New York Law Journal: Protect Public School Students

New York Law Journal: Protect Public School Students

"No one should underestimate the significance of excluding public school students from the HRL." [Human Rights Law]

Human rights division has no authority over public schools, state's top court rules | syracuse.com

Human rights division has no authority over public schools, state's top court rules | syracuse.com

However, "..., a plain language reading of the statute indicates that the Legislature intended to confer authority to SDHR over both public and private schools and the historical statutory analysis performed by the majority runs counter to the plain language of the statute," Ciparick wrote for the three-judge minority view.

"This language clearly indicates that 'every individual' - including every school age child - has a right to adequate education and that the SDHR has the authority, on behalf of 'every individual,' to prevent discrimination in 'educational institutions,'" Ciparick wrote. "The majority's limitation of the SDHR's jurisdiction to only private schools does little to promote the broad purpose of the Human Rights Law, which is to provide a bias free education for every individual."