Prohibits discrimination against and harassment or bullying of students by employees or students on private, religious or denominational school property or at a school function; provides immunity from civil liability for a person making a good faith report of discrimination, harassment or bullying to authorities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6470
SPONSOR: Simone TITLE OF BILL:
An act to amend the education law, in relation to enacting the "nonpub-
lic dignity for all students act"
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to protect nonpublic elementary, middle
school and high school students from harassment, bullying and discrimi-
nation.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend Education Law to create a new article
2-A, which prohibits discrimination, harassment and bullying for
students in nonpublic schools. This section would not apply to courses
of instruction provided by the nonpublic school or infringe upon any
constitutionally protected right.
Section 2 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Section 1 of this bill creates a new article 2-A of the education law to
establish legislative intent, definitions, types of discrimination and
harassment that are prohibited, and protections for those who report
harassment, bullying or discrimination.
JUSTIFICATION:
The story of Jack Reid underscores the importance of anti-bullying
legislation applying to non-public schools. After more than a year of
bullying and cruel behavior by his private school classmates, Jack's
life was tragically cut short when he died by suicide on April 30, 2022
at age seventeen. There were steps, which his private school did not
take, that would have potentially saved Jack's life.
All students should be afforded a school environment free of discrimi-
nation and harassment including bullying, taunting and intimidation.
This bill seeks to protect all nonpublic elementary, middle school, and
high school students from harassment, bullying and discrimination.
LEGISLATIVE HISTORY:
S. 3810-NA. 1829-B of 2023-2024: Print number 1829b
S. 722/A. 7399 of 2021-2022: Referred to education
S.3696 of 2019-2020 (Hoylman): Died in Education
S.6438 of 2017-2018 (Hoylman): Died in Education
A.7738A of 2017-2018 (O'Donnell): Died in Education
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6470
2025-2026 Regular Sessions
IN ASSEMBLY
March 5, 2025
___________
Introduced by M. of A. SIMONE, BICHOTTE HERMELYN, BORES, BRONSON,
CONRAD, DeSTEFANO, GIBBS, GLICK, HEVESI, HYNDMAN, JACKSON, KIM,
LAVINE, McDONOUGH, PAULIN, PHEFFER AMATO, RAGA, REYES, ROSENTHAL,
SAYEGH, SEAWRIGHT, SIMON, TAYLOR, WALSH, WEPRIN -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to enacting the "nonpub-
lic dignity for all students act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 2-A to
2 read as follows:
3 ARTICLE 2-A
4 NONPUBLIC DIGNITY FOR ALL STUDENTS ACT
5 Section 19. Legislative intent.
6 20. Definitions.
7 21. Discrimination and harassment prohibited.
8 22. Protection of people who report harassment, bullying or
9 discrimination.
10 23. Severability and construction.
11 24. Constitutionality.
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 discrimination or
15 harassment including bullying, taunting or intimidation. It is hereby
16 declared to be the policy of the state to afford all students in nonpub-
17 lic schools an environment free of discrimination and harassment. The
18 purpose of this article is to foster civility in nonpublic schools and
19 to prevent and prohibit conduct which is inconsistent with a school's
20 educational mission.
21 § 20. Definitions. For the purposes of this article, the following
22 terms shall have the following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07739-01-5
A. 6470 2
1 1. "School property" shall mean in or within any building, structure,
2 athletic playing field, playground, parking lot, or land contained with-
3 in the real property boundary line of a nonpublic elementary or second-
4 ary school; or in or on a school bus, as defined in section one hundred
5 forty-two of the vehicle and traffic law.
6 2. "School function" shall mean a nonpublic school-sponsored extra-
7 curricular event or activity.
8 3. "Disability" shall mean disability as defined in subdivision twen-
9 ty-one of section two hundred ninety-two of the executive law.
10 4. "Employee" shall mean employee as defined in subdivision three of
11 section eleven hundred twenty-five of this chapter.
12 5. "Sexual orientation" shall mean actual or perceived heterosexuali-
13 ty, homosexuality or bisexuality.
14 6. "Gender" shall mean actual or perceived sex and shall include a
15 person's gender identity or expression.
16 7. "Harassment" and "bullying" shall mean the creation of a hostile
17 environment by conduct or by threats, intimidation or abuse, including
18 cyberbullying, that (a) has or would have the effect of unreasonably and
19 substantially interfering with a student's educational performance,
20 opportunities or benefits, or mental, emotional or physical well-being;
21 (b) reasonably causes or would reasonably be expected to cause a student
22 to fear for their physical safety; (c) reasonably causes or would
23 reasonably be expected to cause physical injury or emotional harm to a
24 student; or (d) occurs off school property and creates, or would fore-
25 seeably create, a risk of substantial disruption within the school envi-
26 ronment, where it is foreseeable that the conduct, threats, intimidation
27 or abuse might reach school property. Acts of harassment and bullying
28 shall include, but not be limited to, those acts based on a person's
29 actual or perceived race, color, weight, national origin, ethnic group,
30 religion, religious practice, disability, sexual orientation, gender or
31 sex. For the purposes of this definition the term "threats, intimidation
32 or abuse" shall include verbal and non-verbal actions. This subdivision
33 shall not apply to any course of instruction provided by a nonpublic
34 school.
35 8. "Cyberbullying" shall mean harassment or bullying as defined in
36 subdivision seven of this section, where such harassment or bullying
37 occurs through any form of electronic communication.
38 9. "Race" shall include traits historically associated with race,
39 including but not limited to, hair texture and protective hairstyles.
40 10. "Protective hairstyles" shall include, but not be limited to, such
41 hairstyles as braids, locks, and twists.
42 § 21. Discrimination and harassment prohibited. No student shall be
43 subjected to harassment or bullying by employees or students on school
44 property or at a school function; nor shall any student be subjected to
45 discrimination based on a person's actual or perceived race, color,
46 weight, national origin, ethnic group, religion, religious practice,
47 disability, sexual orientation, gender, or sex by school employees or
48 students on school property or at a school function. Nothing in this
49 section shall be construed to prohibit a denial of admission into, or
50 exclusion from, a course of instruction based on a person's gender that
51 would be permissible under title IX of the Education Amendments of 1972
52 (20 U.S.C. section 1681, et. seq.), or to prohibit, as discrimination
53 based on disability, actions that would be permissible under section 504
54 of the Rehabilitation Act of 1973. This section shall not apply to any
55 course of instruction provided by a nonpublic school.
A. 6470 3
1 § 22. Protection of people who report harassment, bullying or discrim-
2 ination. Any person having reasonable cause to suspect that a student
3 has been subjected to harassment, bullying or discrimination, by an
4 employee or student, on school grounds or at a school function, who,
5 acting reasonably and in good faith, reports such information to school
6 officials or to law enforcement authorities, or otherwise initiates,
7 testifies, participates or assists in any formal or informal proceedings
8 under this article, shall have immunity from any civil liability that
9 may arise from the making of such report or from initiating, testifying,
10 participating or assisting in such formal or informal proceedings, and
11 no nonpublic school or employee shall take, request or cause a retali-
12 atory action against any such person who, acting reasonably and in good
13 faith, either makes such a report or initiates, testifies, participates
14 or assists in such formal or informal proceedings.
15 § 23. Severability and construction. The provisions of this article
16 shall be severable, and if any court of competent jurisdiction declares
17 any phrase, clause, sentence or provision of this article to be invalid,
18 or its applicability to any government agency, person or circumstance is
19 declared invalid, the remainder of this article and its relevant appli-
20 cability shall not be affected. The provisions of this article shall be
21 liberally construed to give effect to the purposes thereof.
22 § 24. Constitutionality. Nothing in this article shall be construed to
23 abridge the rights of nonpublic school students or employees that are
24 protected by the first amendment to the constitution of the United
25 States.
26 § 2. This act shall take effect on the first of July next succeeding
27 the date on which it shall have become a law.
