A 5403: Prohibits discrimination against and harassment or bullying of students by other students on school property or at a school function; requires schools to investigate reports of bullying; requires schools to adopt a written, plain-language anti-bullying and harassment policy; requires school employees to report incidents of bullying or harassment.

  
  STATE OF NEW YORK ________________________________________________________________________ 5403 2025-2026 Regular Sessions  IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Jack Reid Law: Protect All Students Act". 3 § 2. The education law is amended by adding a new article 2-A to read 4 as follows: 5 ARTICLE 2-A 6 JACK REID LAW: PROTECT ALL STUDENTS ACT 7 Section 19. Legislative intent. 8 20. Definitions. 9 21. Bullying and harassment prohibited. 10 22. Applicability. 11 23. Grant program. 12 24. Severability and construction. 13 § 19. Legislative intent. The legislature finds that students' ability 14 to learn and to meet high academic standards, and a school's ability to 15 educate its students, are compromised by incidents of harassment includ- 16 ing bullying, taunting or intimidation. Recent studies have shown 17 alarming trends related to bullying: forty percent of middle and high 18 school students have been cyberbullied in their lifetime. Study after 19 study demonstrates that bullying impacts students' academic performance, 20 relationships, and mental and physical health. It is hereby declared to 21 be the policy of the state to afford all students in nonpublic schools 22 an environment free of bullying and harassment. The purpose of this 23 article is to foster civility in nonpublic schools and to prevent and 24 prohibit conduct which is inconsistent with a school's educational 25 mission. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07739-02-5 
 A. 5403 2 1 § 20. Definitions. For the purposes of this article, the following 2 terms shall have the following meanings: 3 1. "School property" shall mean in or within any building, structure, 4 athletic playing field, playground, parking lot, or land contained with- 5 in the real property boundary line of a nonpublic elementary or second- 6 ary school; or in or on a school bus, as defined in section one hundred 7 forty-two of the vehicle and traffic law. 8 2. "School function" shall mean a nonpublic school-sponsored extra- 9 curricular event or activity. 10 3. "Harassment" and "bullying" shall mean the creation of a hostile 11 environment by conduct or by threats, intimidation or abuse, including 12 cyberbullying, that (a) has or would have the effect of unreasonably and 13 substantially interfering with a student's educational performance, 14 opportunities or benefits, or mental, emotional or physical well-being; 15 (b) reasonably causes or would reasonably be expected to cause a student 16 to fear for their physical safety; (c) reasonably causes or would 17 reasonably be expected to cause physical injury or emotional harm to a 18 student; or (d) occurs off school property and creates, or would fore- 19 seeably create, a risk of substantial disruption within the school envi- 20 ronment, where it is foreseeable that the conduct, threats, intimidation 21 or abuse might reach school property. For purposes of this definition, 22 the term "threats, intimidation or abuse" shall include verbal and non- 23 verbal actions. 24 4. "Cyberbullying" shall mean harassment or bullying as defined in 25 subdivision three of this section, where such harassment or bullying 26 occurs through any form of electronic communication, including if such 27 conduct occurs off school property against another school student. 28 5. "School" shall mean any nonpublic elementary or secondary school. 29 § 21. Bullying and harassment prohibited. 1. No student shall be 30 subjected to harassment or bullying, including cyberbullying, by other 31 students on school property or at a school function. 32 2. Upon a report of bullying, harassment, or retaliation, the princi- 33 pal or head of school, or the principal or head of school's designee, 34 must investigate promptly, communicate their findings with the victim 35 and take immediate steps and appropriate follow-up action to ensure that 36 such conduct has stopped and ensure the safety of the student or 37 students including retaliation against any individual who in good faith 38 reports such bullying or assists in the investigation. 39 3. Every school, subject to this section, shall adopt a written in 40 plain-language anti-bullying and harassment policy, which must be 41 published on the school's website or internal parent/student portal and 42 shared annually with employees, parents, and students. Such policy shall 43 include but not be limited to information on how bullying and harassment 44 is defined, how incidents will be reported, investigated, and docu- 45 mented, and an age-appropriate process for notifying the victim about 46 the final outcome of the investigation. 47 4. School employees who witness bullying or harassment, or receive an 48 oral or written report of bullying or harassment, shall promptly notify 49 the principal or head of school or the principal's or head of school's 50 designee, orally not later than one school day after such school employ- 51 ee witnesses or receives a report of bullying and harassment, and must 52 file a written report with the principal or head of school's designee 53 not later than two school days after making the initial oral report. 54 § 22. Applicability. 1. This section shall not apply to accusations of 55 bullying or harassment made against a school employee. 
 A. 5403 3 1 2. Nothing in this section is intended to infringe upon any right to 2 exercise free expression or the free exercise of religion or religiously 3 based views protected under the First Amendment to the United States 4 Constitution or under Article I, section eight of the New York State 5 Constitution. 6 § 23. Grant program. The department shall establish a Jack Reid Law 7 Compliance Grant Program to assist nonpublic schools with compliance 8 with this section of law. Such program shall provide eligible schools 9 with a one-time grant to be used to help such schools comply with this 10 section. The department shall develop an application process for 11 schools to apply for funds as well as program guidelines and eligibility 12 criteria. At a minimum the program shall allow eligible schools to apply 13 for up to fifty thousand dollars in funding and such funding may be used 14 for, including but not limited to, staff training, hiring consultants to 15 assist with developing a school's bullying and harassment policies, 16 implementing student focused anti-bullying programs, such as social 17 emotional learning curriculum, conducting a school climate survey, and 18 other uses as determined by the department. 19 § 24. Severability and construction. The provisions of this article 20 shall be severable, and if any court of competent jurisdiction declares 21 any phrase, clause, sentence or provision of this article to be invalid, 22 or its applicability to any government agency, person or circumstance is 23 declared invalid, the remainder of this article and its relevant appli- 24 cability shall not be affected. The provisions of this article shall be 25 liberally construed to give effect to the purposes thereof. 26 § 3. This act shall take effect immediately.