NEW YORK

I. Background:

New York's sodomy law was held unconstitutional in 1980. In late 1993, the State Board of Regents postponed a vote on an AIDS education manual, which had already been delayed and revised, under right-wing pressure, to put more stress on abstinence as the best way to avoid contracting HIV. The issue was whether abstinence was stressed too much in the document, which was intended for distribution to schools across the state. Then State Education Commissioner Thomas Sobol defended the prominent role that abstinence had been given in this revision, stating "It has been the clear policy of the Board of Regents for some time now to stress abstinence foremost as the only surefire way of preventing the contraction of that disease." (Maybe Sobol's resignation after Pataki's election was not such a great loss?!?!?)

The regular state legislative session starts Jan-03; the legislature meets throughout the year.

http://www.state.ny.us/governor

II. Education Specific Information:

You may locate any school or school district in your state by going to the following search engine:

American School Directory

http://www.asd.com/

The State Department of Educations Web Pages are at http://www.nysed.gov/

http://www.nysed.gov/regents.html

Not state adoption. Local boards of education make text decisions. Curriculum adoption and implementations are also done locally. HOWEVER, the STATE education department DOES SET broad standards for public school students in seven basic disciplines. Since the standards are relatively broad, school districts, individual schools, and teachers exercise some discretion over what is taught. But there's a catch: Schools are assessed in part by how well the students perform on state competency tests. This helps encourage schools' adherence to state standards.

NYS has NOT been cooperative or forthcoming in providing answers to our several letters of inquiry. The impression given is (surprise!?) one of a huge bureaucracy with no one really in charge and no one caring very much about our issues or anything else.

State is trying to "improve education throughout the state through our 'New Compact for Learning' (1991, reprinted 1993 and still the current document being distributed by the state)." It calls for "collaboration on a broader scale than we have yet managed -- by parents, educators, State and local governments, COLLEGES, libraries, museums, SOCIAL-SERVICE RELATED AGENCIES, COMMUNITY GROUPS -- to bring together our collective energies in order to raise and educate our children better." [Capitalization emphasis added, and also below, to indicate language useful to education equity advocacy.]

You can get a free copy of the compact by writing to the state DOE at address shown below. As a result of this compact, a State Curriculum and Assessment Council and seven Curriculum and Assessment Committees have been functioning "to develop desired outcomes of elementary, middle, and secondary learning." The State Curriculum and Assessment Council has released reports on learning-centered curriculum (Oct. 1992) and RECOMMENDED OUTCOMES OF LEARNING (fall 1993) which we recommend you obtain. N.B. The state's educational bureaucracy is under serious assault by the right wing and the "budget-conscious" Republicans, who now control both the legislature and the state house. THEREFORE, everything is up for grabs and in transition. Nonetheless, one must find out the current documents and procedures, even if they are soon to change. For example, we understand that 1994 plans for "school-based planning and shared decisionmaking" which the Regents required each district to adopt and implement are still in effect. These plans call for PARENTS and teachers to participate with administrators and school board members in setting policy for local schools. This is a TERRIFIC opportunity to get PFLAG and LGBT parents involved!

PLEASE NOTE: THIS IS THE NEW YORK STATE EDUCATION DEPARTMENT'S nondiscrimination statement:

"The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender OR SEXUAL ORIENTATION in the educational programs and activities which it operates. Inquiries concerning this policy of equal opportunity and affirmative action should be referred to the Department's Affirmative Action officer, NYS Education Department, 89 Washington Ave. Albany NY 12234."

Subj: Re: Title IX and the NYS case
Date: 96-08-08 03:07:36 EDT
From: SARATOGANY@aol.com (John Meyers)

I recently had a lengthy telecon with Michael Moon, Director, Division of Civil Rights and Intercultural Relations, NYS Education Dept. (518) 474-5923.

***Mr. Moon stated to me that gay students are covered by Title IX, US Education ***Amendments, 1972. He explicitly mentioned that the Title covers gender and ***GENDER RELATED issues. [P.E.R.S.O.N. notes: TITLE IX is a FEDERAL law, so this applies to ALL STATES. For more information, see our Web Site at Resources, Legal; and the Bibliography (gender equity section) and National Resources Appendices and the introduction of the Organizing Handbook].

He subsequently sent me a packet that included Title IX together with SEXUAL HARASSMENT GUIDE IN THE SCHOOLS, A GUIDEBOOK. [ P.E.R.S.O.N. notes: all NYS LGBT education equity activists should CALL Mike Moon to request a copy of this guidebook. His contact info is shown below.]
However, the Guidebook itself does not contain the words SEXUAL ORIENTATION.
There is info about sexual harassment in the LOCKER ROOMS and about UNWELCOME BEHAVIOR of a SEXUAL NATURE, wherein is stated" Such conduct creates an intimidating, hostile, or offensive work or educational environment."

Hostile Environment is a well-established "term of art" in gender equity law.

Mr. Moon has a large resource of materials available, state, federal and private. fyi, Mike Moon, Sex Equity Specialist, NY State Dept of Ed, 518-474-5923.

The NYS Board of Regents governs the k-12 schools system. Current Regents' Chancellor is Carl Hayden. Regent R. Carlos Carballada of Rochester is pro-voucher.

Excerpts from "THE REGENTS (sic) BILL OF RIGHTS FOR CHILDREN":

3. All children have the right to a free, sound, basic education.
4. Each child has the right to an education appropriate for his or her individual needs.
5. All children have the right to an education which respects their culture, race, socioeconomic background, and the language of their home.
6. All children have the right to schools and educational programs which are effective.

9. ALL CHILDREN HAVE THE RIGHT TO PURSUE THEIR EDUCATIONWITHOUT FEAR.
10. ALL CHILDREN ARE ENTITLED TO AN EDUCATION WHICH INVOLVEDRESPONSIBILITIES AS WELL AS RIGHTS.

OTHER EXAMPLES OF OFFICIAL LANGUAGE WHICH PROVIDES THE BASISFOR ENTRY-LEVEL ADVOCACY RE LGBT INCLUSION (excerpts from "A New Compact for Learning"):

"Much of the cohesion and stability in our society derives from the work of the public school." (p.1)

"In 1984, after extensive consultation with people throughout the State, the Board of Regents published 10 broad goals which continue to define our purposes as we approach the next century. These Goals provide a broad and spacious view of life and learning. They call for INDIVIDUALS WHO HAVE DEVELOPED THEIR INTELLECTUAL, EMOTIONAL, and physical powers tO THE FULLEST; WHO ARE AWARE OF THEIR SITUATION INSOCIETY, IN THE ENVIRONMENT, AND IN HISTORY, AND ARE COMMITTED TO DEEPENING THAT AWARENESS; [...]; WHO HAVE ACQUIRED THE SKILLS, KNOWLEDGES,AND VALUES NEEDED FOR EFFECTIVE PARTICIPATION IN SOCIETY; WHO APPRECIATETHE ARTS through which we express and elevate the human condition; and WHO ARE PREPARED FOR LIFE IN A DIVERSE SOCIETY AND A MULTICULTURALWORLD." (pp. 2-3)

"WHEN CHILDREN ENTER SCHOOL, THEY BRING ALL OF THEIR PERSONAL AND COMMUNITYENVIRONMENT; WE CANNOT SEPARATE THE WAY A CHILD LIVES FROM THE WAY A CHILDLEARNS. If we want children to learn and develop well, the ENTIRE community-- parents, institutions of higher learning, other educational and cultural institutions, religious institutions, business, law enforcement agencies, VOLUNTEER AND CIVIC ORGANIZATIONS, SOCIAL SERVICE AND HEALTH AGENCIES--must be engaged in a partnership with the school." (p. 12)

"One of the principles of the Compact is 'provide the means.' Every child in New York State is entitled to the resources necessary to achieve State goals and desired learning outcomes. EVERY CHILD IS ENTITLED TO QUALIFIEDTEACHERS AND COUNSELORS, UP-TO-DATE TEXTBOOKS AND INSTRUCTIONAL MATERIALS, CONTEMPORARY LEARNING TECHNOLOGY, AND A SAFE, CLEAN LEARNING ENVIRONMENT." (p. 18)

THE REGENTS (sic) GOALS FOR ELEMENTARY, MIDDLE AND SECONDARYSCHOOL STUDENTS (Revised 1991. p. 20):

"4. Each student will acquire and be able to apply knowledge about political, economic, and social institutions and procedures in this country and other countries. Included are:

4.4 UNDERSTANDING OF THE INSTITUTION OF THE 'FAMILY,'RESPECT FOR ITS FUNCTION, DIVERSITY, AND VARIETYOF FORM, and the need to balance work and family in a bias-free democratic society.

4. EACH STUDENT WILL RESPECT AND PRACTIC BASIC CIVIC VALUES and acquire and use the skills, knowledges, understanding and attitudes necessary to participate in democratic self-government. Included are:

5.1 UNDERSTANDING AND ACCEPTANCE OF THE VALUES OFJUSTICE, HONESTY, SELF-DISCIPLINE, DUE PROCESS, EQUALITY,AND MAJORITY RULE WITH RESPECT FOR MINORITY RIGHTS.

6. EACH STUDENT WILL DEVELOP THE ABILITY TO UNDERSTAND, APPRECIATE, ANDCOOPERATE WITH PEOPLE OF DIFFERENT RACE, SEX, ABILITY, CULTURAL HERITAGE,NATIONAL ORIGIN, RELIGION, AND POLITICAL, ECONOMIC, AND SOCIAL BACKGROUND, AND TO UNDERSTAND AND APPRECIATE THEIR VALUES, BELIEFS,AND ATTITUDES.

9. EACH STUDENT WILL DEVELOP KNOWLEDGE, SKILLS, AND ATTITUDES WHICHWILL ENHANCE PERSONAL LIFE MANAGEMENT, PROMOTE POSITIVE PARENTINGSKILLS, AND ENABLE FUNCTIONING EFFECTIVELY IN A DEMOCRATIC SOCIETY. INCLUDED ARE;

9.1 SELF-ESTEEM.

9.2 ABILITY TO MAINTAIN PHYSICAL, MENTAL, AND EMOTIONALHEALTH.

9.3 UNDERSTANDING OF THE ILL EFFECTS OF ALCOHOL, TOBACCO,AND OTHER DRUGS AND OF OTHER PRACTICES DANGEROUS TO HEALTH.

9.4 BASIC SKILLS FOR LIVING, DECISION MAKING, PROBLEM SOLVING,AND MANAGING PERSONAL RESOURCES TO ATTAIN GOALS.

9.5 UNDERSTANDING OF THE MULTIPLE ROLES ADULTS ASSUME, AND

THE RIGHTS AND RESPONSIBILITIES OF THOSE ROLES.

9.6. BASIC SKILLS FOR PARENTING AND CHILD DEVELOPMENT.

"Mission Statement

Our mission is to assure the provision of educational, cultural, professional, and vocational services of high quality to all New Yorkers, regardless of age, background, gender, or condition, in order to enable them to achieve their potential and to promote the intellectual, cultural, and economic well-being of the people.

In discharging this mission, we will be guided by the following values: [excerpted]

Our Clients Are All the People of New York State

The Regents' ultimate clients are all the people of New York State. We will work collaboratively with educational, cultural, professional, vocational, governmental and other institutions and organizations, but always to the end of assuring services of high quality to the people themselves.

Our Promise Is Access for All

All New Yorkers, regardless of age, background, gender, socioeconomic status, or other condition will have equitable access to the educational, cultural, professional, and vocational services they need to live productive and fulfilling lives.

Our Watchword Is Integrity

As holders of the public trust, we will conduct business in a manner above reproach. We will respect and foster respect for the fundamental civic and ethical values of this democracy.

Our Strength Is Unity in Diversity

We will respect and foster respect for the geographic, religious, cultural, and ethnic difference of this great State, and we will nurture the ties that make us a single society sharing a common destiny."

Recommendation: Find a friendly contact within this huge bureaucracy and get from her/him as much paper as you can on how the state k-12 system works. In New York, there are two people who might help you. Mike Moon, Sex Equity Specialist, NY State Dept of Ed, 518-474-5923 is very good and experienced re gender equity issues in the schools. Mary Ann Etu is also very good as the Vocational Equity Coordinator in the same agency. Her phone is 518-474-4809. They can provide lots of resources.

This is a state with STATEWIDE testing (grades 9 and up, called Regents' exams), so we KNOW that there MUST, after all, be SOME statewide curricular standards. Get copies of those standards documents for each subject area and scrutinize them for language which can be used to advocate for inclusion of LGBT information. Examples of such language would be discussion of diversity, of tolerance, of historical accuracy, of need for self-esteem or role models, any language purporting to declare the state's educational system as an inclusive one, etc. etc.

A Directory of Public and Non-Public Schools and Administrators for The State of New York can be found at

http://www.nysed.gov/admin/bedsdata.html

The data offered here is a subset of the annual BEDS data collection effort. The BEDS (Basic Educational Data System) Unit is a subdivision of the Elementary, Middle, Secondary and Continuing Education Division (EMSC) of the New York State Education Department.

III. Current Context (for more recent information, go to current action alerts at http://www.youth.org/loco/PERSONProject/Alerts/States/NewYork/list.html):

New York's relationship with its gay and lesbian citizens is as diverse as the state itself. NYS state currently has a total of thirty-four openly gay state officials, twenty-four of whom were elected. In January 1995 Attorney General Dennis Vacco removed sexual orientation from categories meriting protection against discrimination. This was followed up in February by State senate majority leader Joseph Bruno stating that he will not extend domestic partner benefits to senate employees. Starting to sound like Georgia?

We all probably remember the huge controversy in New York City in 1992-3 about the "Rainbow Curriculum," a comprehensive multicultural approach which then included discussion of sexual orientation. The radical religious right organized successfully to defeat this curriculum, in particular succeeding in forming alliances with conservative elements in communities of color. The city and state are still reeling in and dealing with the aftermath of this viciously divisive battle. For further information and a current situation report, contact the good folks at PACE (see below). Also, the NYC Board of Education can be reached at 110 Livingston St., phone= 718-935-3294, fax= 718-935-5402.

Out lesbian Brooklyn (NY) School Board member Jill Harris was re-elected in May of 1996.

IV. Resources:

ALLIES AND YOUTH RESOURCES

• Current List of PFLAG [Parents, Families and Friends of Lesbians and Gays] chapters

• Your states GLSEN [Gay Lesbian Straight Education Network] chapters can be found at

• FOR OTHER LGBT ALLIES go to this searchable database:

http://www.queeramerica.com/

V. USE OF MEDIA

There is much in this manual about how to access and utilize news media.

Why should you care about news media?

This is such a high profile issue that inevitably it becomes front page news, whether you wanted it to or not. You have to be ready to handle the media, and it is best to be proactive and put your side of the story out there first.

Get to know your area media people. Make sure you are always accessible to them. Make sure you provide them with accurate information. Be helpful to them, giving them story ideas and leads, background briefings, etc. Be persistent and polite. Remember, media are one of the most pervasive influences in our culture...they can make or break your efforts. Use them to teach the public at large, to organize, to develop allies.

Never let media inaccuracies go unaddressed...the slightest misuse of a word can change a whole story and, if let go, can ultimately ruin all your efforts.

We have provided statewide print media because the orientation of this manual is for systematic change at the statewide level in educational systems. Many smaller media outlets use wire service reports or stories from the major newspapers in their state or area. Thus, you will find that stories big and small bounce up and down the media ladder within a state. It is important to monitor media statewide, since stories, whether good or bad, spread in this multiplier fashion.

Even more important, from the standpoint of your being PROACTIVE, you will want to get the jump on the opposition by sending your releases out by fax and email to as many media as possible.

For important tips on using media and media skills, please refer to APPENDIX VI of our organizing handbook at

http://www.youth.org/loco/PERSONProject/Handbook/appendix6.html

For YOUR state's mainstream newspapers, go to

http://dir.yahoo.com/News_and_Media/Newspapers/By_Region/U_S__States/

For a searchable database for US local TV stations, go to

http://tv.zap2it.com/tveditorial/tve_main/1,1002,585|||,00.html

http://dir.yahoo.com/News_and_Media/Television/By_Region/U_S__States/

LGBT PRINT MEDIA

Erie Gay Community Newsletter (EGCN); Michael K. Mahler, PO Box 3063 Erie PA 16508-0063; Voice: 814-456-9833; Fax: 814-452-1392; e-mail: egcn@aol.com World Wide Web Page: http://www.eriegaynews.com/ "Covering News and Events in the Erie, Chautauqua County, Buffalo, Cleveland & Pittsburgh Areas"

Christopher Street (New York NY, phone= (212)627-2120 , fax= ( 212)727-9321

Empty Closet (Rochester NY), phone= (716)244-9030 , fax= ( 716)244-8246

In The Life (Yonkers NY), phone= (914)485-2675 x268

LGNY is a new lesbian and gay newspaper for New York (published by former publishers of OUTWEEK and QW), email= LGNY@aol.com. They are on-line with a new issue every other week.

QNews, Western NY's queer newspaper, is a publication of the Community Network of western NY. Publication date: second Friday of each month. Managing Editor: Connie Burns, email= ConnieBrns@aol.com

New York Native (New York NY), phone= (212)627-2120 , fax= 1 212)727-9321

NYQ (New York NY), fax= ( 212)979-0324

Out (New York NY), phone= (212)334-9119 , fax= ( 212)334-9227

Volume (Buffalo NY), phone= (716)652-1193 , fax= ( 716)655-0562

Return to the Handbook Table of Contents

Copyright 1995, The P.E.R.S.O.N. Project.