Prohibits institutions of higher education from participating in or providing funding to organizations that boycott academic institutions located in foreign countries

Summary of provisions

Section 1: Creates a new section 355-d of the Education Law to prohibit the State University of New York from allowing any state funds to be given or transferred in any way to any organization which as a matter of policy boycotts academic institutions in a foreign country. Such provisions shall not apply to boycotts against a foreign country that is defined under federal law as a State sponsor of terrorism, or the boycotts are related to a labor dispute or which protest the unlawful discriminatory practices as determined by New York State laws, rules or regulations.

Section 2: Amends section 6221 of the Education Law to state that the City University of New York is prohibited from allowing any state funds to be given or transferred in any way to any organization which as a matter of policy boycotts academic institutions in any foreign country. Such provisions shall not apply to boycotts against a foreign country that is defined under federal law as a State sponsor of terrorism, or if the boycotts are related to a labor dispute or which protest the unlawful discriminatory practices as determined by New York State laws, rules or regulations.

Section 3: Amends section 6304 of the Education Law to state that no community college may allow state funds to be in any way transferred to any organization which as a matter of policy boycotts academic institutions in any foreign country. The same exemptions apply as in bill section 1 and 2 above.

Section 4: Amends section 6401 of the Education Law to state that no institution of higher learning eligible for aid under this section of law may allow state funds to be in any way transferred to any organization which as a matter of policy boycotts academic institutions in any foreign country not defined under federal law as a State sponsor of terrorism, and with other exemptions relating to other violations of state law.

Section 5: Adds a new section 74-b to the Public Officers Law stating that no public officer of the state of New York shall become or continue to be a member of any organization that as a matter of policy boycotts academic institutions in any foreign country not defined under federal law as a State sponsor of terrorism, with exemptions relating to the state's law.

Section 6: Amends section 4 of the State Finance Law to state that no money shall be paid out from any fund under the management of the

State to any institution found to be in violation of the new sections of law laid out in sections 1 through 4 of this legislation.

Section 7: Adds section 139-1 to the State Finance Law to state that the state shall not enter into any contracts with any entity found to be in violation of the new sections of law laid out in sections 1 through 4 of this legislation.

Section 8: Adds section 8-c to the State Finance Law to state that the comptroller must, within thirty days of the effective date of the law, make a determination of which organizations are conducting a banned academic boycott and inform institutions of higher learning that they must be in compliance with the law and thirty days after that make a determination of whether institutions of higher learning covered under the new or amended sections of law laid out previously are in compliance with the law and declare those institutions out of compliance to be in violation of these sections of law.

Section 9: Adds a severability clause. Section 10: Immediate effective date. JUSTIFICATION: In December 2013 the American Studies Association joined the Association for Asian American Studies in instituting a boycott of Israeli academic institutions, supposedly as a means to protest Israeli actions that limit the academic freedoms available to Palestinians. This action has been roundly denounced by leading American scholars; The presidents of Harvard, Yale, Princeton, Brown, Cornell, Northwestern, New York University and the University of Chicago have all denounced the boycott as an attack on the very academic freedoms that the American Studies Association claims to be protecting. Four Universities, Brandeis, Penn State Harrisburg, Kenyon College, and Indiana University, have cancelled their institutional memberships of this group, which is the main source of funding for this organization, along with individual dues.

Attacks of academic freedom such as this undermine the very purpose of academia and higher learning. The people of the State of New York set aside billions each year to further the advancement of education by supporting a public university system and giving additional aide to community colleges and independent colleges and universities in New York and it is unacceptable that any such funding be diverted to organizations that undermine the advancement of scholarship by engaging in boycotts of other institutions of higher learning. No public funding should be made available to any organization that undermines academic freedom in this manner, nor should any public employees of the state be allowed to continue being members of such organization.

The legislation recognizes that there are some extraordinary circumstances in which foreign academic institutions might be actively endorsing or participating in activities that violate the conscience of our residents and it is drafted to limit any possible constraints on the ability of individuals to exercise their conscience.

Legislative history

This is a new bill

Fiscal implication

None

Effective date

Effective immediately