Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 30, 2025 |
referred to higher education |
Assembly Bill A3942
2025-2026 Legislative Session
Sponsored By
RAGA
Current Bill Status - In Assembly 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
Actions
2025-A3942 (ACTIVE) - Details
- Current Committee:
- Assembly Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Add §6438-d, Ed L
2025-A3942 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3942 2025-2026 Regular Sessions I N A S S E M B L Y January 30, 2025 ___________ Introduced by M. of A. RAGA -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to ensuring free speech on all college and university campuses within the state 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 section 6438-d to read as follows: § 6438-D. FREE SPEECH PROTECTIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD OF EVERY COLLEGE CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING A POLICY ON FREE SPEECH. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THAT SUCH COLLEGE SHALL NOT MAKE OR ENFORCE A RULE SUBJECTING A STUDENT TO DISCIPLINARY SANCTIONS SOLELY ON THE BASIS OF CONDUCT THAT IS SPEECH OR OTHER COMMUNICATION THAT, WHEN ENGAGED IN OUTSIDE THE CAMPUS OR FACILITY OF SUCH COLLEGE, IS PROTECTED FROM GOVERNMENTAL RESTRICTION BY THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION AND SECTION EIGHT OF ARTICLE ONE OF THE NEW YORK STATE CONSTITUTION. 2. THIS SECTION SHALL NOT: (A) APPLY TO A PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION THAT IS CONTROLLED BY A RELIGIOUS ORGANIZATION, TO THE EXTENT THAT THE APPLICA- TION OF THIS SECTION WOULD NOT BE CONSISTENT WITH THE RELIGIOUS TENETS OF THE ORGANIZATION. (B) AUTHORIZE THE PRIOR RESTRAINT OF STUDENT SPEECH. (C) PROHIBIT THE IMPOSITION OF DISCIPLINE FOR HARASSMENT, THREATS, OR INTIMIDATION, UNLESS CONSTITUTIONALLY PROTECTED. (D) PROHIBIT AN INSTITUTION FROM ADOPTING RULES, REGULATIONS, OR POLI- CIES THAT ARE DESIGNED TO PREVENT HATE FROM BEING DIRECTED AT STUDENTS IN A MANNER THAT DENIES THEM THEIR FULL PARTICIPATION IN THE EDUCATIONAL PROCESS, SO LONG AS THE RULES AND REGULATIONS CONFORM TO STANDARDS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05967-01-5
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