S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2038
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to permitting students of
   SUNY, CUNY,  or  state-funded  institutions  of  higher  education  to
   observe certain holidays without facing academic repercussions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  224-b
 to read as follows:
   § 224-B. NO ACADEMIC REPERCUSSIONS FOR HOLIDAY OBSERVANCE. 1.  AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STATE  UNIVERSITY"  SHALL  MEAN THE STATE UNIVERSITY OF NEW YORK
 ESTABLISHED PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER.
   (B) "CITY UNIVERSITY" SHALL MEAN  THE  CITY  UNIVERSITY  OF  NEW  YORK
 ESTABLISHED PURSUANT TO ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   (C)  "PUBLICLY-FUNDED  INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY
 INSTITUTION OF HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE  REGENTS
 OF  THE  UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF
 STUDY LEADING TO THE GRANTING OF A  POST-SECONDARY  DEGREE  OR  DIPLOMA,
 WHICH RECEIVES PUBLIC FUNDS FROM THE STATE OF NEW YORK.
   (D)  "ACADEMIC  REPERCUSSIONS"  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
 PENALTIES FOR ABSENCE OR GRADE REDUCTIONS ON  ANY  ACADEMIC  ASSIGNMENT,
 PRESENTATION, QUIZ, EXAM, OR OTHER STUDY OR WORK REQUIREMENTS.
   2.  STUDENTS  ENROLLED  AT  ANY  STATE UNIVERSITY, CITY UNIVERSITY, OR
 PUBLICLY-FUNDED INSTITUTION OF HIGHER EDUCATION SHALL  BE  PERMITTED  TO
 OBSERVE ANY OF THE FOLLOWING HOLIDAYS WITHOUT BEING SUBJECTED TO ACADEM-
 IC  REPERCUSSIONS,  SO LONG AS SUCH STUDENT NOTIFIES, IN WRITING, HIS OR
 HER INSTRUCTOR OF SUCH STUDENT'S INTENTION TO OBSERVE  SUCH  HOLIDAY  AT
 LEAST THREE BUSINESS DAYS IN ADVANCE: THE THIRD MONDAY OF JANUARY, KNOWN
 AS  DR. MARTIN LUTHER KING, JR. DAY; THE THIRD MONDAY IN FEBRUARY, KNOWN
 AS WASHINGTON'S BIRTHDAY, OR PRESIDENT'S DAY; THE FRIDAY  OCCURRING  TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06699-01-3
              

 A. 2038                             2
 
 DAYS  BEFORE THE DATE OF THE FIRST SUNDAY ON OR FOLLOWING THE FIRST FULL
 MOON FOLLOWING THE TWENTY-FIRST OF MARCH,  KNOWN  AS  GOOD  FRIDAY;  THE
 FIFTEENTH DAY OF THE HEBREW MONTH OF NISAN, KNOWN AS THE PASSOVER SEDER,
 OR  THE  FIRST DAY OF PASSOVER; THE THIRD DAY OF JULY, THE DAY PRECEDING
 THE DAY KNOWN AS INDEPENDENCE DAY; THE SECOND MONDAY IN  OCTOBER,  KNOWN
 AS  INDIGENOUS PEOPLES' DAY, OR COLUMBUS DAY; THE ELEVENTH DAY OF NOVEM-
 BER, KNOWN AS VETERANS' DAY; THE TWENTY-FOURTH DAY OF DECEMBER, KNOWN AS
 CHRISTMAS EVE; THE TWENTY-SIXTH DAY OF  DECEMBER,  THE  DAY  IMMEDIATELY
 FOLLOWING  THE DAY KNOWN AS CHRISTMAS; THE THIRTY-FIRST DAY OF DECEMBER,
 THE DAY KNOWN AS NEW YEAR'S EVE; THE FIRST DAY OF THE NINTH MONTH OF THE
 ISLAMIC CALENDAR, KNOWN AS THE FIRST DAY OF RAMADAN; THE  THIRTIETH  DAY
 FOLLOWING  THE  FIRST  DAY  OF  THE NINTH MONTH OF THE ISLAMIC CALENDAR,
 KNOWN AS THE LAST DAY OF RAMADAN; THE THIRTEENTH OR  FOURTEENTH  DAY  OF
 APRIL,  KNOWN  AS  VAISAKHI,  OR AS BAISAKHI; THE THIRD DAY OF THE HINDU
 HOLIDAY OF DIWALI, KNOWN AS MAIN DIWALI; AND THE DATE OF THE FIRST  FULL
 MOON OCCURRING IN THE MONTH OF MAY, KNOWN AS VESAK.
   3.  IT  SHALL BE THE RESPONSIBILITY OF THE FACULTY AND OF THE ADMINIS-
 TRATIVE OFFICIALS OF EACH STATE UNIVERSITY, CITY UNIVERSITY, OR  PUBLIC-
 LY-FUNDED  INSTITUTION  OF  HIGHER  EDUCATION  TO MAKE AVAILABLE TO EACH
 STUDENT WHO IS ABSENT FROM SCHOOL PURSUANT TO SUBDIVISION  TWO  OF  THIS
 SECTION,  AN EQUIVALENT OPPORTUNITY TO MAKE UP ANY EXAMINATION, STUDY OR
 WORK REQUIREMENTS WHICH HE OR  SHE  MAY  HAVE  MISSED  BECAUSE  OF  SUCH
 ABSENCE.    NO  FEES OF ANY KIND SHALL BE CHARGED BY THE INSTITUTION FOR
 MAKING AVAILABLE TO SUCH STUDENT SUCH EQUIVALENT OPPORTUNITY.
   4. IN EFFECTUATING THE PROVISIONS OF THIS SECTION,  IT  SHALL  BE  THE
 DUTY  OF  THE  FACULTY AND OF THE ADMINISTRATIVE OFFICIALS OF EACH STATE
 UNIVERSITY, CITY UNIVERSITY, OR PUBLICLY-FUNDED  INSTITUTION  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.
   5. 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 STATE UNIVERSITY, CITY
 UNIVERSITY,  OR  PUBLICLY-FUNDED  INSTITUTION  OF  HIGHER  EDUCATION  IS
 LOCATED FOR THE ENFORCEMENT OF HIS OR HER RIGHTS UNDER THIS SECTION.
   6.  IT  SHALL BE THE RESPONSIBILITY OF THE ADMINISTRATIVE OFFICIALS OF
 EACH STATE UNIVERSITY, CITY UNIVERSITY, OR  PUBLICLY-FUNDED  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 OBSERVANCE OF ANY HOLIDAY LISTED IN SUBDI-
 VISION  TWO  OF THIS SECTION, MUST BE GIVEN AN EQUIVALENT OPPORTUNITY TO
 MAKE UP ANY EXAMINATION, STUDY OR WORK REQUIREMENTS WHICH HE OR SHE  MAY
 HAVE  MISSED  BECAUSE  OF  SUCH  ABSENCE.  NO  FEES OF ANY KIND SHALL BE
 CHARGED BY THE INSTITUTION FOR MAKING AVAILABLE  TO  SUCH  STUDENT  SUCH
 EQUIVALENT OPPORTUNITY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.