S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7400
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend  the  education  law,  in  relation  to  implementing  a
   students'  bill  of  rights  for state university of New York and city
   university of New York institutions

   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 129-C
 to read as follows:
                               ARTICLE 129-C
    IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF A STUDENTS' BILL OF
                                  RIGHTS
 SECTION 6450. STUDENTS' BILL OF RIGHTS.
   § 6450. STUDENTS' BILL OF RIGHTS. 1. AS  USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "INSTITUTION"  SHALL  MEAN  ANY COLLEGE OR UNIVERSITY IN THE STATE
 UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK.
   B. "SCHOOL-SPONSORED MEDIA" MEANS ANY MATERIAL THAT IS PREPARED, WRIT-
 TEN, PUBLISHED, OR BROADCAST BY A STUDENT JOURNALIST AT AN  INSTITUTION,
 DISTRIBUTED  OR  GENERALLY MADE AVAILABLE TO MEMBERS OF THE STUDENT BODY
 OR THE PUBLIC. "SCHOOL-SPONSORED MEDIA" SHALL NOT INCLUDE MEDIA INTENDED
 FOR DISTRIBUTION OR TRANSMISSION SOLELY IN THE CLASSROOM  IN  WHICH  THE
 MEDIA IS PRODUCED.
   C. "STUDENT JOURNALIST" MEANS A STUDENT ENROLLED IN AN INSTITUTION WHO
 GATHERS,  COMPILES,  WRITES,  EDITS,  PHOTOGRAPHS,  RECORDS, OR PREPARES
 INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
   D. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
 DESIGNATED BY AN INSTITUTION TO SUPERVISE OR PROVIDE INSTRUCTION  RELAT-
 ING TO SCHOOL-SPONSORED MEDIA.
   2.  EVERY  INSTITUTION  SHALL  ADOPT  WRITTEN  RULES IMPLEMENTING THIS
 SECTION BY AMENDING ITS CODE OF CONDUCT OR OTHER COMPARABLE POLICIES.  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10141-04-5
              

 A. 7400                             2
 
 COPY OF SUCH RULES AND POLICIES SHALL BE PROVIDED BY EACH INSTITUTION TO
 ALL  STUDENTS  ENROLLED  IN  SAID  INSTITUTION USING A METHOD AND MANNER
 APPROPRIATE TO ITS INSTITUTIONAL CULTURE. EACH  INSTITUTION  SHALL  ALSO
 POST  SUCH  RULES  AND  POLICIES  ON ITS WEBSITE IN AN EASILY ACCESSIBLE
 MANNER TO THE PUBLIC.
   3.  EVERY  INSTITUTION  SHALL  ADOPT  AND  IMPLEMENT   THE   FOLLOWING
 "STUDENTS' BILL OF RIGHTS":
   A. (I) THE ELECTED STUDENT LEADER SHALL BE ABLE TO MESSAGE THE STUDENT
 BODY  THROUGH  E-MAIL,  OR A SUBSTANTIALLY EQUIVALENT SYSTEM UTILIZED BY
 THE INSTITUTION TO COMMUNICATE WITH  THE  STUDENT  BODY,  WITHOUT  PRIOR
 RESTRAINT  OF  MATERIAL INCLUDED IN SUCH MESSAGE OR COMMUNICATION EXCEPT
 FOR MATERIAL DESCRIBED IN SUBPARAGRAPH  (VI)  OF  PARAGRAPH  E  OF  THIS
 SUBDIVISION.
   (II)  NO  EXPRESSION  MADE  BY  AN  ELECTED  STUDENT  LEADER  WHICH IS
 PROTECTED BY THIS PARAGRAPH SHALL BE DEEMED TO BE AN EXPRESSION OF POLI-
 CY,  OPINION  OR  POSITION  OF  THE  INSTITUTION,  NOR  SHALL  ANY  SUCH
 EXPRESSION BE CONSIDERED TO BE AN ENDORSEMENT IN ANY WAY BY THE INSTITU-
 TION AND NO INSTITUTION, EMPLOYEE, PARENT, LEGAL GUARDIAN OR ADMINISTRA-
 TOR  OF  AN  INSTITUTION  SHALL  BE HELD LIABLE IN ANY CIVIL OR CRIMINAL
 ACTION FOR ANY EXPRESSION MADE BY AN ELECTED STUDENT LEADER,  EXCEPT  IN
 CASES  OF  WILLFUL OR WANTON MISCONDUCT. NOTHING IN THIS PARAGRAPH SHALL
 BE CONSTRUED TO CREATE ANY PRIVATE ACTION ON BEHALF OF A  STUDENT  OTHER
 THAN  TO  SEEK INJUNCTIVE RELIEF ALLOWING THE MESSAGING OR COMMUNICATION
 IN QUESTION.
   B. ALL STUDENT CONDUCT CASES SHALL HAVE STUDENT PARTICIPATION  ON  THE
 BODY JUDGING STUDENT CONDUCT.
   C.  ALL  INSTITUTION POLICY-MAKING BODIES SHALL HAVE STUDENT REPRESEN-
 TATION ON SUCH BODY IN POLICY-MAKING  ROLES  FOR  ANY  POLICY  AFFECTING
 STUDENTS.
   D.  ALL  STUDENTS  SHALL HAVE ACCESS TO DESIGNATED STUDENT FREE SPEECH
 SPACES ON CAMPUS.
   E. (I) A STUDENT JOURNALIST SHALL HAVE  THE  RIGHT  TO  EXERCISE  FREE
 SPEECH  AND  OF  THE PRESS IN INSTITUTION-SPONSORED MEDIA, REGARDLESS OF
 WHETHER THE MEDIA IS SUPPORTED FINANCIALLY BY THE INSTITUTION OR BY  USE
 OF  THE  FACILITIES  OF AN INSTITUTION OR PRODUCED IN CONJUNCTION WITH A
 CLASS IN WHICH THE STUDENT IS ENROLLED.
   (II) A STUDENT JOURNALIST SHALL BE  RESPONSIBLE  FOR  DETERMINING  THE
 NEWS, OPINION, AND FEATURE CONTENT OF SCHOOL-SPONSORED MEDIA.
   (III) THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFI-
 CIAL PUBLICATIONS OF AN INSTITUTION EXCEPT FOR THE MATERIAL DESCRIBED IN
 SUBPARAGRAPH (VI) OF THIS PARAGRAPH.
   (IV)  NO  STUDENT  MEDIA  ADVISOR  OR  EMPLOYEE  SHALL  BE  DISMISSED,
 SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED, OR OTHERWISE RETALIATED
 AGAINST SOLELY FOR ACTING TO PROTECT A  PUPIL  ENGAGED  IN  THE  CONDUCT
 AUTHORIZED UNDER THIS PARAGRAPH; AND FURTHER NO STUDENT MEDIA ADVISOR OR
 EMPLOYEE  SHALL BE DISMISSED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANS-
 FERRED OR OTHERWISE RETALIATED AGAINST SOLELY FOR AN ACTION,  UNDERTAKEN
 IN  GOOD  FAITH WITH THIS PARAGRAPH, WHICH RESULTS IN THE PROHIBITION OF
 THE PUBLICATION OF SPEECH PURSUANT TO THIS PARAGRAPH.
   (V) NOTHING IN THIS PARAGRAPH SHALL PRECLUDE A STUDENT  MEDIA  ADVISOR
 FROM  TEACHING  PROFESSIONAL  STANDARDS  OF  ENGLISH  AND  JOURNALISM TO
 STUDENT JOURNALISTS OR FROM GRADING THE  PERFORMANCE  OF  A  STUDENT  IN
 ACCORDANCE WITH SUCH STANDARDS.
   (VI)  NOTHING  IN  THIS  PARAGRAPH  SHALL IMPOSE A DUTY ON INSTITUTION
 ADMINISTRATORS TO REVIEW SCHOOL-SPONSORED MEDIA PRIOR TO PUBLICATION. TO
 THE EXTENT THAT AN INSTITUTION ADMINISTRATOR CHOOSES TO ENGAGE  IN  PRE-
 A. 7400                             3
 
 PUBLICATION  REVIEW,  THE  FOLLOWING  FORMS  OF  EXPRESSION SHALL NOT BE
 PROTECTED BY THIS ARTICLE:
   (1) EXPRESSION THAT IS LIBELOUS, SLANDEROUS OR OBSCENE;
   (2) EXPRESSION THAT CONSTITUTES AN UNWARRANTED INVASION OF PRIVACY;
   (3) EXPRESSION THAT VIOLATES FEDERAL OR STATE LAW; OR
   (4)  EXPRESSION  THAT INCITES STUDENTS TO COMMIT AN UNLAWFUL ACT WHERE
 SUCH UNLAWFUL ACT WOULD BE BOTH IMMINENT AND LIKELY TO OCCUR, TO VIOLATE
 THE POLICIES OF THE INSTITUTION,  OR  TO  MATERIALLY  AND  SUBSTANTIALLY
 DISRUPT THE ORDERLY OPERATION OF SUCH INSTITUTION.
   (VII) NO EXPRESSION MADE BY STUDENTS IN THE EXERCISE OF FREE SPEECH OR
 FREEDOM  OF  THE PRESS PROTECTED BY THIS PARAGRAPH SHALL BE DEEMED TO BE
 AN EXPRESSION OF POLICY, OPINION OR POSITION  OF  THE  INSTITUTION,  NOR
 SHALL  ANY SUCH EXPRESSION BE CONSIDERED TO BE AN ENDORSEMENT IN ANY WAY
 BY THE INSTITUTION AND NO INSTITUTION, STUDENT MEDIA ADVISOR,  EMPLOYEE,
 PARENT,  LEGAL GUARDIAN OR ADMINISTRATOR OF AN INSTITUTION SHALL BE HELD
 LIABLE IN ANY CIVIL OR  CRIMINAL  ACTION  FOR  ANY  EXPRESSION  MADE  OR
 PUBLISHED  BY STUDENTS, EXCEPT IN CASES OF WILLFUL OR WANTON MISCONDUCT.
 NOTHING IN THIS PARAGRAPH SHALL  BE  CONSTRUED  TO  CREATE  ANY  PRIVATE
 ACTION  ON  BEHALF  OF  A  STUDENT  OTHER THAN TO SEEK INJUNCTIVE RELIEF
 ALLOWING THE PUBLICATION OF THE SPEECH IN QUESTION.
   (VIII) POLITICAL EXPRESSION  BY  STUDENTS  IN  SCHOOL-SPONSORED  MEDIA
 SHALL NOT BE DEEMED THE USE OF PUBLIC FUNDS FOR POLITICAL PURPOSES.
   F.  THE ELECTED STUDENT GOVERNMENT SHALL DECIDE HOW FUNDS FROM STUDENT
 ACTIVITY FEES ARE ALLOCATED. WHERE  AN  INSTITUTION  DOES  NOT  HAVE  AN
 ELECTED  STUDENT GOVERNMENT, SUCH INSTITUTION SHALL DEVELOP A PROCESS TO
 ALLOW FOR THE STUDENT BODY TO DETERMINE HOW STUDENT  ACTIVITY  FEES  ARE
 ALLOCATED. AN INSTITUTION SHALL NOT BLOCK A STUDENT ACTIVITY FEE FUNDING
 ALLOCATION  DECISION  MADE  PURSUANT  TO  THIS PARAGRAPH AS LONG AS SUCH
 ALLOCATION CONFORMS WITH THE STUDENT ACTIVITY FEE POLICIES OF THE INSTI-
 TUTION.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.