Wednesday, May 4, 2022

Governor Hochul Signs Legislation Eliminating Discriminatory Language from Parts of Education Law and Prohibiting Intimidation and Retaliation Against Students

female students

 Legislation (S.6744/A.7981) Removes Archaic Stigmatizing Term 'Incorrigible' to Protect Students     

Legislation (S.6529/A.9391) Prohibits Intimidation and Retaliation Against Students Who File Complaints Against Proprietary Schools     


 Governor Kathy Hochul today signed legislation to protect the rights of students in New York by eliminating a sexist and racist term from certain sections of education law. Legislation (S.6744/A.7981) is intended to address the stigma and historical racial bias of being labelled 'incorrigible' by removing the term from reference in education law. Additionally, Governor Hochul signed legislation (S.6529/A.9391), which explicitly prohibits discrimination, intimidation, and retaliation against proprietary school students who file a complaint or exercise their right of private action.

"It is essential that New York's educational institutions are places where all students, no matter how they look or express themselves, can pursue their fullest potential free from bias and intimidation," Governor Hochul said. "In New York, our diversity is our strength, and this legislation will help ensure that young women, especially young women of color, are not stigmatized by this outdated term and are protected from abuses of power."

Legislation (S.6744/A.7981) is intended to address the stigma of being labelled 'incorrigible' by removing the term from reference in education law. 'Incorrigible,' or 'incapable of being corrected, not reformable' as defined by Merriam-Webster, is a term that has historically been applied to girls of color for behavior that is not stereotypically feminine. This bill aims to right the historical wrongs of racial bias and discrimination that stemmed from use of the word by removing reference to the term "incorrigible" in education law.

Legislation (S.6529/A.9391) prohibits discrimination, intimidation, and retaliation against proprietary school students who file a complaint or exercise their right of private action against such schools. State law currently provides students with the right to file a written complaint against licensed private career school conduct with the State Education Department, as well as providing for a private right of action outside the Education Department's complaint procedure. However, the law does not provide any protections against retaliation for students in proprietary or for-profit colleges. By signing this bill, Governor Hochul has now expanded protections to students in these schools. Students will no longer have to be intimidated or threatened by unscrupulous school administrators or leadership for exercising their legal rights.

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