A01829 Summary:

BILL NOA01829B
 
SAME ASSAME AS S03180-A
 
SPONSORJean-Pierre
 
COSPNSRPaulin, Rosenthal L, Bronson, Kim, Simon, Pheffer Amato, Seawright, Gibbs, Bichotte Hermelyn, Ardila, Bores, Weprin, Hevesi, Jackson, Sayegh, Conrad, Taylor, Glick, Lavine, Reyes, DeStefano, McDonough, Simone, Raga, Hyndman, Walsh
 
MLTSPNSRDavila
 
Add Art 2-A §§19 - 24, Ed L
 
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.
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A01829 Actions:

BILL NOA01829B
 
01/23/2023referred to education
01/03/2024referred to education
05/17/2024amend (t) and recommit to education
05/17/2024print number 1829a
05/22/2024reported referred to codes
05/28/2024amend (t) and recommit to codes
05/28/2024print number 1829b
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A01829 Committee Votes:

EDUCATION Chair:Benedetto DATE:05/22/2024AYE/NAY:21/8 Action: Favorable refer to committee Codes
BenedettoAyeSmithNay
MagnarelliAyeWalshNay
PaulinAyeMcDonoughExcused
RamosAyeMikulinNay
KimAyeReillyNay
OtisAyeBrownNay
HyndmanAyeChangNay
BronsonAyeMcGowanNay
Jean-PierreAyePirozzoloNay
TaylorAye
Bichotte HermelAye
SayeghAye
ButtenschonAye
ConradAye
JacksonAye
MitaynesAye
SeptimoAye
De Los SantosAye
Pheffer AmatoExcused
GibbsAye
ArdilaAye
ClarkAye

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A01829 Floor Votes:

There are no votes for this bill in this legislative session.
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A01829 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1829--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by M. of A. JEAN-PIERRE, PAULIN, L. ROSENTHAL, BRONSON, KIM,
          SIMON, PHEFFER AMATO,  SEAWRIGHT,  GIBBS,  BICHOTTE HERMELYN,  ARDILA,
          BORES, WEPRIN, HEVESI, JACKSON, SAYEGH, CONRAD, TAYLOR, GLICK, LAVINE,
          REYES,  DeSTEFANO,  McDONOUGH,  SIMONE, RAGA, HYNDMAN, WALSH -- Multi-
          Sponsored by -- M. of A. DAVILA --  read  once  and  referred  to  the
          Committee on Education -- recommitted to the Committee on Education in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  and referred to the Committee on Codes -- 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  "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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD03000-09-4

        A. 1829--B                          2
 
     1  lic schools an environment free of discrimination and harassment.    The
     2  purpose  of  this article is to foster civility in nonpublic schools and
     3  to prevent and prohibit conduct which is inconsistent  with  a  school's
     4  educational mission.
     5    §  20.  Definitions.  For  the purposes of this article, the following
     6  terms shall have the following meanings:
     7    1. "School property" shall mean in or within any building,  structure,
     8  athletic playing field, playground, parking lot, or land contained with-
     9  in  the real property boundary line of a nonpublic elementary or second-
    10  ary school; or in or on a school bus, as defined in section one  hundred
    11  forty-two of the vehicle and traffic law.
    12    2.  "School  function"  shall mean a nonpublic school-sponsored extra-
    13  curricular event or activity.
    14    3. "Disability" shall mean disability as defined in subdivision  twen-
    15  ty-one of section two hundred ninety-two of the executive law.
    16    4.  "Employee"  shall mean employee as defined in subdivision three of
    17  section eleven hundred twenty-five of this chapter.
    18    5. "Sexual orientation" shall mean actual or perceived  heterosexuali-
    19  ty, homosexuality or bisexuality.
    20    6.  "Gender"  shall  mean  actual or perceived sex and shall include a
    21  person's gender identity or expression.
    22    7. "Harassment" and "bullying" shall mean the creation  of  a  hostile
    23  environment  by  conduct or by threats, intimidation or abuse, including
    24  cyberbullying, that (a) has or would have the effect of unreasonably and
    25  substantially interfering  with  a  student's  educational  performance,
    26  opportunities  or benefits, or mental, emotional or physical well-being;
    27  (b) reasonably causes or would reasonably be expected to cause a student
    28  to fear for their  physical  safety;  (c)  reasonably  causes  or  would
    29  reasonably  be  expected to cause physical injury or emotional harm to a
    30  student; or (d) occurs off school property and creates, or  would  fore-
    31  seeably create, a risk of substantial disruption within the school envi-
    32  ronment, where it is foreseeable that the conduct, threats, intimidation
    33  or  abuse  might  reach school property. Acts of harassment and bullying
    34  shall include, but not be limited to, those acts  based  on  a  person's
    35  actual  or perceived race, color, weight, national origin, ethnic group,
    36  religion, religious practice, disability, sexual orientation, gender  or
    37  sex. For the purposes of this definition the term "threats, intimidation
    38  or  abuse" shall include verbal and non-verbal actions. This subdivision
    39  shall not apply to any course of instruction  provided  by  a  nonpublic
    40  school.
    41    8.  "Cyberbullying"  shall  mean  harassment or bullying as defined in
    42  subdivision seven of this section, where  such  harassment  or  bullying
    43  occurs through any form of electronic communication.
    44    9.  "Race"  shall  include  traits  historically associated with race,
    45  including but not limited to, hair texture and protective hairstyles.
    46    10. "Protective hairstyles" shall include, but not be limited to, such
    47  hairstyles as braids, locks, and twists.
    48    § 21. Discrimination and harassment prohibited. No  student  shall  be
    49  subjected  to  harassment or bullying by employees or students on school
    50  property or at a school function; nor shall any student be subjected  to
    51  discrimination  based  on  a  person's  actual or perceived race, color,
    52  weight, national origin, ethnic  group,  religion,  religious  practice,
    53  disability,  sexual  orientation,  gender, or sex by school employees or
    54  students on school property or at a school  function.  Nothing  in  this
    55  section  shall  be  construed to prohibit a denial of admission into, or
    56  exclusion from, a course of instruction based on a person's gender  that

        A. 1829--B                          3
 
     1  would  be permissible under title IX of the Education Amendments of 1972
     2  (20 U.S.C.  section 1681, et. seq.), or to prohibit,  as  discrimination
     3  based on disability, actions that would be permissible under section 504
     4  of  the  Rehabilitation Act of 1973. This section shall not apply to any
     5  course of instruction provided by a nonpublic school.
     6    § 22. Protection of people who report harassment, bullying or discrim-
     7  ination. Any person having reasonable cause to suspect  that  a  student
     8  has  been  subjected  to  harassment,  bullying or discrimination, by an
     9  employee or student, on school grounds or at  a  school  function,  who,
    10  acting  reasonably and in good faith, reports such information to school
    11  officials or to law enforcement  authorities,  or  otherwise  initiates,
    12  testifies, participates or assists in any formal or informal proceedings
    13  under  this  article,  shall have immunity from any civil liability that
    14  may arise from the making of such report or from initiating, testifying,
    15  participating or assisting in such formal or informal  proceedings,  and
    16  no  nonpublic  school or employee shall take, request or cause a retali-
    17  atory action against any such person who, acting reasonably and in  good
    18  faith,  either makes such a report or initiates, testifies, participates
    19  or assists in such formal or informal proceedings.
    20    § 23. Severability and construction. The provisions  of  this  article
    21  shall  be severable, and if any court of competent jurisdiction declares
    22  any phrase, clause, sentence or provision of this article to be invalid,
    23  or its applicability to any government agency, person or circumstance is
    24  declared invalid, the remainder of this article and its relevant  appli-
    25  cability  shall not be affected. The provisions of this article shall be
    26  liberally construed to give effect to the purposes thereof.
    27    § 24. Constitutionality. Nothing in this article shall be construed to
    28  abridge the rights of nonpublic school students or  employees  that  are
    29  protected  by  the  first  amendment  to  the constitution of the United
    30  States.
    31    § 2. This act shall take effect on the first of July  next  succeeding
    32  the date on which it shall have become a law.
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