NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7400B
SPONSOR: Epstein TITLE OF BILL:
An act to amend the education law, in relation to implementing a
students' bill of rights for city university of New York institutions
PURPOSE:
This bill establishes a "Students' Bill of Rights" for CUNY institutions
to protect student expression, participation, and representation in
campus governance, fostering a more accountable and inclusive educa-
tional environment.
SUMMARY OF PROVISIONS:
Section 1 amends the education law by adding a new article 129-C. The
section outlines the implementation of a "Students' Bill of Rights" for
colleges and universities.
Institutions are required to adopt written rules to implement this '
section, amending their codes of conduct or similar policies, and to
provide copies of these rules to all enrolled students and post them on
their websites. The Bill of Rights includes provisions for student
communication, ensuring elected student leaders can message the student
body without prior restraint, student participation in conduct cases,
representation in policy-making bodies, and access to free speech spaces
on campus. It affirms student journalists' right to exercise free speech
and press in school-sponsored media, including determining content with-
out prior restraint, while also outlining the responsibilities of
student media advisors. It provides that the student body shall decide
how funds from student activity fees are allocated as long as such allo-
cation conforms with the student activity fee policies of the institu-
tion.
Additionally, it delineates expressions that are not protected under the
Bill of Rights, such as libelous or unlawful expressions. Finally, it
clarifies that political expressions by students in school-sponsored
media do not constitute public funding for political purposes.
Section 2 sets the effective date.
JUSTIFICATION:
The bill emphasizes the paramount importance of establishing a compre-
hensive framework for safeguarding students' rights and ensuring their
active participation within educational institutions. By mandating.
that each institution adopt written rules and amend its code of conduct,
the legislation seeks to create an environment that is transparent and
accountable, fostering a culture of respect and understanding among
students, faculty, and administration.
The requirement for institutions to provide copies of these rules to all
enrolled students highlights the commitment to informed consent and
engagement. It acknowledges that students must be aware of their rights
and the policies governing their conduct to fully participate in campus
life. This approach is crucial in creating a supportive educational
atmosphere where students feel empowered to voice their concerns and
advocate for their rights.
Furthermore, the establishment of a "Students' Bill of Rights" addresses
critical aspects of student life, including free expression and repre-
sentation. By allowing elected student leaders to communicate without
prior restraint, the legislation promotes an open dialogue on campus,
ensuring that diverse perspectives are heard and considered. This not
only enriches the educational experience but also prepares students for
civic engagement beyond their time in school.
The provisions regarding student participation in conduct cases and
policy-making bodies reflect a commitment to inclusivity and shared.
governance. By incorporating student voices into these processes, insti-
tutions can better understand the needs and concerns of their student
populations, leading to more effective policies and a stronger sense of
community.
Additionally, the emphasis on designated free speech spaces and
protections for student journalists reinforces the importance of free
expression as a cornerstone of academic freedom. This commitment to
protecting student media ensures that journalism can thrive in educa-
tional settings, allowing students to engage critically with the world
around them.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.
