university in  the
   state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6436-a
 to read as follows:
   § 6436-A. DESIGNATION OF A TITLE VI COORDINATOR AND DUTIES. 1. PURPOSE
 AND DESIGNATION OF COORDINATOR. (A) TO  ENSURE  STUDENTS  ARE  PROTECTED
 FROM   ILLEGAL  DISCRIMINATION  BASED  ON  CHARACTERISTICS,  AS  FURTHER
 DESCRIBED IN APPLICABLE STATE AND FEDERAL LAW, INSTITUTIONS SHALL ENGAGE
 IN PROPER COORDINATION OF THESE EFFORTS THROUGH  A  CENTRALIZED  PROCESS
 AND  WITH  A CENTRALIZED POINT OF CONTACT FOR ALL COMPLIANCE, SIMILAR TO
 THE ROLE OF THE TITLE IX COORDINATOR AND THEIR ROLE IN  THE  IMPLEMENTA-
 TION  OF  APPLICABLE FEDERAL LAWS, RULES AND REGULATIONS, AND STATE LAW,
 INCLUDING ARTICLE ONE HUNDRED TWENTY-NINE-B OF THIS TITLE.
   (B) WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  AN
 INSTITUTION, DEFINED AS A COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS
 OR  INCORPORATED  BY  SPECIAL  ACT  OF  THE LEGISLATURE THAT MAINTAINS A
 CAMPUS IN NEW YORK STATE SHALL  DESIGNATE  A  TITLE  VI  COORDINATOR  TO
 ENSURE COMPLIANCE WITH TITLE VI OF THE FEDERAL CIVIL RIGHTS ACT OF 1964,
 CODIFIED  AT  42 U.S.C. 2000D ET SEQ., 34 C.F.R. PART 100, AND ANY OTHER
 RELATED APPLICABLE LAWS, RULES OR REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02163-08-5
 A. 5448--B                          2
 
   2. RESPONSIBILITIES OF THE TITLE VI COORDINATOR WHEN RECEIVING REPORTS
 OF DISCRIMINATION OR HARASSMENT. IF THE TITLE VI COORDINATOR RECEIVES  A
 REPORT, THE TITLE VI COORDINATOR SHALL:
   (A)  OFFER  SUPPORTIVE  MEASURES  FOR THE STUDENT OR STUDENTS MAKING A
 COMPLAINT;
   (B) NOTIFY ANY STUDENTS WHO REPORT CONDUCT THAT MAY REASONABLY CONSTI-
 TUTE DISCRIMINATION OR HARASSMENT UNDER THIS SECTION AND TITLE VI OF THE
 FEDERAL CIVIL RIGHTS ACT OF 1964, OF THE INSTITUTION'S  POLICIES  AND/OR
 PROCEDURES; AND
   (C)  ENSURE  THERE  IS  A  PROCESS FOR INVESTIGATION AND RESOLUTION OF
 COMPLAINTS CONSISTENT WITH OBLIGATIONS UNDER FEDERAL AND STATE LAW.
   3. DEVELOPING TRAINING TO PROMOTE EQUAL ACCESS AND PARTICIPATION.  THE
 DIVISION  OF  HUMAN  RIGHTS, IN COORDINATION WITH INSTITUTIONS OF PUBLIC
 AND PRIVATE HIGHER EDUCATION LOCATED WITHIN  THE  STATE,  SHALL  DEVELOP
 MODEL  TRAINING  FOR  STUDENTS  AND  EMPLOYEES  TO  ENSURE INSTITUTIONAL
 COMPLIANCE. SUCH TRAINING OR INSTITUTIONALLY DEVELOPED EQUIVALENTS SHALL
 BE DELIVERED ANNUALLY TO ALL STUDENTS AND EMPLOYEES COMMENCING WITH  THE
 FIRST  FULL ACADEMIC YEAR AFTER THIS SECTION SHALL TAKE EFFECT, AND EACH
 ACADEMIC YEAR THEREAFTER.
   4. NOTIFICATION OF POLICIES AND PROCEDURES. THE TITLE  VI  COORDINATOR
 SHALL NOTIFY ALL STUDENTS AND EMPLOYEES EACH ACADEMIC YEAR OF THE INSTI-
 TUTION'S  POLICIES  AND  PROCEDURES  FOR  REPORTING  DISCRIMINATION  AND
 HARASSMENT.
   (A) FORM OF NOTIFICATION. THE TITLE VI COORDINATOR SHALL  ENSURE  THAT
 THE ANNUAL NOTIFICATION INCLUDES:
   (I) THE INSTITUTION'S NONDISCRIMINATION POLICY STATEMENT;
   (II)  WEBSITE  LINKS  TO  ALL  POLICIES  AND  PROCEDURES FOR REPORTING
 DISCRIMINATION AND HARASSMENT TO THE INSTITUTION;
   (III) THE CONTACT INFORMATION OF THE TITLE VI COORDINATOR; AND
   (IV) ANY OTHER INFORMATION THE TITLE VI COORDINATOR AND  THE  INSTITU-
 TION DEEM NECESSARY.
   5.  DESIGNEES.  THE TITLE VI COORDINATOR MAY HAVE A DESIGNEE OR DESIG-
 NEES TO ASSIST IN CARRYING OUT THE FUNCTIONS SET FORTH IN THIS  SECTION,
 AND  MAY  WORK WITH OTHER EMPLOYEES TO CARRY OUT THE FUNCTIONS SET FORTH
 IN THIS SECTION, PROVIDED, HOWEVER, THE TITLE VI  COORDINATOR  SHALL  BE
 ULTIMATELY RESPONSIBLE FOR COORDINATING AND OVERSEEING THE INSTITUTION'S
 COMPLIANCE    WITH  THIS  SECTION AND WITH TITLE VI OF THE FEDERAL CIVIL
 RIGHTS ACT OF 1964.
   6. TRAINING FOR TITLE VI COORDINATOR AND DESIGNEE  OR  DESIGNEES.  ALL
 TITLE  VI  COORDINATORS  AND  THEIR  DESIGNEES SHALL BE TRAINED IN THEIR
 DUTIES AND RESPONSIBILITIES SET FORTH IN THIS SECTION AND  TITLE  VI  OF
 THE FEDERAL CIVIL RIGHTS ACT OF 1964.
   7.  RECORDKEEPING.  (A)  THE TITLE VI COORDINATOR SHALL BE RESPONSIBLE
 FOR APPROPRIATE RECORDKEEPING RELATED TO ANY REPORTS AND  COMPLAINTS  OF
 DISCRIMINATION  AND  HARASSMENT, IN ACCORDANCE WITH APPLICABLE STATE AND
 FEDERAL LAW, INCLUDING ALL RECORDS RELATED TO  ASSESSMENTS  OF  REPORTS,
 RECORDS  DOCUMENTING  ACTIONS  THE  INSTITUTION  TOOK  TO MEET ITS OBLI-
 GATIONS, AND ANY RECORDS OF TRAINING ATTENDANCE AND MATERIALS.
   8. OTHER DUTIES. THE TITLE VI COORDINATOR MAY PERFORM  OTHER  RELEVANT
 DUTIES AS ESTABLISHED BY THE INSTITUTION.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.