Relates to certain student organizations which are ineligible for funding

1 Co-sponsor

• Todd Kaminsky

Title of bill

An act to amend the education law, in relation to certain student organizations which are ineligible for funding

Purpose or general idea of bill

This bill would prohibit student organizations that participate in hate-speech, including advocating for the Boycott, Divestment and Sanctions (BDS) of Israel and American allied nations from receiving public funding.

Summary of specific provisions

Presently, section 139 - H of the state finance law prohibits the state of New York from participating in an international boycott against American allied nations. Section 6-114 of the Administrative code for the City of New York, provides a similar restriction from New York City.

This bill would extend these provisions, by adding a new section 355 of the state education law, a new section 6206 of the education law, and section 6306 of the education law to prohibit the state from providing public funding to student organizations that promote or engage in activities to boycott American allied nations.

More specifically, this bill would also expressly define the terms "Allied nation", "Boycott" and "Person". Allied nations under this bill (as specified by the United States Department of State) would include all NATO countries, Ireland, Israel, Japan, the Republic of Korea (South Korea), and all signatory countries of the Southeast Asia (1954) and Rio (1947) Treaties.

Justification

Current law recognizes that boycott behavior can seriously harm the state, its interests and its citizens. Such is why the state and City of New York are presently expressly prohibited from engaging in international boycotts.

Recent events have highlighted the need to extend current law to include Student organizations that receive public funding. Since the original law was enacted, a new movement has arisen, commonly known as BDS (Boycott, Divest and Sanctions), whereby questionably motivated extremists, engage in, and promote, discriminatory policy against American allied nations. This behavior not only hurts the state, its interests and its citizens, but seeks to advance anti-semitisic, anti-freedom and anti-capitalism principles.

Several other states, including Illinois, New Jersey and South Carolina, have also taken action to address this harmful activity. Like New York, they have extended their laws to prevent their states from becoming unwilling participants in these unseemly activities through the misguided actions of student organizations that receive public funding. Accordingly, like those other states, this bill would not abridge any element of free speech, but would merely prevent the state of New York from being dragged into a discriminatory agenda directed by those who seek to advance principles that are antithetical to our state, its constitution and its citizens.

Prior legislative history

This is a new bill.

Fiscal implications

None noted.

Effective date

This act would take effect immediately.