NY State Senate Bill 2023-S3180A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
May 28, 2024	amended on third reading (t) 3180a
Apr 18, 2024	advanced to third reading
Apr 17, 2024	2nd report cal.
Apr 16, 2024	1st report cal.824
Jan 03, 2024	referred to education
Jun 10, 2023	committed to rules
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1229
Jan 30, 2023	referred to education

Votes

- Apr 16, 2024 - Education Committee Vote
  S3180A
  
  Aye
  
  10
  
  Nay
  
  2
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Education Committee Vote: Apr 16, 2024
      
      aye (10)
      
      Addabbo Jr.
      
      Chu
      
      Cleare
      
      Jackson
      
      Liu
      
      Mannion
      
      Martinez
      
      Mayer
      
      Stavisky
      
      Tedisco
      
      nay (2)
      
      Felder
      
      Weber
      
      aye wr (3)
      
      Oberacker
      
      Stec
      
      Weik
  May 23, 2023 - Education Committee Vote
  S3180A
  
  Aye
  
  10
  
  Nay
  
  2
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Education Committee Vote: May 23, 2023
      
      aye (10)
      
      Addabbo Jr.
      
      Chu
      
      Cleare
      
      Jackson
      
      Liu
      
      Mannion
      
      Martinez
      
      Mayer
      
      Stavisky
      
      Tedisco
      
      nay (2)
      
      Felder
      
      Weber
      
      aye wr (3)
      
      Oberacker
      
      Stec
      
      Weik

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S3180 - Details

See Assembly Version of this Bill:: A1829
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add Art 2-A §§19 - 24, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6438
2019-2020: S3696
2021-2022: S722, A7399
2025-2026: S4544, A5403, A6470

2023-S3180 - Summary

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.

2023-S3180 - Sponsor Memo

                                 
BILL NUMBER: S3180

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the education law, in relation to including private,
religious or denominational educational institutions to the "dignity for
all students act"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would protect all elementary, middle school and high school
students in New York from harassment, bullying and discrimination by
extending the Dignity for All Students Act to private schools.

 
SUMMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would amend Education Law section 10 by deleting
the phrase in public schools" and the word "public" from the legislative
intent section of the Dignity for All Students Act ("Dignity"). Section
2 of the bill would amend Education Law section 11, subdivision 1, by
deleting the word "public" from the definition of school property.

Section 3 of the bill would amend Education Law section 17 by deleting
subdivision 1. Section 4 of the bill is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Tragedies involving the harassment, bullying and discrimination of
students are not limited to public schools, but the protections of the
Dignity for All Students Act are. Sadly, students at private schools,
including religious schools, can and have been bullied to the point of
such despair that they kill themselves. While such schools may choose to
adopt policies designed to prevent harassment, bullying and discrimi-
nation, they are not required to do so. This bill would apply Dignity's
protections to all students in all schools in New York, whether public
or private.

 
PRIOR LEGISLATIVE HISTORY:

S.0722 of 2021-2022 (Hoylman): Died in Education

A. 7399 of 2021-2022 (Jean-Pierre): Died in 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 to the state or local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S3180 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3180
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, ADDABBO, GOUNARDES, KENNEDY, MAYER --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  including  private,
   religious  or  denominational educational institutions to the "dignity
   for all students act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10 of the education law, as added by chapter 482 of
 the laws of 2010, is amended to read as follows:
   § 10. Legislative intent. The legislature finds that students' ability
 to  learn and to meet high academic standards, and a school's ability to
 educate its students, are compromised by incidents of discrimination  or
 harassment  including  bullying,  taunting or intimidation. It is hereby
 declared to be the policy of the state to afford all students [in public
 schools] an environment  free  of  discrimination  and  harassment.  The
 purpose of this article is to foster civility in [public] schools and to
 prevent  and  prohibit  conduct  which  is  inconsistent with a school's
 educational mission.
   § 2. Subdivision 1 of section 11 of the education  law,  as  added  by
 chapter 482 of the laws of 2010, is amended to read as follows:
   1.  "School property" shall mean in or within any building, structure,
 athletic playing field, playground, parking lot, or land contained with-
 in the real property boundary  line  of  [a  public]  AN  elementary  or
 secondary  school;  or  in or on a school bus, as defined in section one
 hundred forty-two of the vehicle and traffic law.
   § 3. Section 17 of the education law, as added by chapter 482  of  the
 laws of 2010, is amended to read as follows:
   § 17. Application. Nothing in this article shall[:
   1.  Apply  to  private, religious or denominational educational insti-
 tutions; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03000-01-3

 S. 3180                             2

   2. Preclude] PRECLUDE or limit any right or cause of  action  provided
 under any local, state or federal ordinance, law or regulation including
 but  not  limited to any remedies or rights available under the Individ-
 uals With Disabilities Education Act, Title VII of the Civil Rights  Law
 of  1964, section 504 of the Rehabilitation Act of 1973 or the Americans
 with Disabilities Act of 1990.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S3180A (ACTIVE) - Details

See Assembly Version of this Bill:: A1829
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add Art 2-A §§19 - 24, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6438
2019-2020: S3696
2021-2022: S722, A7399
2025-2026: S4544, A5403, A6470

2023-S3180A (ACTIVE) - Summary

2023-S3180A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3180A

SPONSOR: HOYLMAN-SIGAL
 
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:

This bill would protect all elementary, middle school and high school
students in New York from harassment, bullying and discrimination by
extending many of the protections of the Dignity for All Students Act to
nonpublic schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill creates a new Article 2A of the education law
entitled the "Nonpublic Dignity for All Students Act." Section 2 of the
bill is the effective date.

JUSTIFICATION:

Tragedies involving the harassment, bullying and discrimination of
students are not limited to public schools, but the protections of the
Dignity for All Students Act are. Sadly, students at private schools,
including religious schools, can and have been bullied to the point of
such despair that they kill themselves. While such schools may choose to
adopt policies designed to prevent harassment, bullying and discrimi-
nation, they are not required to do so. This bill would apply many of
Dignity's protections to all students in all schools in New York, wheth-
er public or private.

 
PRIOR LEGISLATIVE HISTORY:

S.0722 of 2021-2022 (Hoylman): Died in Education

A. 7399 of 2021-2022 (Jean-Pierre): Died in 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 to the state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law.

2023-S3180A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3180--A
     Cal. No. 824
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, ADDABBO, BAILEY, CHU, CLEARE, GIANAR-
   IS,  GOUNARDES,  JACKSON,  MARTINEZ, MAYER, STAVISKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education  --  recommitted to the Committee on Education in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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:
 
   Section 1. The education law is amended by adding a new article 2-A to
 read as follows:
                                 ARTICLE 2-A
                  NONPUBLIC DIGNITY FOR ALL STUDENTS ACT
 SECTION 19. LEGISLATIVE INTENT.
         20. DEFINITIONS.
         21. DISCRIMINATION AND HARASSMENT PROHIBITED.
         22. PROTECTION  OF  PEOPLE  WHO  REPORT  HARASSMENT, BULLYING OR
               DISCRIMINATION.
         23. SEVERABILITY AND CONSTRUCTION.
         24. CONSTITUTIONALITY.
   § 19. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT STUDENTS' ABILITY
 TO LEARN AND TO MEET HIGH ACADEMIC STANDARDS, AND A SCHOOL'S ABILITY  TO
 EDUCATE  ITS STUDENTS, ARE COMPROMISED BY INCIDENTS OF DISCRIMINATION OR
 HARASSMENT INCLUDING BULLYING, TAUNTING OR INTIMIDATION.  IT  IS  HEREBY
 DECLARED TO BE THE POLICY OF THE STATE TO AFFORD ALL STUDENTS IN NONPUB-
 LIC  SCHOOLS  AN ENVIRONMENT FREE OF DISCRIMINATION AND HARASSMENT.  THE
 PURPOSE OF THIS ARTICLE IS TO FOSTER CIVILITY IN NONPUBLIC  SCHOOLS  AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03000-08-4

 S. 3180--A                          2
 
 TO  PREVENT  AND  PROHIBIT CONDUCT WHICH IS INCONSISTENT WITH A SCHOOL'S
 EDUCATIONAL MISSION.
   §  20.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SCHOOL PROPERTY" SHALL MEAN IN OR WITHIN ANY BUILDING,  STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT, OR LAND CONTAINED WITH-
 IN  THE REAL PROPERTY BOUNDARY LINE OF A NONPUBLIC ELEMENTARY OR SECOND-
 ARY SCHOOL; OR IN OR ON A SCHOOL BUS, AS DEFINED IN SECTION ONE  HUNDRED
 FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
   2.  "SCHOOL  FUNCTION"  SHALL MEAN A NONPUBLIC SCHOOL-SPONSORED EXTRA-
 CURRICULAR EVENT OR ACTIVITY.
   3. "DISABILITY" SHALL MEAN DISABILITY AS DEFINED IN SUBDIVISION  TWEN-
 TY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   4.  "EMPLOYEE"  SHALL MEAN EMPLOYEE AS DEFINED IN SUBDIVISION THREE OF
 SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   5. "SEXUAL ORIENTATION" SHALL MEAN ACTUAL OR PERCEIVED  HETEROSEXUALI-
 TY, HOMOSEXUALITY OR BISEXUALITY.
   6.  "GENDER"  SHALL  MEAN  ACTUAL OR PERCEIVED SEX AND SHALL INCLUDE A
 PERSON'S GENDER IDENTITY OR EXPRESSION.
   7. "HARASSMENT" AND "BULLYING" SHALL MEAN THE CREATION  OF  A  HOSTILE
 ENVIRONMENT  BY  CONDUCT OR BY THREATS, INTIMIDATION OR ABUSE, INCLUDING
 CYBERBULLYING, THAT (A) HAS OR WOULD HAVE THE EFFECT OF UNREASONABLY AND
 SUBSTANTIALLY INTERFERING  WITH  A  STUDENT'S  EDUCATIONAL  PERFORMANCE,
 OPPORTUNITIES  OR BENEFITS, OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING;
 (B) REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO CAUSE A STUDENT
 TO FEAR FOR THEIR  PHYSICAL  SAFETY;  (C)  REASONABLY  CAUSES  OR  WOULD
 REASONABLY  BE  EXPECTED TO CAUSE PHYSICAL INJURY OR EMOTIONAL HARM TO A
 STUDENT; OR (D) OCCURS OFF SCHOOL PROPERTY AND CREATES, OR  WOULD  FORE-
 SEEABLY CREATE, A RISK OF SUBSTANTIAL DISRUPTION WITHIN THE SCHOOL ENVI-
 RONMENT, WHERE IT IS FORESEEABLE THAT THE CONDUCT, THREATS, INTIMIDATION
 OR  ABUSE  MIGHT  REACH SCHOOL PROPERTY. ACTS OF HARASSMENT AND BULLYING
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE ACTS  BASED  ON  A  PERSON'S
 ACTUAL  OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP,
 RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER  OR
 SEX. FOR THE PURPOSES OF THIS DEFINITION THE TERM "THREATS, INTIMIDATION
 OR  ABUSE" SHALL INCLUDE VERBAL AND NON-VERBAL ACTIONS. THIS SUBDIVISION
 SHALL NOT APPLY TO ANY COURSE OF INSTRUCTION  PROVIDED  BY  A  NONPUBLIC
 SCHOOL.
   8.  "CYBERBULLYING"  SHALL  MEAN  HARASSMENT OR BULLYING AS DEFINED IN
 SUBDIVISION SEVEN OF THIS SECTION, WHERE  SUCH  HARASSMENT  OR  BULLYING
 OCCURS THROUGH ANY FORM OF ELECTRONIC COMMUNICATION.
   9.  "RACE"  SHALL  INCLUDE  TRAITS  HISTORICALLY ASSOCIATED WITH RACE,
 INCLUDING BUT NOT LIMITED TO, HAIR TEXTURE AND PROTECTIVE HAIRSTYLES.
   10. "PROTECTIVE HAIRSTYLES" SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH
 HAIRSTYLES AS BRAIDS, LOCKS, AND TWISTS.
   § 21. DISCRIMINATION AND HARASSMENT PROHIBITED. NO  STUDENT  SHALL  BE
 SUBJECTED  TO  HARASSMENT OR BULLYING BY EMPLOYEES OR STUDENTS ON SCHOOL
 PROPERTY OR AT A SCHOOL FUNCTION; NOR SHALL ANY STUDENT BE SUBJECTED  TO
 DISCRIMINATION  BASED  ON  A  PERSON'S  ACTUAL OR PERCEIVED RACE, COLOR,
 WEIGHT, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELIGIOUS  PRACTICE,
 DISABILITY,  SEXUAL  ORIENTATION,  GENDER, OR SEX BY SCHOOL EMPLOYEES OR
 STUDENTS ON SCHOOL PROPERTY OR AT A SCHOOL  FUNCTION.  NOTHING  IN  THIS
 SECTION  SHALL  BE  CONSTRUED TO PROHIBIT A DENIAL OF ADMISSION INTO, OR
 EXCLUSION FROM, A COURSE OF INSTRUCTION BASED ON A PERSON'S GENDER  THAT
 WOULD  BE PERMISSIBLE UNDER TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
 (20 U.S.C.  SECTION 1681, ET. SEQ.), OR TO PROHIBIT,  AS  DISCRIMINATION
 S. 3180--A                          3
 
 BASED ON DISABILITY, ACTIONS THAT WOULD BE PERMISSIBLE UNDER SECTION 504
 OF  THE  REHABILITATION ACT OF 1973. THIS SECTION SHALL NOT APPLY TO ANY
 COURSE OF INSTRUCTION PROVIDED BY A NONPUBLIC SCHOOL.
   § 22. PROTECTION OF PEOPLE WHO REPORT HARASSMENT, BULLYING OR DISCRIM-
 INATION.  ANY  PERSON  HAVING REASONABLE CAUSE TO SUSPECT THAT A STUDENT
 HAS BEEN SUBJECTED TO HARASSMENT,  BULLYING  OR  DISCRIMINATION,  BY  AN
 EMPLOYEE  OR  STUDENT,  ON  SCHOOL GROUNDS OR AT A SCHOOL FUNCTION, WHO,
 ACTING REASONABLY AND IN GOOD FAITH, REPORTS SUCH INFORMATION TO  SCHOOL
 OFFICIALS  OR  TO  LAW  ENFORCEMENT AUTHORITIES, OR OTHERWISE INITIATES,
 TESTIFIES, PARTICIPATES OR ASSISTS IN ANY FORMAL OR INFORMAL PROCEEDINGS
 UNDER THIS ARTICLE, SHALL HAVE IMMUNITY FROM ANY  CIVIL  LIABILITY  THAT
 MAY ARISE FROM THE MAKING OF SUCH REPORT OR FROM INITIATING, TESTIFYING,
 PARTICIPATING  OR  ASSISTING IN SUCH FORMAL OR INFORMAL PROCEEDINGS, AND
 NO NONPUBLIC SCHOOL OR EMPLOYEE SHALL TAKE, REQUEST OR CAUSE  A  RETALI-
 ATORY  ACTION AGAINST ANY SUCH PERSON WHO, ACTING REASONABLY AND IN GOOD
 FAITH, EITHER MAKES SUCH A REPORT OR INITIATES, TESTIFIES,  PARTICIPATES
 OR ASSISTS IN SUCH FORMAL OR INFORMAL PROCEEDINGS.
   §  23.  SEVERABILITY  AND CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE
 SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION  DECLARES
 ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE TO BE INVALID,
 OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
 DECLARED  INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLI-
 CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL  BE
 LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
   § 24. CONSTITUTIONALITY. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
 ABRIDGE  THE  RIGHTS  OF NONPUBLIC SCHOOL STUDENTS OR EMPLOYEES THAT ARE
 PROTECTED BY THE FIRST AMENDMENT  TO  THE  CONSTITUTION  OF  THE  UNITED
 STATES.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.

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Senate Bill S3180A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Apr 16, 2024 - Education Committee Vote

Education Committee Vote: Apr 16, 2024

May 23, 2023 - Education Committee Vote

Education Committee Vote: May 23, 2023

Bill Amendments

co-Sponsors

2023-S3180 - Details

2023-S3180 - Summary

2023-S3180 - Sponsor Memo

2023-S3180 - Bill Text download pdf

co-Sponsors

2023-S3180A (ACTIVE) - Details

2023-S3180A (ACTIVE) - Summary

2023-S3180A (ACTIVE) - Sponsor Memo

2023-S3180A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S3180A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

2023-S3180 - Details

2023-S3180 - Summary

2023-S3180 - Sponsor Memo

2023-S3180 - Bill Text download pdf

co-Sponsors

2023-S3180A (ACTIVE) - Details

2023-S3180A (ACTIVE) - Summary

2023-S3180A (ACTIVE) - Sponsor Memo

2023-S3180A (ACTIVE) - Bill Text download pdf

Comments