Enacts the "Jack Reid Law: Protect All Students Act", the official text

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.