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Civil Liberties Union
The New York Civil Liberties Union and a coalition of New York City civic organizations commended Mayor Michael Bloomberg, schools Chancellor Joel Klein and the Department of Education for taking a strong stand today against harassment in New York City public schools. But while the new Chancellor’s Regulation on bias-based harassment, intimidation and bullying is a significant step, it falls short of full implementation of the Dignity in All Schools Act (DASA), a four-year old law passed by the City Council that the mayor has refused to enforce, despite his legal obligation to do so.
“We commend the Bloomberg administration for taking an important step forward in the effort to create a safe space for all students in our schools,” said Donna Lieberman, NYCLU executive director. “But Mayor Bloomberg and Chancellor Klein are legally obligated to enforce the law. It’s past time for New York City to finally enforce the Dignity in All Schools Act.”
Harassment in schools based on a student’s actual or perceived race, national origin, ethnic group, religion, sexual orientation, disability, sex, and gender identity and expression is an urgent issue:
“On-going, widespread harassment puts students in an atmosphere of fear which undermines their academic potential,” said NYCLU Organizer Erica Braudy. “It can lead them to skip school, engage in high-risk behaviors such as drug or alcohol abuse or even contemplate suicide.”
The City Council recognized the seriousness of the issue when it passed the Dignity in All Schools Act in June 2004 and then overcame a veto by Bloomberg to make it law in September 2004. The mayor, however, has never enforced DASA.
Today’s regulation is a positive step forward in meeting some of DASA’s crucial goals. It includes a system for bringing and investigating complaints of bias-based harassment; it requires distribution of information to parents and students annually on the prohibition of and complaint process regarding bias-based harassment; and it creates a standard form for reporting of incidents.
However, the new Chancellor’s Regulation falls short of full enforcement of the law:
The NYCLU and its coalition of partners also expressed concern that the regulation announced today did not allow for a public comment period, as required by both state and city law. The DOE should seek the advice of the public, including feedback from parents, students, civic organizations and elected officials, before issuing final regulations.
“This is even more important considering the subject area of this regulation,” said NYCLU Advocacy Director Udi Ofer. “Impacted communities should have been given an opportunity to provide their feedback on the regulation before it is made final. The mayor should follow city and state law and allow New Yorkers the chance to submit their comments on the regulation before making it final.”