News from Attorney General Eric T. Schneiderman
FOR IMMEDIATE RELEASE
July 10, 2014
New York City Press Office / 212-416-8060
Albany Press Office / 518-473-5525
nyag.pressoffice@ag.ny.gov
Twitter: @AGSchneiderman
A.G. SCHNEIDERMAN ANNOUNCES
AGREEMENT ADDRESSING SCHOOL
DISCIPLINE ISSUES IN SYRACUSE
Agreement Will Ensure That All Students Have Equal Access To Educational
Opportunities In The Syracuse City School District
Schneiderman: My Office is Committed to Addressing the School-to-Prison Pipeline
Across Our State
SYRACUSE – Attorney General Eric T. Schneiderman announced today that his office
reached an agreement with the Syracuse City School District that will help reduce the
high use of exclusionary discipline in the district. The agreement will further the
commitment of both the Attorney General and the Syracuse City School District to
protect school safety, while ensuring that every student in Syracuse has access to a
quality educational environment.
“It is critical that every child in our state has access to a quality education, and the use of
zero-tolerance policies by school districts deprives them of that basic right,” Attorney
General Eric T. Schneiderman said. “My office is committed to protecting New
York’s students by ensuring that districts adopt proven disciplinary policies conducive to
a safe and effective learning environment. I applaud the Syracuse School District School
Board and Superintendent Sharon L. Contreras for taking steps that will help eliminate
the school-to-prison pipeline and expand the pathway to opportunity.”
Last year, the Attorney General’s Civil Rights Bureau began investigating the
disciplinary policies and practices of the Syracuse City School District. Specifically, the
bureau reviewed the district’s practices for compliance with Title VI of the Civil Rights
Act of 1964, which prohibits state and local government entities receiving federal
funding, such as school districts, from discriminating against their students on the basis
of race or national origin. Discrimination includes the use of school discipline in a
manner that treats similarly situated individuals differently on the basis of race. The
bureau also investigated the district’s compliance with the Individuals with Disabilities
Education Act (IDEA) and state education law, which provides students facing discipline
with certain procedural rights that must be respected.
The Attorney General’s investigation revealed that the district suspended 30% of its
students during the 2012-13 school year, giving it one of the highest rates of suspension
in the state and nation. A significant proportion of those suspensions were for nonviolent conduct. The Attorney General’s office also found that the district had a record of
suspending black students at twice the rate of white students. These disparities persisted
even when the conduct at issue was non-violent. The investigation revealed serious
procedural deficiencies in the district’s implementation of discipline. The district often
failed to provide adequate notice or convene adequate hearings for students facing
discipline. Finally, the Attorney General found that students with disabilities were often
disciplined for behavior that was directly related to their disability, in violation of
federal law.
Research has shown that suspensions have negative consequences for students,
decreasing student achievement and increasing the likelihood that a student will drop
out of school or enter the juvenile justice system, often called the school-to-prison
pipeline. Moreover, studies have shown that, contrary to popular belief, removing a
student from a classroom for disruptive conduct does not improve the performance of
the remaining students. Disciplinary alternatives to suspensions exist that better
address student misconduct and do so without the negative effects of suspensions.
Given the efficacy of these alternatives, most experts in the field agree that suspension
should only be utilized as a measure of last resort.
New York State Education Commissioner John B. King, Jr. said, "What
happened in Syracuse schools was deeply harmful to students and completely
unacceptable. But today, the Syracuse City School District is beginning the work to end
the harm, address racial inequalities and protect the rights of all students. The
agreement today sets an important precedent for districts across the state. The Board of
Regents and the Department will continue to work closely with Attorney General
Schneiderman to protect students' civil rights in every classroom in every school in New
York State."
“Today, we have come together to ensure that all of our students are provided with a
safe and supportive learning environment,” said Syracuse City School District
Superintendent Sharon Contreras. “We still have difficult work ahead in order to
implement appropriate disciplinary policies and practices. I look forward to working
with Attorney General Eric Schneiderman, his Civil Rights Bureau, our dedicated staff
and the entire community to provide our children with the highest quality educational
opportunities and schools of which we can all be proud.”
“Today’s announcement of the results of the Attorney General’s investigation help bring
closure to a difficult chapter for the Syracuse City School District. While challenges
continue, we are now able to move forward with a substantive plan for addressing
exclusionary discipline practices,” said Mayor Stephanie A. Miner. “I will continue
to work closely with the Superintendent, the Syracuse Teachers Association, parents,
and community leaders to foster an environment where teachers are treated respectfully
and students are treated fairly. I appreciate how everyone has worked together to help
address these issues and develop a plan to move forward. I extend my thanks to
Attorney General Schneiderman for his leadership and involvement.”
“As a community we must work together if we truly value education and value our
children. We must identify and implement better ways to support our students and our
teachers,” said Board of Education President Michelle Mignano. “The Board of
Education is committed to providing the best possible education for each of our
students. Our collaboration with the New York State Attorney General’s Office will help
us to strengthen our school discipline policies, promote safe schools and most
importantly, keep kids in school.”
Under the terms of the agreement, the District will commit itself to reducing its use of
exclusionary discipline against students. The district will:

retain an independent monitor to provide oversight during the agreement and
audit the district’s compliance with the agreement and with state and federal laws
periodically and report his or her findings to the Attorney General’s Office;

create plans for the adoption and implementation of preventative techniques at
its schools that will be aimed at encouraging students to avoid misbehavior;

amend its Code of Conduct to adopt or encourage the use of disciplinary
strategies that do not rely on exclusion as a form of discipline, except as a last
resort;

train its staff on these new preventative strategies, and on the new provisions of
the Code of Conduct;

designate an Ombudsman to help the district and individual schools comply with
the new Code of Conduct, and address school-level issues;

upgrade its data-keeping and analysis capabilities to ensure that it has the tools
necessary to identify issues in its discipline practices and act accordingly;

enter into a memorandum of understanding with any entity that supplies the
District with school safety officers that will provide policies governing officer’s
conduct and training for officers on interacting with children in a school
environment; and

implement new measures aimed at informing teachers, parents and students of
their rights, and protecting their voices in the formulation of the discipline
process.
This matter was handled by Assistant Attorney Generals Ajay Saini and Sandra Pullman,
and Civil Rights Bureau Chief Kristen Clarke. The Executive Deputy Attorney General of
Social Justice is Alvin Bragg.
Attorney General Schneiderman is committed to promoting access to equal educational
opportunities and combating discrimination for all New Yorkers. To file a civil rights
complaint, contact the Civil Rights Bureau of the Attorney General’s Office at (212) 4168250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.
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