What's happening
This bill expands the definition of "educational institution" and broadens anti-discrimination protections at such institutions in New York.
Why it matters
Expands which schools are covered. By broadening the definition of "educational institution," the bill ensures that anti-discrimination laws now apply to a wider range of schools, including not just public schools and universities, but also other educational agencies and certain private, non-sectarian institutions.
Strengthens anti-discrimination protections. The amended language makes it unlawful for any covered educational institution to deny access to facilities or allow harassment based on race, religion, disability, sexual orientation, gender identity or expression, and other protected characteristics, closing previous loopholes.
Impacts both students and applicants. Protections are explicitly extended not only to current students but also to applicants, meaning the admissions process and campus life must be free from discrimination and harassment across more institutions.
Limits exceptions. The only explicit exception retained is for single-sex institutions that admit only one gender, clarifying that all other covered schools must comply with the expanded anti-discrimination requirements.
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Who cares
Headline styles
Broaden Educational Institution Definition
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4684
2019-2020 Regular Sessions
IN SENATE
March 20, 2019
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to the definition of the term "educational institution" and unlawful discriminatory practices for educational institutions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 292 of the executive law is amended by adding a new subdivision 36 to read as follows:
36. The term "educational institution" shall mean:
(a) any school, as defined in subdivision e of section two-d of the education law;
(b) any other educational agency, as defined in subdivision c of section two-d of the education law;
(c) any public college or university; or
(d) 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.
§ 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows:
4. It shall be an unlawful discriminatory practice for 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] educational institution to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, gender identity or expression, military status, sex, age or marital status, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10514-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to the definition of the term "educational institution" and unlawful discrimi- natory practices for educational institutions
Purpose
To provide protections under the state human rights law in all educa- tional settings.
Summary of specific provisions
Section 1 amends section 292 of the executive law adding a new subdivi- sion 36 defining "educational institution"
Section 2 amends subdivision 4 of section 296 of the executive law clar- ifying language about the applicability of the human rights law.
Justification
Currently the state human rights law includes protections from discrimi- nation by "education corporations or associations." When the legislature enacted this law, it was intended to apply to all schools in the state, and for decades after the Human Rights Law's enactment, this was the case. In 2009, however, a court decision overturned decades of practice and policy.
The East Meadow Union Free School District had a policy which prohibited certain types of aid for disabled students. The student challenged the policy with the State Division of Human Rights. Though the Division ruled the district violated the student's rights guaranteed under law, on appeal, the Appellate Division ruled the law does not apply to school districts. In spite of the clear intention that these protections apply to public school students, the court ruled the Division did not have jurisdiction over complaints regarding public schools.
This bill clarifies the original intent of the law to ensure protections are provided for all students in the state.
Prior legislative history
New Bill
Fiscal implications
None to state
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.