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S04544 Summary:

BILL NOS04544A
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRADDABBO, BAILEY, CLEARE, COMRIE, GIANARIS, GOUNARDES, JACKSON, MARTINEZ, MAYER, RYAN C, SALAZAR, SKOUFIS, STAVISKY
 
MLTSPNSR
 
Add Art 2-A §§19 - 22, Ed L
 
Prohibits discrimination against and harassment or bullying of students by other students on school property or at a school function; requires schools to investigate reports of bullying; requires schools to adopt a written, plain-language anti-bullying and harassment policy; requires school employees to report incidents of bullying or harassment.
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S04544 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4544--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2025
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN-SIGAL,  ADDABBO,  BAILEY, CLEARE, COMRIE,
          GIANARIS,  GOUNARDES,  JACKSON,  MARTINEZ,  MAYER,  C. RYAN,  SALAZAR,
          SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
          to be committed to the Committee on Education -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN  ACT  to  amend  the education law, in relation to enacting the "Jack
          Reid Law: Protect All Students 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 "Jack Reid Law: Protect All Students Act".
     3    § 2.  The education law is amended by adding a new article 2-A to read
     4  as follows:
     5                                  ARTICLE 2-A
     6                   JACK REID LAW: PROTECT ALL STUDENTS ACT
     7  Section 19. Legislative intent.
     8          20. Definitions.
     9          21. Bullying and harassment prohibited.
    10          22. Severability and construction.
    11    § 19. Legislative intent. The legislature finds that students' ability
    12  to learn and to meet high academic standards, and a school's ability  to
    13  educate its students, are compromised by incidents of harassment includ-
    14  ing bullying, taunting or intimidation.  It is hereby declared to be the
    15  policy of the state to afford all students in nonpublic schools an envi-
    16  ronment free of bullying and harassment.  The purpose of this article is
    17  to  foster  civility  in  nonpublic  schools and to prevent and prohibit
    18  conduct which is inconsistent with a school's educational mission.
    19    § 20. Definitions. For the purposes of  this  article,  the  following
    20  terms shall have the following meanings:
    21    1.  "School property" shall mean in or within any building, structure,
    22  athletic playing field, playground, parking lot, or land contained with-
    23  in the real property boundary line of a nonpublic elementary or  second-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07739-03-5

        S. 4544--A                          2
 
     1  ary  school; or in or on a school bus, as defined in section one hundred
     2  forty-two of the vehicle and traffic law.
     3    2.  "School  function"  shall mean a nonpublic school-sponsored extra-
     4  curricular event or activity.
     5    3. "Harassment" and "bullying" shall mean the creation  of  a  hostile
     6  environment  by  conduct or by threats, intimidation or abuse, including
     7  cyberbullying, that (a) has or would have the effect of unreasonably and
     8  substantially interfering  with  a  student's  educational  performance,
     9  opportunities  or benefits, or mental, emotional or physical well-being;
    10  (b) reasonably causes or would reasonably be expected to cause a student
    11  to fear for their  physical  safety;  (c)  reasonably  causes  or  would
    12  reasonably  be  expected to cause physical injury or emotional harm to a
    13  student; or (d) occurs off school property and creates, or  would  fore-
    14  seeably create, a risk of substantial disruption within the school envi-
    15  ronment, where it is foreseeable that the conduct, threats, intimidation
    16  or  abuse might reach school property.  For purposes of this definition,
    17  the term "threats, intimidation or abuse" shall include verbal and  non-
    18  verbal actions.
    19    4.  "Cyberbullying"  shall  mean  harassment or bullying as defined in
    20  subdivision three of this section, where  such  harassment  or  bullying
    21  occurs through any form of electronic communication.
    22    5. "School" shall mean any nonpublic elementary or secondary school.
    23    §  21.  Bullying  and  harassment prohibited. 1.   No student shall be
    24  subjected to harassment or bullying, including cyberbullying,  by  other
    25  students on school property or at a school function.
    26    2.  Upon a report of bullying, harassment, or retaliation, the princi-
    27  pal or head of school, or the principal or head  of  school's  designee,
    28  must  investigate  promptly,  communicate their findings with the victim
    29  and take immediate steps and appropriate follow-up action to ensure that
    30  such conduct has stopped  and  ensure  the  safety  of  the  student  or
    31  students  including retaliation against any individual who in good faith
    32  reports such bullying or assists in the investigation.
    33    3. Every school, subject to this section, shall  adopt  a  written  in
    34  plain-language  anti-bullying  and  harassment  policy,  which  must  be
    35  published on the school's website or internal parent/student portal  and
    36  shared annually with employees, parents, and students. Such policy shall
    37  include but not be limited to information on how bullying and harassment
    38  is  defined,  how  incidents  will  be reported, investigated, and docu-
    39  mented, and an age-appropriate process for notifying  the  victim  about
    40  the final outcome of the investigation.
    41    4.  School employees who witness bullying or harassment, or receive an
    42  oral or written report of bullying or harassment, shall promptly  notify
    43  the  principal  or head of school or the principal's or head of school's
    44  designee, orally not later than one school day after such school employ-
    45  ee witnesses or receives a report of bullying and harassment,  and  must
    46  file  a  written  report with the principal or head of school's designee
    47  not later than two school days after making the initial oral report.
    48    § 22. Severability and construction. The provisions  of  this  article
    49  shall  be severable, and if any court of competent jurisdiction declares
    50  any phrase, clause, sentence or provision of this article to be invalid,
    51  or its applicability to any government agency, person or circumstance is
    52  declared invalid, the remainder of this article and its relevant  appli-
    53  cability  shall not be affected. The provisions of this article shall be
    54  liberally construed to give effect to the purposes thereof.
    55    § 3. This act shall take effect immediately.
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