BILL NUMBER: S4154
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the executive law, the civil rights law and the educa-
tion law, in relation to certain discriminatory practices; and to amend
the education law, in relation to the hiring and qualification of
professionals in education
 
PURPOSE:
This legislation expands discrimination protections under New York State
law and provides for greater transparency in the hiring process of
education professionals.
 
SUMMARY: :
Section 1. Short title.of the executive law by adding eleven new 32, and
33.
Section 2. Amends section 296 4 subdivisions 23, 24, 25, 26,27, 28, 29,
30, 31,by adding three new
Section 3. Amends section 292 11 subdivisions 42, 43 and 44.of the exec-
utive law
Section 4. Amends the education law by adding section 3009-a.
Section 5. Amends section 3009 of the education law by adding a new
subdivision 3.
Section 6. Amends the education law by adding section 3039.
Section 7. Amends paragraph (a) of subdivision I of section 296 of the
executive law, as separately amended by chapters 202 and 748 of the laws
of 2022.
Section 8. Amends subdivision 2 of section 40-c of the civil rights law,
as amended by chapter 8 of the laws of 2019.
Section 9. Amends section 40-d of the civil rights law, as amended by
chapter 191 of the laws of 1982.
Section 10. Amends subdivision 2-b of section 3813 of the education law,
as amended by chapter 474 of the laws of 1996.
Section 11. Amends the executive law by adding a new section 297-a.
Section 12. Amends the civil rights law by adding two new sections 49
and 49-a.
Section 13. Sets the effective date.
 
JUSTIFICATION:
New York's student population is vibrant and increasingly diverse,
however the composition of teachers has remained stagnant and overwhelm-
ingly white. According to the 2019 New York State Department of Educa-
tion Educator Diversity Report, students of color makeup 50 percent of
New York State's student population. Yet, 80 percent of New York's
teachers are white. This overwhelming disparity has tangible conse-
quences for students of color - Black students are 1.8 to 5.8 times more
likely to be suspended than white students in New York. A recent study
by Brown University found that students of color that share the same
race or ethnicity of their teacher are more likely to be held to higher
educational expectations and are less likely to be perceived as disrup-
tive, be absent from class, or be suspended from school.
The lack of teachers of color in the classroom creates a feedback loop
compounding this disparity, as students of color that receive less
support in the classroom or face implicit bias from teachers are less
likely to return to academia as a career. Further, a racially and
culturally diverse education workforce has demonstrated benefits for all
students to thrive. Through inaccessible and discriminatory hiring prac-
tices, New York State loses a multitude of vital perspectives in the
classroom and fails the students who make up the future of New York.
This legislation will ensure that New York's educator hiring practices
are fair, open, and inclusive through anti-discriminatory protections
and public postings for all positions. By giving teachers access to fair
hiring practices, students across New York State will benefit from a
diverse classroom.
 
RACIAL JUSTICE IMPACT:
Oftentimes, job opportunities are circulated among personal networks
which can lead to discrimination, as those who are not in those networks
are unaware of job opportunities. This bill will combat this issue by
requiring public school employment opportunities to be posted publicly,
allowing any qualified individual to apply, not just the well-connnect-
ed.
People of color face discrimination in the job application process and
in the workplace. This bill provides for greater protections from
discrimination in hiring as well as compensation. Disparate impact
protections are also added to ensure that these provisions are enforced
regardless of whether discrimination is intentional.
 
GENDER JUSTICE IMPACT:
A 2022 report published by the National Center for Education Statistics
shows that female educators and principals are paid less than their male
counterparts, even when controlling for variables such as school
location.
This bill adds discrimination protections for women, including transgen-
der women, and those who are nonbinany or gender nonconforming. Further
protections are added for those who have been victims of domestic
violence, which are overwhelmingly women.
 
PRIOR LEGISLATIVE HISTORY:
2022 REFERRED TO SENATE RULES
2021-22 referred to assembly governmental operations.
2021 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4154: 296 executive law, 292 executive law, 3009 education law, 296(1) executive law, 40-c civil rights law, 40-c(2) civil rights law, 40-d civil rights law, 3813 education law, 3813(2-b) education law