Gov. Andrew Cuomo last week signed legislation extending the scope of the New York State Human Rights Law to cover public schools. The measure also provides the NYS Division of Human Rights the ability to investigate reports of bullying, harassment or other forms of discrimination at public schools.
Extending anti-discrimination protections to public schools was included in the governor’s executive budget and was a key component of his “women’s agenda.”
“Every student has the right to pursue an education free from bullying, harassment and discrimination,” said Cuomo. “By signing this bill into law, we are building on New York’s legacy of equality and fairness and guaranteeing public school students get the protections they deserve.”
“No individual, especially our young people, should face discrimination in New York,” added Lt. Gov. Kathy Hochul. “Schools should be a safe space where students go to learn and prepare for the future, and we will not tolerate bullying or harassment. This legislation will extend anti-discrimination protections to public schools across the state to ensure everyone has access to a high-quality education and an inclusive learning environment.”
New York was the first state in the nation to enshrine its values of equality and fairness into statute as a Human Rights Law more than 70 years ago, affording every New Yorker “an equal opportunity to enjoy a full and productive life.” However, in a 2012 decision, the New York State Court of Appeals found that public schools were not covered as education institutions under the Human Rights Law, and the NYS Division of Human Rights lost its ability to investigate reports of bullying, harassment, or other forms of discrimination by public school students.
This decision was made even though the division had asserted jurisdiction over public schools for nearly three decades and was forced to dismiss more than 70 open complaints filed against public schools at the time. This legislation amends the Human Rights Law to protect all public school students and institutions from discrimination.
“Restoring the division’s jurisdiction over public schools ensures that all students are protected against bullying and discrimination under the NYS Human Rights Law,” said Division of Human Rights Commissioner Angela Fernandez. “As New York continues to lead the way in establishing equal rights for all, the Division of Human Rights will vigorously enforce this restoration of the law.”
State Sen. Shelley Mayer added: “New York State is taking an historic and necessary step ahead today as Gov. Cuomo signs this bill. Now all New York public school students will be protected under our strong human rights laws against bullying, discrimination or harassment. I thank the governor for extending these protections to all our students.”
Mayer also commented on the new law recently on WVOX 1460 AM radio. “Parents and students are worried about a lot of things these days, so hopefully this new law will give them something less to worry about,” she said.
