On October 23, 2025, Governor Kathy Hochul signed into law the Jack Reid Law. Accordingly, New York independent schools will need to adhere to additional requirements as part of their effort to protect students from bullying and harassment.
What Does the Law Say?
The Jack Reid Law amends the New York Education Code to extend certain provisions of the existing Dignity for All Students Act to nonpublic schools. Specifically, the law provides that “no student shall be subjected to harassment or bullying, including cyberbullying, by other students on school property or at a school function,” defining “school” to be any nonpublic elementary or secondary school.
Under the new law, “harassment” and “bullying” are defined collectively to mean the “creation of a hostile environment by conduct, or by threats, intimidation, or abuse (both verbal and nonverbal), including cyberbullying, that:
- 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
- Reasonably causes or would reasonably be expected to cause a student to fear for their physical safety
- Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student or
- Occurs off school property and creates, or would foreseeably create, a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation, or abuse might reach school property
In other words, while the law prohibits harassment or bullying that occurs at school or during a school function, conduct that occurs off campus and away from school activities could also fall within the ambit of the Jack Reid Law and be subject to an independent school’s policies.
The Jack Reid Law also creates specific reporting obligations on the part of employees. School employees who receive reports of or witness harassment and bullying are required to make an oral report to the head of School within one (1) school day, and to follow up with a written report within two (2) school days of the oral report. Schools are then to investigate reports promptly, communicate findings with the victim, and take immediate and appropriate follow-up action to ensure the conduct has stopped and ensure the safety of students, including those who could be subject to retaliation.
What Should Independent Schools Do?
- Adopt a Policy and Review Existing Policies: To comply, each independent school must adopt a written, plain-language, and age-appropriate anti-bullying and harassment policy, which must be published on the school’s website or internal parent portal and shared annually with employees, parents, and students. The policy must include information about how bullying and harassment are defined and how incidents will be reported, investigated, and documented, and an age-appropriate process for notifying the victim of the final outcome of the investigation.
Schools would be wise to remember that the conduct prohibited by the Jack Reid Law may overlap with policies already in effect, such as those prohibiting sexual misconduct. Understanding where potential overlap exists, including where schools may have an obligation to investigate under both their existing policies and any newly adopted policy, will be important.
- Train Employees on Reporting: Understanding that employees have an obligation to report bullying or harassment to the head of school, it would be wise to ensure that employees are appropriately trained on their reporting obligation. Consider developing case studies as part of the training process, so that employees test their skills as schools begin to implement their new policies.
- Designate and Train Employees on Investigations: Depending on the circumstances, independent schools may decide to conduct investigations of bullying and harassment internally or seek to utilize a third party. If conducting investigations internally, it will be important to designate those employees who will conduct investigations and to ensure that they are trained on investigation protocols, in addition to developing an appropriate investigation plan. In designating employees, think about whether the employee will be considered objective and thorough by those involved. In that same vein, consider whether it would be more prudent to use a third party if, for example, there is a lack of internal bandwidth or expertise; a need for a greater perception of objectivity; and/or a desire to protect the investigation under attorney-client privilege.
- Develop Forms and Protocols for Reports and Investigations: Create internal forms and protocols for reports and investigations, including a standard form that employees will be expected to use when submitting their written reports. Consider also creating documentation to clearly track the following: when the oral report was received, and from whom; when the written report was received; when various steps in the investigation were conducted, including interviews with the students involved and collection of documents and other information; the findings of the investigation; when the findings were communicated—including to the victim; and the responsive measures the school implemented.
The Venable Independent School Law team is available to assist independent schools in ensuring they are in compliance with the Jack Reid Law.