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S04544 Summary:

BILL NOS04544B
 
SAME ASSAME AS A05403-A
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRADDABBO, BAILEY, CLEARE, COMRIE, GIANARIS, GOUNARDES, JACKSON, MARTINEZ, MAYER, RYAN C, SALAZAR, SKOUFIS, STAVISKY
 
MLTSPNSR
 
Add Art 2-A §§19 - 23, 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--B
 
                               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  --  reported favorably from said committee and committed to
          the Committee  on  Finance  --  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 prevention and response.
    10          22. Applicability.
    11          23. Severability and construction.
    12    § 19. Legislative intent. The legislature finds that students' ability
    13  to learn and to meet high academic standards, and a school's ability  to
    14  educate its students, are compromised by incidents of harassment includ-
    15  ing bullying, taunting or intimidation.  It is hereby declared to be the
    16  policy of the state to afford all students in nonpublic schools an envi-
    17  ronment free of bullying and harassment.  The purpose of this article is
    18  to  foster  civility  in  nonpublic  schools and to prevent and prohibit
    19  conduct which is inconsistent with a school's educational mission.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07739-07-5

        S. 4544--B                          2
 
     1    § 20. Definitions. For the purposes of  this  article,  the  following
     2  terms shall have the following meanings:
     3    1.  "School property" shall mean in or within any building, structure,
     4  athletic playing field, playground, parking lot, or land contained with-
     5  in the real property boundary line of a nonpublic elementary or  second-
     6  ary  school; or in or on a school bus, as defined in section one hundred
     7  forty-two of the vehicle and traffic law.
     8    2. "School function" shall mean a  nonpublic  school-sponsored  extra-
     9  curricular event or activity.
    10    3.  "Harassment"  and  "bullying" shall mean the creation of a hostile
    11  environment by conduct or by threats, intimidation or  abuse,  including
    12  cyberbullying, that (a) has or would have the effect of unreasonably and
    13  substantially  interfering  with  a  student's  educational performance,
    14  opportunities or benefits, or mental, emotional or physical  well-being;
    15  (b) reasonably causes or would reasonably be expected to cause a student
    16  to  fear  for  their  physical  safety;  (c)  reasonably causes or would
    17  reasonably be expected to cause physical injury or emotional harm  to  a
    18  student;  or  (d) occurs off school property and creates, or would fore-
    19  seeably create, a risk of substantial disruption within the school envi-
    20  ronment, where it is foreseeable that the conduct, threats, intimidation
    21  or abuse might reach school property.  For purposes of this  definition,
    22  the  term "threats, intimidation or abuse" shall include verbal and non-
    23  verbal actions.
    24    4. "Cyberbullying" shall mean harassment or  bullying  as  defined  in
    25  subdivision  three  of  this  section, where such harassment or bullying
    26  occurs through any form of electronic communication.
    27    5. "School" shall mean any nonpublic elementary or secondary school.
    28    § 21. Bullying and harassment prevention and response. 1.  No  student
    29  shall  be  subjected to harassment or bullying, including cyberbullying,
    30  by other students on school property or at a school function.
    31    2.  Every school, subject to this section, shall adopt  a  written  in
    32  plain-language  and age-appropriate anti-bullying and harassment policy,
    33  which  must  be  published  on  the   school's   website   or   internal
    34  parent/student  portal  and shared annually with employees, parents, and
    35  students. Such policy shall include but not be limited to information on
    36  how bullying and harassment is defined, how incidents will be  reported,
    37  investigated, and documented, and an age-appropriate process for notify-
    38  ing the victim about the final outcome of the investigation.
    39    3.  School employees who witness bullying or harassment, or receive an
    40  oral or written report of bullying or harassment, shall promptly  notify
    41  the  principal  or head of school or the principal's or head of school's
    42  designee, orally not later than one school day after such school employ-
    43  ee witnesses or receives a report of bullying and harassment,  and  must
    44  file  a  written  report with the principal or head of school's designee
    45  not later than two school days after making the initial oral report.
    46    4. Upon a report of bullying, harassment, or retaliation, the  princi-
    47  pal  or head of school, or the principal or head  of  school's designee,
    48  must  investigate  promptly,  communicate their findings with the victim
    49  and take immediate steps and  appropriate  follow-up  action  reasonably
    50  calculated  to  ensure  that  such conduct has stopped  and  ensure  the
    51  safety  of  the  student  or students  including retaliation against any
    52  individual who in good faith reports such bullying  or  assists  in  the
    53  investigation.
    54    §  22.  Applicability. Nothing in this section is intended to infringe
    55  upon any right to exercise free expression or the free exercise of reli-
    56  gion or religiously based views protected under the First  Amendment  to

        S. 4544--B                          3
 
     1  the  United  States  Constitution, section eight of article I of the New
     2  York State Constitution, sections three hundred thirteen and  thirty-two
     3  hundred  one  of  this  chapter,  and  subdivision eleven of section two
     4  hundred ninety-six of the executive law.
     5    §  23.  Severability  and construction. The provisions of this article
     6  shall be severable, and if any court of competent jurisdiction  declares
     7  any phrase, clause, sentence or provision of this article to be invalid,
     8  or its applicability to any government agency, person or circumstance is
     9  declared  invalid, the remainder of this article and its relevant appli-
    10  cability shall not be affected. The provisions of this article shall  be
    11  liberally construed to give effect to the purposes thereof.
    12    § 3. This act shall take effect immediately.
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