New York

State constitutional guarantees regarding right to education

• New York Constitution Article XI, Section 1 establishes the legislature's obligation to maintain and support a system of free common schools for all children in the state.  

• The New York Court of Appeals has interpreted this statute to ensure that all children are provided the opportunity for a "sound basic education.” Bd. of Educ., Levittown Union Free Sch. Dist. v. Nyquist, 57 N.Y.2d 27, 47 (N.Y. Ct. App. 1982). ( In Bd. of Educ., Levittown Union Free Sch. Dist. v. Nyquist, 57 N.Y.2d 27, 47 (N.Y. Ct. App. 1982), the court stated, "[w]hat appears to have been contemplated when the education article was adopted at the 1894 Constitutional Convention was a State-wide system assuring minimal acceptable facilities and services in contrast to the unsystematized delivery of instruction then in existence within the State" (emphasis added). The court further interpreted the systems in place as required by the Constitution must at least make available “a sound basic education.” Id. at 48.) 

• The Court of Appeals has clarified that "[t]he New York Constitution “requires the State to offer all children the opportunity for a sound basic education ... to enable [them] to eventually function productively as civic participants capable of voting and serving on a jury.” Parents for Educ. & Religious Liberty in Sch. v. Young, No. 56, 2025 WL 1697944, at *1 (N.Y. Ct. App. June 18, 2025) (citations omitted). 

  • This also includes a meaningful high school education designed to prepare students for a meaningful civil participation in contemporary society. Maisto v. State, 196 A.D.3d 104, 111 (3d Dept. 2021). 

• Courts have further clarified the minimum standards of education to include:

  • access to minimally adequate physical facilities and classrooms with sufficient light, space, heat, and air to facilitate learning; 

  • access to minimally adequate instrumentalities of learning, such as desks, chairs, pencils, and reasonably current textbooks; and 

  • access to teaching of reasonably up-to-date basic curricula, including reading, writing, mathematics, science, and social studies, by adequately trained and sufficient personnel.  Id.

• The constitutional guarantee applies to all children, including those with disabilities, ensuring their right to a free education. Alban v. Nassau Cnty., 89 A.D.2d 340, 342, (1982), aff'd sub nom. Alban v. Cnty. of Nassau, 59 N.Y.2d 731 (1983).

• The constitution does not mandate any specific level or amount of state funding to achieve this goal. Aristy-Farer v. State, 29 N.Y.3d 501, 506 (N.Y. App. 2017).

State constitutional protections regarding non-discrimination and equity

• New York Constitution Article 1, Section 11 explicitly guarantees equal protection under the law and prohibits discrimination based on race, color, ethnicity, national origin, age, disability, creed, religion, sex, sexual orientation, gender identity, gender expression, pregnancy, and reproductive healthcare autonomy. This provision also allows for the adoption of laws and programs designed to prevent or dismantle discrimination, ensuring that anti-discrimination measures do not interfere with other civil rights. 

  • These protections apply to actions by the state and its agencies, subdivisions of the state, and any person, firm, corporation, or institution.

• New York courts have consistently interpreted the state constitution to provide robust protections against discrimination. For example, in Under 21, Catholic Home Bureau for Dependent Children v. City of New York, the court held that discrimination based on sexual orientation violates the equal protection guarantees of both the federal and state constitutions (Under 21, Catholic Home Bureau for Dependent Children v. City of New York, 126 Misc.2d 629 (1984)). Similarly, in Aliessa v. Whalen, the court found that denying Medicaid benefits to legal immigrants violated the equal protection clause of the New York Constitution, emphasizing the state's obligation to provide aid to the needy as a fundamental part of the social contract (Aliessa v. Whalen, 181 Misc.2d 334 (1999)). 

Other relevant state constitutional civil rights protections

• State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

• New York's Human Rights Law (codified in Executive Law §§ 290-299) prohibits discrimination in employment, housing, education, and public accommodations. It declares that the state has a responsibility to ensure equal opportunity for all individuals and to eliminate discrimination based on race, creed, color, national origin, sex, disability, and other protected characteristics. The law also establishes mechanisms for individuals to file complaints and seek remedies for unlawful discriminatory practices. 

  • The Human Rights Law provides a comprehensive framework for addressing discrimination. Individuals who experience discrimination can file complaints with the Division of Human Rights, which investigates and may hold hearings to determine whether unlawful practices occurred. Remedies may include compensatory damages, punitive damages, and injunctive relief to prevent future discrimination. 

  • New York State has affirmed its commitment to protecting immigrant communities from discrimination. Executive Order 8.170 emphasizes that the New York State Constitution and Human Rights Law protect individuals from discrimination based on national origin in areas such as education, employment, housing, and public accommodations. The order also underscores the state's responsibility to provide services equally and in compliance with civil rights laws. 9 NYCRR 8.170.

  • Title VI - New York State Human Rights Law (NYSHRL), Article 15: Prohibits discrimination based on race, creed, color, national origin, sex, marital status, age, disability, and sexual orientation in employment, education, and public accommodations. The law also broadly applies to educational institutions and covers most of the grounds in Title VI.

    • Recent Legislative Actions: New York also requires colleges and universities to appoint Title VI coordinators to ensure compliance

  • Title IX - New York Education Law Article 129-B, "Enough is Enough" (N.Y. Executive Law § 296(4); N.Y.C. Admin. Code § 8-107(4)): This statute goes beyond federal Title IX by requiring all colleges and universities in NY State to adopt comprehensive policies addressing sexual assault, harassment, and discrimination, with reporting and certification to the state. It covers requirements for policies, procedures, annual reporting, coordinator appointments, and more.

  • Title IX - NYC DOE Chancellor’s Regulations A-830, A-831, and A-832: Policies that mirror or supplement federal Title IX for New York City public schools

  • Section 504 (Rehabilitation Act of 1973) - New York State Human Rights Law, Article 15 (New York Education Law §§ 3201 and 3201-a): Prohibits discrimination based on disability in employment, education, and places of public accommodation, including educational institutions.

  • Section 504 (Rehabilitation Act of 1973) - Education Law Section 4400s: Provides for special education and accommodations at the state level.

  • Section 504 (Rehabilitation Act of 1973) - NYC DOE 504 Accommodation Processes: NY has local mandates (especially in public schools and charters) to ensure compliance with 504 for students needing accommodations or support for disabilities.

  • Section 504 (Rehabilitation Act of 1973) - Dignity for All Students Act (DASA) (DASA does not create a private right of action.) (N.Y. Education Law §§ 10–18): Aims to provide students with an educational environment free from harassment, bullying, and discrimination based on characteristics such as race, color, national origin, sex, and disability. 

  • EEOA - Substantial Equivalency Requirement: While NY lacks an EEOA-equivalent single statute, state education law requires that all nonpublic schools provide instruction "substantially equivalent" to that of public schools, ensuring access to core subjects and educational equity.

  • EEOA - Bilingual Education and ELL Services: New York regulations require school districts to provide bilingual/ESL services to English Language Learner students, paralleling the EEOA's mandate to overcome language barriers

  • EEOA – NY State Constitution, Article I, § 11: broad guarantee of equal protection

  • EEOA – NY State Constitution, Article I, § 1: a right to a "sound basic education."

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

• Public school officials are explicitly prohibited from refusing admission based on national origin or language ability (New York by Schneiderman v. Utica City School District, 177 F.Supp.3d 739 (2016)).

• New York State Constitution and Education Law § 3202 guarantee free public education to all students within the state, regardless of their immigration status (New York by Schneiderman v. Utica City School District, 177 F.Supp.3d 739 (2016)).

• Commissioner's Regulations Part 154 and Education Law §3204 require all public schools to provide appropriate bilingual education and English as a New Language (ENL) services to English Language Learners (ELLs) and Multilingual Learners (MLs), ensuring equal access to all academic programs and services.

• New York requires school districts to identify, serve, and track ELLs/MLs, including providing information to families in their home language, continuous eligibility for bilingual programs year-to-year, and targeted support for students with interrupted formal education.

• The New York State Language Access Law (effective July 2022) compels all state agencies interacting with the public—including those in the education sector—to provide oral interpretation services in any language and translate vital documents into the 12 most common non-English languages. Agencies may expand beyond those 12 languages based on community need.

• New York City’s Bill of Rights for Parents of ELLs further enumerates these rights, guaranteeing accessible information, continuous program placement, and family involvement in students’ education.

• Right to Free Public Education: Under New York law, every child aged 5–21 who resides in a district is entitled to attend public school regardless of immigration status or lack of documentation. This has been reinforced by guidance from the State Attorney General and the State Education Department, which reiterates prohibitions on collecting information about immigration status at enrollment.

• Safeguarding Student Information: School resource officers and staff are specifically guided not to question, report, or share a student’s or family member’s immigration status with immigration authorities except when legally required. They are barred from facilitating immigration enforcement on campus.

• Access to Financial Aid and Higher Education: The New York State DREAM Act allows eligible undocumented students (including DACA recipients) to access in-state tuition, state financial aid (including TAP grants), and participate in opportunity programs in New York’s public colleges and universities

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

Anti-discrimination protections under state human rights statutes

Private right of action provisions under state civil rights and human rights statutes

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

NYSHRL § 296(4) Disparate‑Impact Liability in Education:

• The Court left open whether § 296(4) covers disparate-impact claims in education.

• But under either intent-based or disparate‑impact framing, the plaintiffs’ pleadings failed due to lack of specifics—no individual plaintiffs, no identified screening mechanisms, no claim of predictive invalidity nor less discriminatory alternatives.

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

• Students who are directly affected by discrimination or a violation of rights in educational settings can file complaints themselves (including K-12 and higher education students). Parents and legal guardians also have the right to bring claims on behalf of their minor children. (How to Report Discrimination to DHR, Division of Human Rights, https://dhr.ny.gov/educational-institutions. See also “New York Human Rights Law Expanded to Cover Discrimination and Harassment Claims by Students Against Public Schol Districts and BOCES, Subhash  Viswanathan, August 2, 2019 (https://www.bsk.com/news-events-videos/new-york-human-rights-law-expanded-to-cover-discrimination-and-harassment-claims-by-students-against-public-school-districts-and-boces) (“[s]tudents may also bypass the administrative process and file complaints under the Human Rights Law directly in court”).)

• In some cases, advocacy organizations, parent groups, or even multiple affected parties (such as current or former students and parent groups) may initiate lawsuits. 

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

• Under New York Executive Law § 296(1)(e) and § 296(7), it is unlawful for an employer, labor organization, or employment agency to:

  • Discharge, demote, or otherwise discriminate against someone because they have:

    • Opposed practices forbidden by the NYSHRL,

    • Filed a complaint, testified, or assisted in any related proceeding under the law.

• The elements of a retaliation claim are:

  • The plaintiff engaged in a protected activity (complaining about discrimination or harassment; filing a complaint with the New York State Division of Human Rights, EEOC, or another agency; participating in an investigation or proceeding under the NYSHRL; or opposing a practice that is reasonably believed to be discriminatory (the complaint does not need to be formal and the belief of discrimination only needs to be good faith and reasonable));

  • The employer or defendant must have been aware of plaintiff’s participation in the protected activity;

  • The plaintiff must show that they suffered an adverse employment action, such as termination, demotion, or other actions that negatively affect their employment conditions

  • There must be a causal link between the protected activity and adverse employment action, indicating that the adverse action was taken in retaliation for the plaintiff’s. (Buchanan v. City of New York, 556 F.Supp.3d 346 (S.D.N.Y. 2021).)

• The NYSHRL retaliation claims are analyzed under the same framework as Title VII claims. This includes the requirement to establish a prima facie case of retaliation by demonstrating the above elements. (Bliss v. MXK Restaurant Corp., 220 F.Supp.3d 419 (S.D.N.Y. 2016))

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

• Under the NYSHRL, Administrative Complaints (with the NYS Division of Human Rights):

  • For all discrimination or retaliation claims arising on or after February 15, 2024, the statute of limitations is three years from the alleged incident. ( Changes at DHR & to the NYS Human Rights Law, NEW YORK DIVISION ON HUMAN RIGHTS, https://dhr.ny.gov/legalupdates.)

  • Sexual Harassment: This three-year period for filing sexual harassment complaints with the Division has been in effect since 2020. (Governor Hochul Announces New Statute of Limitations for unlawful Discrimination, New York Division On Human Rights, https://dhr.ny.gov/news/governor-hochul-announces-new-statute-limitations-unlawful-discrimination.)

  • Older incidents: For acts that occurred before February 15, 2024, most non-sexual harassment claims had a one-year deadline and sexual harassment still had a three-year limit. (Changes at DHR & to the NYS Human Rights Law, NEW YORK DIVISION ON HUMAN RIGHTS, https://dhr.ny.gov/legalupdates.)

• Under the NYSHRL, Court Complaints, for any discrimination or retaliation claims in court under the NYSHRL, the statute of limitations is three years from the date of the alleged discriminatory act. (Governor Hochul Announces New Statute of Limitations for Unlawful Discrimination, New York Division On Human Rights, https://dhr.ny.gov/news/governor-hochul-announces-new-statute-limitations-unlawful-discrimination.) 

• Education-Related Civil Rights Complaints (State and Federal Guidance)

  • Federal Office for Civil Rights (OCR) – Education Discrimination: Complaints with the U.S. Department of Education’s Office for Civil Rights (OCR) must be filed within 180 calendar days of the last act of discrimination. Extensions are possible under certain conditions. (How to File a Discrimination Complaint with OCR, U.S. Dep’t of Education, https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint/discrimination-form-us-department-of-education. )

  • Title IX (Sex Discrimination in Education — Typically Federally Filed): While Title IX is a federal statute and does not specify a limitations period, courts in New York generally apply the state’s three-year period for analogous civil rights or personal injury actions as the applicable statute of limitations for Title IX suits in court. There may be exceptions based on discovery of institutional involvement; the limitations period typically begins when one knows or should know of the school’s role in the injury. (Understanding the Title IX Statute of Limitations, Kaltman Law, https://www.kaltmanlaw.com/post/title-ix-statue-of-limitations.)

Are there areas where the state laws provide more protections than federal law? What are those areas? 

Yes, NYSHRL protects more categories than federal law. In addition to race, color, national origin, sex, disability, and religion (covered federally). NYSHRL covers both public and private nonreligious schools, while federal law generally applies to public schools or private schools that receive federal funds. (Education Discrimination, Office of the New York State Attorney General, https://ag.ny.gov/resources/individuals/civil-rights/education-discrimination.)