BILL NUMBER:S561A

TITLE OF BILL:  An act to amend the education law, in relation to
requiring a course of instruction in the awareness of hate crimes

PURPOSE OR GENERAL IDEA OF BILL:

To educate every child in New York State on the issue of hate crimes.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the Education Law by adding a new section 817.
Requires a course of instruction in the awareness of hate crimes. The
Commissioner would be directed to provide and proscribe a course of
instruction designed to increase awareness of hate crimes. Defines
hate crimes as those offenses which are committed based upon the race,
color, national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation of the victim.
Instruction will include examples of symbols and objects associated
with hate crimes and the events and historical significance
surrounding such symbols and objects. The instruction will also focus
on the moral aspects and legal implications of such offenses and
promote attitudes of tolerance and acceptance. Requires the board of
education, trustees, principal or other person in charge of every
private, public and parochial school in the state to arrange for
giving such course of instruction in every school under its or his or
              

her control or direction. Requires that such instruction shall be
given to all pupils in every school for a period of not less than
forty-five minutes in each month during which such school is in
session.

Section 2. Effective Date

EXISTING LAW:

None

JUSTIFICATION:

The recent prevalence of public hate crimes, including the hanging of
nooses, displays of swastikas, and cross burnings, has increased
awareness of continuing racial hatred in our nation. The cases
involving the "Jena 6" in Louisiana, where a noose was hung on an oak
tree outside a local high school, the hanging of a noose on the door
of Madonna Constantine, an African-American professor at Columbia
University, an assault at Gallaudet University where a student was
held down against his will and had swastikas and KKK drawn on his
body, and most recently, the burning of a cross on the property of a
black family in upstate New York, draw attention to a disturbing trend
that is occurring in America. While these are just a small sampling of
hate crimes, the FBI in a November 2007 report found that hate crimes
in America have increased by 8 percent over the last year. Police
across the country have reported that criminal incidents targeting
victims or property as a result of bias against a particular race,
religion, sexual orientation, ethnic or national origin or physical or
mental disability rose from 7,163 to 7,722 from 2007 to 2008. These


numbers prove that we need to pay greater attention to an alarming
trend that is contrary to the core values of America.

In response, this legislation would require the State to offer a
valuable course to increase awareness of hate crimes to every child in
New York State. It is important that schools teach core values of
tolerance, acceptance and understanding to its students in order to
prevent hate crimes. Educating children about the vile nature of hate
crimes will directly combat negative language and stereotypes that are
prevalent in our culture and the media. By educating our youth of the
implications and consequences of hate crimes, the children of New York
will better understand the differences in each citizen that make our
state unique.

PRIOR LEGISLATIVE HISTORY:

2013- S.561 - Referred to Education/A.3310 - Referred to Education
2012: S.269- Referred to Education/ A.4586 - Referred to Education
2011: S.269 - Defeated in Education/A.4586 - Referred to Education
2009-10: S.1985 - Referred to Education/A.3261 - Referred to Education
2008: A.9591 - Referred to Education

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the first of September next succeeding
the date on which it shall have become a law.