Senate Bill S8436

                                BILL NUMBER:S8436

TITLE OF BILL:

An act to amend the executive law and the education law, in relation
to prohibiting discrimination by educational institutions and
requiring that information on the school violence hotline shall be
posted in schools

PURPOSE OF BILL:

This bill would ensure that effective strategies are in place to
address discrimination in schools, by making clear that schools are
subject to the Human Rights Laws.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Executive Law § 292 to add a new
subdivision 35 to define "educational institution" as: (1) an
education corporation or association which holds itself out to the
public to be non-sectarian and exempt from taxation pursuant to the
provisions of article four of the real property tax law; or (2) any
public school, including any school district, board of cooperative
educational services (BOCES), public college, or public university.

Section 2 of the bill would amend Executive Law § 296(4) to clarify
              

that it is an unlawful discriminatory practice for any educational
institution, public as well as private, to deny the use of its
facilities to a student based on race, color, religion, disability,
national origin, sexual orientation, military status, sex age or
marital status.

Section 3 of the bill would add a new Education Law § 2801(4-a) to
require that a conspicuous notice be posted in each school that would
contain the email and telephone contact information for the school
violence hotline maintained by the State Education Department at the
New York State Center for School Safety, as well as the circumstances
under which and place where complaints may be filed with the Division
of Human Rights.

Section 4 of the bill would provide for an immediate effective date.

EXISTING LAW:

Executive Law § 296(4) provides that it is an unlawful discriminatory
practice for any "education corporation or association which holds
itself out to the public to be non-sectarian and exempt from taxation
pursuant to the provisions of article four of the real property tax
law" to deny the use of its facilities to a student based on race,
color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status.

For over twenty years, the Division of Human Rights (DHR) has
construed this provision to grant it jurisdiction over public school
districts. Recently, however, the Appellate Division, Second
Department, held that Executive Law § 296(4) does not provide DHR with


jurisdiction over public school districts. See East Meadow Union Free
School District v. N.Y.S. Division of Human Rights, 65 A.D.3d 1342 (2d
Dep't 2009), Iv.  denied, Motion No. 2010-307 (May 6, 2010).

STATEMENT IN SUPPORT:

The right to be free from discrimination by educational institutions
is set out as one of the purposes of Article 15 of the Executive Law
("Human Rights Law"), the oldest anti-discrimination law in the
country. Executive Law § 290(3) states:

The legislature hereby finds and declares that the state has the
responsibility to act to assure that every individual within this
state is afforded an equal opportunity to enjoy a full and productive
life and that the failure to provide such equal opportunity, whether
because of discrimination, prejudice, intolerance or inadequate
education, training, housing or health care not only threatens the
rights and proper privileges of its inhabitants but menaces the
institutions and foundation of a free democratic state and threatens
the peace, order, health, safety and general welfare of the state and
its inhabitants. A division in the executive department is hereby
created to encourage programs designed to...eliminate and prevent
discrimination in...educational institutions...; and the division
established hereunder is hereby given general jurisdiction and power
for such purposes.

Similarly, Executive Law § 291(2) recognizes that the "opportunity to
obtain education" without discrimination on all the bases covered by
the Human Rights Law is "recognized and declared to be a civil right."

In its recent holding that the DHR had no jurisdiction over Human
Rights Law violations occurring at public schools, the Appellate
Division relied solely on the language of Executive Law § 296(4),
without considering the principles set out in Executive Law §§ 290(3)
and 291(2). See East Meadow Union Free School District, 65 A.D.3d at
1343-44. However, the Human Rights Law's purpose of ensuring every
individual in the State an adequate education cannot be achieved
without holding public institutions accountable for discrimination.
Consistent with the broad principles and purposes of sections 290(3)
and 291(2), this bill would specifically overturn the East Meadow
Union Free School District decision by unambiguously providing that
access to public schools without unlawful discrimination is protected
under the education provisions of the Human Rights Law. This
clarification of the definition of covered entities under Human Rights
Law § 296(4) will ensure that the education provisions of the Human
Rights Law fulfill the intended purpose of the law.

Recent reports of suicides of school children who have been subjected
to bullying and cyber-bullying have made it clear that school
officials must be vigilant in their efforts to prevent these incidents
and to protect students who are subjected to bullying.  However, if a
person who is the subject of bullying feels that school officials are
unwilling or unable to prevent the bullying behavior, or if a person
is uncomfortable reporting to local officials that he or she is being
subjected to bullying, this bill makes available to the bullied person
information necessary to seek redress from State officials.  SED
already maintains a hotline through which students and parents can


seek assistance from the New York Center for School Safety. By
requiring that the hotline number be posted in each school, students
will be better able to access that State assistance.

Similarly, requiring the posting of information that may assist
students and parents to file Human Rights Law complaints will help to
prevent and resolve any unlawful discriminatory practices that may
occur on school property.

BUDGET IMPLICATIONS:

This bill would have no fiscal impact on the Division of Human Rights,
which has for over twenty years accepted and investigated complaints
against public educational institutions alleging discrimination in
education. It would have minimal State and local fiscal impacts.

EFFECTIVE DATE:

This bill would become effective immediately.