Senate Bill S4544A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4544
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, ADDABBO, BAILEY, CLEARE, GIANARIS,
   GOUNARDES, JACKSON,  MARTINEZ,  MAYER,  STAVISKY  --  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  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07739-02-5
              

 S. 4544                             2
 
 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. "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.
 S. 4544                             3
 
   § 22. APPLICABILITY. 1. THIS SECTION SHALL NOT APPLY TO ACCUSATIONS OF
 BULLYING OR HARASSMENT MADE AGAINST A SCHOOL EMPLOYEE.
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4544--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  ADDABBO,  BAILEY, CLEARE, COMRIE,
   GIANARIS,  GOUNARDES,  JACKSON,  MARTINEZ,  MAYER,  C. RYAN,  SALAZAR,
   SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
   to be committed to the Committee on Education -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  reported favorably from said committee and committed to
   the Committee  on  Finance  --  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 "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 PREVENTION AND RESPONSE.
         22. APPLICABILITY.
         23. 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.  IT IS HEREBY DECLARED TO BE THE
 POLICY OF THE STATE TO AFFORD ALL STUDENTS IN NONPUBLIC SCHOOLS AN ENVI-
 RONMENT 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.
                                                            LBD07739-07-5
              

 S. 4544--B                          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.
   5. "SCHOOL" SHALL MEAN ANY NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL.
   § 21. BULLYING AND HARASSMENT PREVENTION AND RESPONSE. 1.  NO  STUDENT
 SHALL  BE  SUBJECTED TO HARASSMENT OR BULLYING, INCLUDING CYBERBULLYING,
 BY OTHER STUDENTS ON SCHOOL PROPERTY OR AT A SCHOOL FUNCTION.
   2.  EVERY SCHOOL, SUBJECT TO THIS SECTION, SHALL ADOPT  A  WRITTEN  IN
 PLAIN-LANGUAGE  AND AGE-APPROPRIATE 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 DOCUMENTED, AND AN AGE-APPROPRIATE PROCESS FOR NOTIFY-
 ING THE VICTIM ABOUT THE FINAL OUTCOME OF THE INVESTIGATION.
   3.  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.
   4. 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  REASONABLY
 CALCULATED  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.
   §  22.  APPLICABILITY. NOTHING IN THIS SECTION IS INTENDED TO INFRINGE
 UPON ANY RIGHT TO EXERCISE FREE EXPRESSION OR THE FREE EXERCISE OF RELI-
 GION OR RELIGIOUSLY BASED VIEWS PROTECTED UNDER THE FIRST  AMENDMENT  TO
 S. 4544--B                          3
 
 THE  UNITED  STATES  CONSTITUTION, SECTION EIGHT OF ARTICLE I OF THE NEW
 YORK STATE CONSTITUTION, SECTIONS THREE HUNDRED THIRTEEN AND  THIRTY-TWO
 HUNDRED  ONE  OF  THIS  CHAPTER,  AND  SUBDIVISION ELEVEN OF SECTION TWO
 HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   §  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.
   § 3. This act shall take effect immediately.