S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6470
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SIMONE,  BICHOTTE HERMELYN,  BORES, BRONSON,
   CONRAD,  DeSTEFANO,  GIBBS,  GLICK,  HEVESI,  HYNDMAN,  JACKSON,  KIM,
   LAVINE,  McDONOUGH,  PAULIN,  PHEFFER AMATO,  RAGA,  REYES, ROSENTHAL,
   SAYEGH, SEAWRIGHT, SIMON, TAYLOR,  WALSH,  WEPRIN  --  read  once  and
   referred to the Committee on Education

 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
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07739-01-5
              

 A. 6470                             2
 
   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
 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.
 A. 6470                             3
 
   § 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.