S T A T E   O F   N E W   Y O R K
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                                   1137
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to the observance of  all
   religious holidays by institutions within the state university and the
   city  university  of  New York, and including the Asian Lunar New Year
   within the definition of such holidays
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 224-a of the education law is amended by adding a
 new subdivision 8 to read as follows:
   8. NOTWITHSTANDING THE DEFINITION OF "RELIGIOUS BELIEF" AS DEFINED  IN
 SUBDIVISION  SEVEN  OF  THIS  SECTION,  ANY  STUDENT THAT CELEBRATES THE
 CULTURAL OBSERVANCE OF THE ASIAN LUNAR NEW YEAR  SHALL  BE  EXCUSED  FOR
 THAT  CULTURAL  OBSERVANCE IN THE SAME MANNER AS STUDENTS EXCUSED DUE TO
 SUCH STUDENTS' RELIGIOUS BELIEFS PURSUANT TO THIS SECTION.
   § 2. The education law is amended by adding a new section 6235 to read
 as follows:
   § 6235. STUDENTS UNABLE BECAUSE OF RELIGIOUS BELIEFS  TO  REGISTER  OR
 ATTEND  CLASSES  ON CERTAIN DAYS. 1. NO PERSON SHALL BE EXPELLED FROM OR
 BE REFUSED ADMISSION AS A STUDENT TO AN INSTITUTION OF HIGHER  EDUCATION
 FOR THE REASON THAT HE OR SHE IS UNABLE, BECAUSE OF HIS OR HER RELIGIOUS
 BELIEFS, TO REGISTER OR ATTEND CLASSES OR TO PARTICIPATE IN ANY EXAMINA-
 TION, STUDY OR WORK REQUIREMENTS ON A PARTICULAR DAY OR DAYS.
   2.  ANY  STUDENT  IN AN INSTITUTION OF HIGHER EDUCATION WHO IS UNABLE,
 BECAUSE OF HIS OR HER RELIGIOUS BELIEFS, TO ATTEND CLASSES ON A  PARTIC-
 ULAR DAY OR DAYS SHALL, BECAUSE OF SUCH ABSENCE ON THE PARTICULAR DAY OR
 DAYS, BE EXCUSED FROM ANY EXAMINATION OR ANY STUDY OR WORK REQUIREMENTS.
   3.  IT  SHALL BE THE RESPONSIBILITY OF THE FACULTY AND OF THE ADMINIS-
 TRATIVE OFFICIALS OF EACH INSTITUTION OF HIGHER EDUCATION TO MAKE AVAIL-
 ABLE TO EACH STUDENT WHO IS ABSENT FROM SCHOOL, BECAUSE OF  HIS  OR  HER
 RELIGIOUS  BELIEFS, AN EQUIVALENT OPPORTUNITY TO REGISTER FOR CLASSES OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03406-01-1

 S. 1137                             2
 
 MAKE UP ANY EXAMINATION, STUDY OR WORK REQUIREMENTS WHICH HE OR SHE  MAY
 HAVE  MISSED  BECAUSE  OF SUCH ABSENCE ON ANY PARTICULAR DAY OR DAYS. NO
 FEES OF ANY KIND SHALL BE CHARGED BY THE INSTITUTION FOR  MAKING  AVAIL-
 ABLE TO THE SAID STUDENT SUCH EQUIVALENT OPPORTUNITY.
   4.  IF REGISTRATION, CLASSES, EXAMINATIONS, STUDY OR WORK REQUIREMENTS
 ARE HELD ON FRIDAY AFTER FOUR O'CLOCK  POST  MERIDIAN  OR  ON  SATURDAY,
 SIMILAR  OR  MAKEUP CLASSES, EXAMINATIONS, STUDY OR WORK REQUIREMENTS OR
 OPPORTUNITY TO REGISTER SHALL BE MADE AVAILABLE ON OTHER DAYS, WHERE  IT
 IS  POSSIBLE  AND PRACTICABLE TO DO SO. NO SPECIAL FEES SHALL BE CHARGED
 TO THE STUDENT FOR THESE CLASSES, EXAMINATIONS, STUDY OR  WORK  REQUIRE-
 MENTS OR REGISTRATION HELD ON OTHER DAYS.
   5.  IN  EFFECTUATING  THE  PROVISIONS OF THIS SECTION, IT SHALL BE THE
 DUTY OF THE FACULTY AND OF THE ADMINISTRATIVE OFFICIALS OF EACH INSTITU-
 TION OF HIGHER EDUCATION TO EXERCISE THE FULLEST MEASURE OF GOOD  FAITH.
 NO ADVERSE OR PREJUDICIAL EFFECTS SHALL RESULT TO ANY STUDENT BECAUSE OF
 HIS  OR  HER  AVAILING  HIMSELF  OR  HERSELF  OF  THE PROVISIONS OF THIS
 SECTION.
   6. ANY STUDENT, WHO IS AGGRIEVED BY THE ALLEGED FAILURE OF ANY FACULTY
 OR ADMINISTRATIVE OFFICIALS TO COMPLY IN GOOD FAITH WITH THE  PROVISIONS
 OF  THIS  SECTION, SHALL BE ENTITLED TO MAINTAIN AN ACTION OR PROCEEDING
 IN THE SUPREME COURT OF THE COUNTY IN WHICH SUCH INSTITUTION  OF  HIGHER
 EDUCATION IS LOCATED FOR THE ENFORCEMENT OF HIS OR HER RIGHTS UNDER THIS
 SECTION.
   7.  IT  SHALL BE THE RESPONSIBILITY OF THE ADMINISTRATIVE OFFICIALS OF
 EACH INSTITUTION OF HIGHER EDUCATION TO GIVE WRITTEN NOTICE TO  STUDENTS
 OF THEIR RIGHTS UNDER THIS SECTION, INFORMING THEM THAT EACH STUDENT WHO
 IS ABSENT FROM SCHOOL, BECAUSE OF HIS OR HER RELIGIOUS BELIEFS, SHALL BE
 GIVEN  AN  EQUIVALENT OPPORTUNITY TO REGISTER FOR CLASSES OR MAKE UP ANY
 EXAMINATION, STUDY OR WORK REQUIREMENTS WHICH HE OR SHE MAY HAVE  MISSED
 BECAUSE  OF  SUCH  ABSENCE ON ANY PARTICULAR DAY OR DAYS. NO FEES OF ANY
 KIND SHALL BE CHARGED BY THE INSTITUTION FOR MAKING  AVAILABLE  TO  SUCH
 STUDENT SUCH EQUIVALENT OPPORTUNITY.
   8. AS USED IN THIS SECTION, THE TERM "INSTITUTION OF HIGHER EDUCATION"
 SHALL  MEAN ANY INSTITUTION OF HIGHER EDUCATION, RECOGNIZED AND APPROVED
 BY THE BOARD OF TRUSTEES OF THE  CITY  UNIVERSITY  OF  NEW  YORK,  WHICH
 PROVIDES  A  COURSE OF STUDY LEADING TO THE GRANTING OF A POST-SECONDARY
 DEGREE OR DIPLOMA. SUCH TERM SHALL NOT INCLUDE ANY INSTITUTION WHICH  IS
 OPERATED,  SUPERVISED  OR  CONTROLLED  BY  A CHURCH OR BY A RELIGIOUS OR
 DENOMINATIONAL ORGANIZATION WHOSE EDUCATIONAL PROGRAMS  ARE  PRINCIPALLY
 DESIGNED  FOR THE PURPOSE OF TRAINING MINISTERS OR OTHER RELIGIOUS FUNC-
 TIONARIES OR FOR THE PURPOSE OF PROPAGATING RELIGIOUS DOCTRINES. AS USED
 IN THIS SECTION, THE TERM "RELIGIOUS BELIEF" SHALL MEAN BELIEFS  ASSOCI-
 ATED  WITH  ANY CORPORATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELI-
 GIOUS PURPOSES, WHICH  IS  NOT  DISQUALIFIED  FOR  TAX  EXEMPTION  UNDER
 SECTION 501 OF THE UNITED STATES CODE.
   9.  NOTWITHSTANDING THE DEFINITION OF "RELIGIOUS BELIEF" AS DEFINED IN
 SUBDIVISION EIGHT OF THIS  SECTION,  ANY  STUDENT  THAT  CELEBRATES  THE
 CULTURAL  OBSERVANCE  OF  THE  ASIAN LUNAR NEW YEAR SHALL BE EXCUSED FOR
 THAT CULTURAL OBSERVANCE IN THE SAME MANNER AS STUDENTS EXCUSED  DUE  TO
 SUCH STUDENTS' RELIGIOUS BELIEFS PURSUANT TO THIS SECTION.
   § 3. This act shall take effect immediately.