AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to Education Law sections 11, 12, 13, 14, 207, 305, 2801 and 2854(1)(b), and Chapter 102 of the Laws of 2013.1.Paragraph (2) of subdivision (l) of section 100.2 of the Regulations of the Commissioner of Education is amended,
effective July 1, 2013, as follows:
The code of conduct shall include, but is not limited to:
(b) provisions prohibiting [discrimination and] harassment, bullying, and/or discrimination against any student, by employees or students [on school property or at a school function,] that creates a hostile school environment by conduct [, with or without physical contact and/or by verbal] or by threats intimidation or abuse, including cyberbullying as defined in Education Law section 11(8), [of such a severe nature] that either:
(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…
(4) For purposes of this paragraph, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.
(5) For purposes of this paragraph, “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 …
Parental reports of their children suffering emotional stress associated with Common Core implementation and standardized testing, make it clear that with the adoption of the legislation mandating Common Core implementation which includes standardized testing, our elected officials and educational leaders are in violation of the Code of Conduct.
Common Core and its standardized testing is a clear violation of the civil rights of students. Parents, teachers, students, and community members have the right and responsibility to hold our elected officials and educational leaders to the letter of their law by bringing a class action law suit against all culpable individuals to stop the emotional abuse our children.
The threat being made to our children’s emotional well-being and educational future far exceeds $5,000,000.
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