S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    553
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. LIU, COONEY, JACKSON, KAVANAGH, WEBB -- 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  SUCH  PERSON IS UNABLE, BECAUSE OF SUCH PERSON'S
 RELIGIOUS BELIEFS, TO REGISTER OR ATTEND CLASSES OR  TO  PARTICIPATE  IN
 ANY EXAMINATION, STUDY OR WORK REQUIREMENTS ON A PARTICULAR DAY OR DAYS.
   2.  ANY  STUDENT  IN AN INSTITUTION OF HIGHER EDUCATION WHO IS UNABLE,
 BECAUSE OF SUCH STUDENT'S RELIGIOUS BELIEFS,  TO  ATTEND  CLASSES  ON  A
 PARTICULAR  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01196-01-5
              

 S. 553                              2
 
   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  SUCH
 STUDENT'S  RELIGIOUS  BELIEFS, AN EQUIVALENT OPPORTUNITY TO REGISTER FOR
 CLASSES  OR  MAKE  UP  ANY EXAMINATION, STUDY OR WORK REQUIREMENTS WHICH
 SUCH STUDENT 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 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
 SUCH STUDENT AVAILING THEMSELF 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 SUCH STUDENT'S 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 SUCH STUDENT'S RELIGIOUS BELIEFS,
 SHALL BE GIVEN AN EQUIVALENT OPPORTUNITY TO REGISTER FOR CLASSES OR MAKE
 UP ANY EXAMINATION, STUDY OR WORK REQUIREMENTS WHICH  SUCH  STUDENT  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 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.