NY State Senate Bill 2021-S8637A

Senate Bill S8637A

2021-2022 Legislative Session

Prohibits discrimination of students on school property or at a school function based on religious attire, clothing or facial hair

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.834
Apr 20, 2022	print number 8637a
Apr 20, 2022	amend (t) and recommit to education
Mar 23, 2022	referred to education

Votes

- Apr 26, 2022 - Education Committee Vote
  S8637A
  
  13
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Apr 26, 2022
      
      aye (13)
      
      Addabbo Jr.
      
      Brooks
      
      Griffo
      
      Jackson
      
      Liu
      
      Mannion
      
      Mayer
      
      Oberacker
      
      Reichlin-Melnick
      
      Ryan
      
      Stavisky
      
      Stec
      
      Tedisco
      
      aye wr (1)
      
      Weik
      
      excused (1)
      
      Brouk

Bill Amendments

Original

A (Active)

2021-S8637 - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §12, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4505

2021-S8637 - Summary

Prohibits discrimination of students on school property or at a school function based on religious attire, clothing or facial hair.

2021-S8637 - Sponsor Memo

                                 
BILL NUMBER: S8637

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting discrimi-
nation of students on school property or at a school function based on
religious attire

 
PURPOSE:

The intent of this legislation is to further protect the religious
rights of all New Yorker's, especially our youth. New York State is a
multi-cultural state made up of many religious denominations and we must
make every effort to pursue equal representation.

 
SUMMARY OF PROVISIONS:

Section 1. Section 11 of the education law is amended by adding a new
subdivision 11 to read; Religious attire shall mean any attire, cloth-
ing, or hairstyle or facial hairstyle worn in accordance with the
requirements of an individual's religion.

Section 2. Subdivision 1 of section 12 of the education law, as amended
by chapter 102 of the laws of 2012. No student shall be subjected to
harassment or bullying by employees or students on school property or at
a school function, nor shall any student be subjected to discrimination
based on a person's actual or perceived race, color, weight, national
origin, ethnic group, religion, religious practice, religious attire,
disability, sexual orientation, gender, or sex by school employees or
students on school property or at a school function. Nothing in this
subdivision shall be construed to prohibit a denial of admission into,
or exclusion from, a course of instruction based on a person's gender
that would be permissible under section thirty-two hundred one-a or
paragraph (a) of subdivision two of section twenty-eight hundred fifty-
four of this chapter and title IX of the Education Amendments of 1972,
or to prohibit, as discrimination based on disability, action that would
be permissible under section 504 of the Rehabilitation Act of 1973

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

This legislation is inspired by the recent story about Noor Alexandria
Abukaram who ran a personal-best time in a cross-country meet The
16-year-old Ohio high school student found out her race didn't count
after its completion. Abukaram was disqualified from her team's meet for
wearing a hijab while in the competition.  Current, NYS statute already
prohibits discrimination of students based on "religion" or "religious
practice" on school property or at school functions in section 12 of the
Education Law, which would include sporting events (the definition of
"school function" is in section 11). While religious attire would likely
be considered a religious practice, it needs to be added to current
statute to prevent any student in NYS from facing the type of discrimi-
nation faced by the Ohio student Noor Alexandria Abukaram. Why should
any student of any religious denomination have to sacrifice their reli-
gion and a part of who they are to do another thing that their very
passionate about

 
LEGISLATIVE HISTORY:

A. 8777 of 2019/2020 referred Committee to Assembly Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8637 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8637
 
                             I N  S E N A T E
 
                              March 23, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting  discrimi-
   nation of students on school property or at a school function based on
   religious attire
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11 of the education law is amended by adding a  new
 subdivision 11 to read as follows:
   11.  "RELIGIOUS  ATTIRE"  SHALL  MEAN ANY ATTIRE, CLOTHING, HAIRSTYLE,
 FACIAL HAIRSTYLE, OR HEAD COVERING WORN IN ACCORDANCE WITH THE  REQUIRE-
 MENTS OF AN INDIVIDUAL'S RELIGION.
   §  2.  Subdivision 1 of section 12 of the education law, as amended by
 chapter 102 of the laws of 2012, is amended to read as follows:
   1. No student shall be subjected to harassment or bullying by  employ-
 ees  or  students  on school property or at a school function; nor shall
 any student be subjected to discrimination based on a person's actual or
 perceived race, color, weight, national origin, ethnic group,  religion,
 religious  practice,  RELIGIOUS  ATTIRE, disability, sexual orientation,
 gender, or sex by school employees or students on school property or  at
 a  school  function.  Nothing  in this subdivision shall be construed to
 prohibit a denial of admission into, or  exclusion  from,  a  course  of
 instruction  based  on a person's gender that would be permissible under
 section thirty-two hundred one-a or paragraph (a) of subdivision two  of
 section  twenty-eight hundred fifty-four of this chapter and title IX of
 the Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.),  or
 to  prohibit,  as discrimination based on disability, actions that would
 be permissible under section 504 of the Rehabilitation Act of 1973.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06137-03-2

2021-S8637A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §12, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4505

2021-S8637A (ACTIVE) - Summary

Prohibits discrimination of students on school property or at a school function based on religious attire, clothing or facial hair.

2021-S8637A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8637A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting discrimi-
nation of students on school property or at a school function based on
religious attire, clothing or facial hair

 
PURPOSE:

The intent of this legislation is to further protect the religious
rights of all New Yorker's, especially our youth. New York State is a
multi-cultural state made up of many religious denominations and we must
make every effort to pursue equal representation.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law to add wearing of attire, clothing,
or facial hair in accordance with the requirements of his or her reli-
gion to the list a student shall be protected from discrimination
against on school property or at a school function.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

This legislation is inspired by the recent story about Noor Alexandria
Abukaram who ran a personal-best time in a cross-country meet. Abukaram
was disqualified from her team's meet for wearing a hijab while in the
competition. Current, NYS statute already prohibits discrimination of
students based on "religion" or "religious practice" on school property
or at school functions in section 12 of the Education Law, which would
include sporting events

(the definition of "school function" is in section 11). While religious
attire could possibly be considered a religious practice, it needs to be
added to current statute to prevent any student in New York from facing
the type of discrimination faced by the Ohio student Noor Alexandria
Abukaram.

 
LEGISLATIVE HISTORY:

A. 8777 of 2019/2020 referred Committee to Assembly Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8637A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8637--A
 
                             I N  S E N A T E
 
                              March 23, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the education law, in relation to prohibiting discrimi-
   nation of students on school property or at a school function based on
   religious attire, clothing or facial hair
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  12  of the education law, as
 amended by chapter 102 of the laws  of  2012,  is  amended  to  read  as
 follows:
   1.  No student shall be subjected to harassment or bullying by employ-
 ees or students on school property or at a school  function;  nor  shall
 any student be subjected to discrimination based on a person's actual or
 perceived  race,  color, weight, national origin, ethnic group, religion
 OR THE WEARING OF ANY ATTIRE, CLOTHING, OR  FACIAL  HAIR  IN  ACCORDANCE
 WITH  THE REQUIREMENTS OF HIS OR HER RELIGION, religious practice, disa-
 bility, sexual orientation,  gender,  or  sex  by  school  employees  or
 students  on  school  property  or at a school function. Nothing in this
 subdivision shall be construed to prohibit a denial of  admission  into,
 or  exclusion  from,  a course of instruction based on a person's gender
 that would be permissible under  section  thirty-two  hundred  one-a  or
 paragraph  (a) of subdivision two of section twenty-eight hundred fifty-
 four of this chapter and title IX of the Education  Amendments  of  1972
 (20  U.S.C.  section  1681, et. seq.), or to prohibit, as discrimination
 based on disability, actions that would be permissible under section 504
 of the Rehabilitation Act of 1973.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06137-04-2

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