S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5403
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Education
 
 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:

   Section 1.  Short title. This act shall be known and may be  cited  as
 the "Jack Reid Law: Protect All Students Act".
   § 2.  The education law is amended by adding a new article 2-A to read
 as follows:
                                 ARTICLE 2-A
                  JACK REID LAW: PROTECT ALL STUDENTS ACT
 SECTION 19. LEGISLATIVE INTENT.
         20. DEFINITIONS.
         21. BULLYING AND HARASSMENT PROHIBITED.
         22. APPLICABILITY.
         23. GRANT PROGRAM.
         24. SEVERABILITY AND CONSTRUCTION.
   § 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 HARASSMENT INCLUD-
 ING BULLYING, TAUNTING OR  INTIMIDATION.    RECENT  STUDIES  HAVE  SHOWN
 ALARMING  TRENDS  RELATED  TO BULLYING: FORTY PERCENT OF MIDDLE AND HIGH
 SCHOOL STUDENTS HAVE BEEN CYBERBULLIED IN THEIR  LIFETIME.  STUDY  AFTER
 STUDY DEMONSTRATES THAT BULLYING IMPACTS STUDENTS' ACADEMIC PERFORMANCE,
 RELATIONSHIPS, AND MENTAL AND PHYSICAL HEALTH.  IT IS HEREBY DECLARED TO
 BE  THE  POLICY OF THE STATE TO AFFORD ALL STUDENTS IN NONPUBLIC SCHOOLS
 AN ENVIRONMENT FREE OF BULLYING AND HARASSMENT.   THE  PURPOSE  OF  THIS
 ARTICLE  IS  TO  FOSTER CIVILITY IN NONPUBLIC SCHOOLS AND TO PREVENT AND
 PROHIBIT 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.
                                                            LBD07739-02-5
              

 A. 5403                             2
 
   §  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.  "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.  FOR PURPOSES OF THIS  DEFINITION,
 THE  TERM "THREATS, INTIMIDATION OR ABUSE" SHALL INCLUDE VERBAL AND NON-
 VERBAL ACTIONS.
   4. "CYBERBULLYING" SHALL MEAN HARASSMENT OR  BULLYING  AS  DEFINED  IN
 SUBDIVISION  THREE  OF  THIS  SECTION, WHERE SUCH HARASSMENT OR BULLYING
 OCCURS THROUGH ANY FORM OF ELECTRONIC COMMUNICATION, INCLUDING  IF  SUCH
 CONDUCT OCCURS OFF SCHOOL PROPERTY AGAINST ANOTHER SCHOOL STUDENT.
   5. "SCHOOL" SHALL MEAN ANY NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL.
   §  21.  BULLYING  AND  HARASSMENT PROHIBITED. 1.   NO STUDENT SHALL BE
 SUBJECTED TO HARASSMENT OR BULLYING, INCLUDING CYBERBULLYING,  BY  OTHER
 STUDENTS ON SCHOOL PROPERTY OR AT A SCHOOL FUNCTION.
   2.  UPON A REPORT OF BULLYING, HARASSMENT, OR RETALIATION, THE PRINCI-
 PAL OR HEAD OF SCHOOL, OR THE PRINCIPAL OR HEAD  OF  SCHOOL'S  DESIGNEE,
 MUST  INVESTIGATE  PROMPTLY,  COMMUNICATE THEIR FINDINGS WITH THE VICTIM
 AND TAKE IMMEDIATE STEPS AND APPROPRIATE FOLLOW-UP ACTION TO ENSURE THAT
 SUCH CONDUCT HAS STOPPED  AND  ENSURE  THE  SAFETY  OF  THE  STUDENT  OR
 STUDENTS  INCLUDING RETALIATION AGAINST ANY INDIVIDUAL WHO IN GOOD FAITH
 REPORTS SUCH BULLYING OR ASSISTS IN THE INVESTIGATION.
   3. EVERY SCHOOL, SUBJECT TO THIS SECTION, SHALL  ADOPT  A  WRITTEN  IN
 PLAIN-LANGUAGE  ANTI-BULLYING  AND  HARASSMENT  POLICY,  WHICH  MUST  BE
 PUBLISHED ON THE SCHOOL'S WEBSITE OR INTERNAL PARENT/STUDENT PORTAL  AND
 SHARED ANNUALLY WITH EMPLOYEES, PARENTS, AND STUDENTS. SUCH POLICY SHALL
 INCLUDE BUT NOT BE LIMITED TO INFORMATION ON HOW BULLYING AND HARASSMENT
 IS  DEFINED,  HOW  INCIDENTS  WILL  BE REPORTED, INVESTIGATED, AND DOCU-
 MENTED, AND AN AGE-APPROPRIATE PROCESS FOR NOTIFYING  THE  VICTIM  ABOUT
 THE FINAL OUTCOME OF THE INVESTIGATION.
   4.  SCHOOL EMPLOYEES WHO WITNESS BULLYING OR HARASSMENT, OR RECEIVE AN
 ORAL OR WRITTEN REPORT OF BULLYING OR HARASSMENT, SHALL PROMPTLY  NOTIFY
 THE  PRINCIPAL  OR HEAD OF SCHOOL OR THE PRINCIPAL'S OR HEAD OF SCHOOL'S
 DESIGNEE, ORALLY NOT LATER THAN ONE SCHOOL DAY AFTER SUCH SCHOOL EMPLOY-
 EE WITNESSES OR RECEIVES A REPORT OF BULLYING AND HARASSMENT,  AND  MUST
 FILE  A  WRITTEN  REPORT WITH THE PRINCIPAL OR HEAD OF SCHOOL'S DESIGNEE
 NOT LATER THAN TWO SCHOOL DAYS AFTER MAKING THE INITIAL ORAL REPORT.
   § 22. APPLICABILITY. 1. THIS SECTION SHALL NOT APPLY TO ACCUSATIONS OF
 BULLYING OR HARASSMENT MADE AGAINST A SCHOOL EMPLOYEE.
 A. 5403                             3
 
   2. NOTHING IN THIS SECTION IS INTENDED TO INFRINGE UPON ANY  RIGHT  TO
 EXERCISE FREE EXPRESSION OR THE FREE EXERCISE OF RELIGION OR RELIGIOUSLY
 BASED  VIEWS  PROTECTED  UNDER  THE FIRST AMENDMENT TO THE UNITED STATES
 CONSTITUTION OR UNDER ARTICLE I, SECTION EIGHT OF  THE  NEW  YORK  STATE
 CONSTITUTION.
   §  23.  GRANT  PROGRAM. THE DEPARTMENT SHALL ESTABLISH A JACK REID LAW
 COMPLIANCE GRANT PROGRAM TO ASSIST  NONPUBLIC  SCHOOLS  WITH  COMPLIANCE
 WITH  THIS  SECTION  OF LAW. SUCH PROGRAM SHALL PROVIDE ELIGIBLE SCHOOLS
 WITH A ONE-TIME GRANT TO BE USED TO HELP SUCH SCHOOLS COMPLY  WITH  THIS
 SECTION.    THE  DEPARTMENT  SHALL  DEVELOP  AN  APPLICATION PROCESS FOR
 SCHOOLS TO APPLY FOR FUNDS AS WELL AS PROGRAM GUIDELINES AND ELIGIBILITY
 CRITERIA. AT A MINIMUM THE PROGRAM SHALL ALLOW ELIGIBLE SCHOOLS TO APPLY
 FOR UP TO FIFTY THOUSAND DOLLARS IN FUNDING AND SUCH FUNDING MAY BE USED
 FOR, INCLUDING BUT NOT LIMITED TO, STAFF TRAINING, HIRING CONSULTANTS TO
 ASSIST WITH DEVELOPING A  SCHOOL'S  BULLYING  AND  HARASSMENT  POLICIES,
 IMPLEMENTING  STUDENT  FOCUSED  ANTI-BULLYING  PROGRAMS,  SUCH AS SOCIAL
 EMOTIONAL LEARNING CURRICULUM, CONDUCTING A SCHOOL CLIMATE  SURVEY,  AND
 OTHER USES AS DETERMINED BY THE DEPARTMENT.
   §  24.  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.
   § 3. This act shall take effect immediately.