S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3069

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. CLARK, McDONOUGH, SCARBOROUGH, GOTTFRIED -- read
  once and referred to the Committee on Education

AN ACT to amend the education law, in relation to prohibiting  discrimi-
  nation based on a person's family status or pregnancy status

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 and paragraphs (a)  and  (e)
of  subdivision  3  of  section  313 of the education law, as amended by
chapter 2 of the laws of 2002, are amended to read as follows:
  (a) It is hereby declared to be the policy of the state that the Amer-
ican ideal of equality of opportunity requires that students,  otherwise
qualified,  be  admitted to educational institutions and be given access
to all the educational programs and courses operated or provided by such
institutions without regard to race, color, sex, religion, creed,  mari-
tal  status,  age,  sexual orientation as defined in section two hundred
ninety-two of the executive law or national origin,  except  that,  with
regard   to   religious   or  denominational  educational  institutions,
students, otherwise qualified,  shall  have  the  equal  opportunity  to
attend therein without discrimination because of race, color, sex, mari-
tal  status, FAMILY STATUS, PREGNANCY STATUS, age, sexual orientation as
defined in section two  hundred  ninety-two  of  the  executive  law  or
national  origin.    It  is  a fundamental American right for members of
various religious faiths to establish and  maintain  educational  insti-
tutions  exclusively  or  primarily  for students of their own religious
faith or to effectuate the religious principles in furtherance of  which
they  are maintained.   Nothing herein contained shall impair or abridge
that right.
  (a) To exclude or limit or otherwise discriminate against  any  person
or  persons  seeking admission as students to such institution or to any
educational program or course operated or provided by  such  institution
because  of  race,  religion,  creed, sex, color, marital status, FAMILY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06325-01-3
              

A. 3069                             2

STATUS, PREGNANCY STATUS, age, sexual orientation as defined in  section
two  hundred  ninety-two of the executive law or national origin; except
that nothing in this section shall be deemed to affect, in any way,  the
right of a religious or denominational educational institution to select
its  students  exclusively or primarily from members of such religion or
denomination or from giving preference in such selection to such members
or to make such selection of its  students  as  is  calculated  by  such
institution  to  promote the religious principles for which it is estab-
lished or maintained. Nothing herein contained shall impair  or  abridge
the  right of an independent institution, which establishes or maintains
a policy of educating persons of one sex exclusively, to admit  students
of only one sex.
  (e) It shall not be an unfair educational practice for any educational
institution  to  use  criteria  other  than  race, religion, creed, sex,
color, marital status, FAMILY  STATUS,  PREGNANCY  STATUS,  age,  sexual
orientation  as  defined in section two hundred ninety-two of the execu-
tive law or national origin in the admission of students to such  insti-
tution  or  to  any  of the educational programs and courses operated or
provided by such institution.
  S 2. Section 3201 of the education law, as amended by chapter  342  of
the laws of 1969, is amended to read as follows:
  S 3201. Discrimination  on  account  of  race,  creed,  color,  FAMILY
STATUS, PREGNANCY STATUS, or national origin prohibited.   1. No  person
shall be refused admission into or be excluded from any public school in
the  state  of New York on account of race, creed, color, FAMILY STATUS,
PREGNANCY STATUS, or national origin.
  2. Except with the express approval of a  board  of  education  having
jurisdiction,  a  majority  of  the  members  of  such board having been
elected, no student shall be assigned or compelled to attend any  school
on  account  of  race, creed, color, FAMILY STATUS, PREGNANCY STATUS, or
national origin, or for the purpose of achieving equality in  attendance
or increased attendance or reduced attendance, at any school, of persons
of  one or more particular races, creeds, colors, FAMILY STATUSES, PREG-
NANCY STATUSES, or national origins; and no school district, school zone
or attendance unit, by whatever name known, shall be established,  reor-
ganized  or  maintained  for  any  such  purpose,  provided that nothing
contained in this section shall prevent the assignment of a pupil in the
manner requested or authorized by his parents or guardian,  and  further
provided  that nothing in this section shall be deemed to affect, in any
way, the right of a religious or denominational educational  institution
to select its pupils exclusively or primarily from members of such reli-
gion or denomination or from giving preference to such selection to such
members  or  to  make  such  selection to its pupils as is calculated to
promote the religious principle for which it is established.
  S 3. This act shall take effect immediately.