83 N.Y.2d 537 (1994)

Education Law § 2-a, designed to grant military recruiters equal access to schools, does not strip local school boards of their discretion to implement policies that uniformly bar all recruiters with stated discriminatory policies, even if the military is significantly impacted.

Summary

This case concerns a challenge to a Rochester City School Board policy that barred organizations with stated discriminatory policies from recruiting at schools, significantly impacting military recruiters due to the Department of Defense’s policy on homosexuality. The New York Court of Appeals reversed the lower courts, holding that Education Law § 2-a, which mandates equal access for military recruiters, does not prevent the school board from implementing a generally applicable policy against discriminatory recruiters. The court reasoned that “on the same basis” means equal, not unqualified, access, and that local school boards retain their traditional discretionary powers.

Facts

In December 1991, the Rochester City School District Board of Education adopted a resolution (Policy 91-92:519(6)) that prohibited any organization with a stated policy of discrimination based on race, color, religion, handicap, sex, creed, political beliefs, age, economic status, or sexual orientation from recruiting students in schools. This policy was largely aimed at the military’s policy regarding homosexuals, as stated in Department of Defense Directive 1332.14, which states that “homosexuality is incompatible with military service.”

Procedural History

Jean Lloyd, as the parent of a student, filed a lawsuit seeking to compel the school district to allow military recruiters access to schools. The Supreme Court granted the petition, finding that the school board’s policy violated Education Law § 2-a. The Appellate Division affirmed, adopting the Supreme Court’s reasoning. The New York Court of Appeals granted leave to appeal.

Issue(s)

1. Whether Education Law § 2-a mandates unqualified military access to school property, thereby negating the Rochester City School Board’s policy that restricts recruiters with stated discriminatory policies.

Holding

1. No, because Education Law § 2-a ensures equal access for military recruiters but does not strip local school boards of their discretionary power to adopt policies barring recruiters with discriminatory policies. The phrase “on the same basis” means equal access, not unqualified access.

Court’s Reasoning

The Court of Appeals reasoned that schools retain the authority to establish policies applicable to all organizations seeking access to school facilities on a uniform basis. Education Law § 2-a was enacted to protect equal access for military recruiters, not to grant them unqualified or preferential access. The Rochester policy bars access to all recruiters who fail to meet specified criteria tailored for the school system. The court noted, “[O]n the same basis” is a plain meaning phrase which, on its face, supports the conclusion we reach.” The court emphasized the importance of interpreting statutes in light of their plain meaning, referencing Matter of State of New York [Abrams] v Ford Motor Co., 74 N.Y.2d 495. Even if the phrase