Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 224-A
Students unable because of religious beliefs to register or attend classes on certain days
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 5, PART 1
§ 224-a. 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
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 his or her 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.

3. It shall be the responsibility of the faculty and of the
administrative officials of each institution of higher education to make
available to each student who is absent from school, because of his or
her religious beliefs, 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 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
requirements 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
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.

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.

6-a. 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, must 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.

7. As used in this section, the term "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. 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
functionaries or for the purpose of propagating religious doctrines. As
used in this section, the term "religious belief" shall mean beliefs
associated with any corporation organized and operated exclusively for
religious purposes, which is not disqualified for tax exemption under
section 501 of the United States Code.