New York Law School

Black, Low-Income and Special Needs Students Pushed Out through Suspensions and Arrests, NYCLU Analysis Finds

In 1954, the U.S. Supreme Court in Brown v. Board of Education held that equal access to public education is essential to the progress of a democratic nation. By law, race could no longer be used to exclude children from school. Brown’s promise of equal educational opportunity has never been fully realized in New York City. It continues to be impeded by harsh disciplinary and school safety policies that disproportionately exclude low-income students, black students, Latino students and students with disabilities from classrooms. As a result, these students are denied Brown’s guarantee of equal access to an education, adding to their greater risk of being pushed through the school-to-prison pipeline (STPP).

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The Community Safety Act

It can happen anywhere. Walking home from school. Walking to the grocery store. Walking to the subway. Thousands of New Yorkers are stopped and frisked by the New York City Police Department (NYPD) officers every year.  Stop-and-frisk consists of two separate acts with respective levels of legal justification.  When a police officer has reasonable suspicion that a person is committing, has committed, or is about to commit a crime, the officer may stop that person; however, in order to “frisk” or search that person, the officer must have reasonable suspicion that the person stopped has a deadly weapon or instrument.  Read more