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.