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

                                  4585

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by  M.  of  A.  CLARK,  McDONOUGH, SCARBOROUGH, GOTTFRIED --
  Multi-Sponsored by -- M.   of A.  BRENNAN,  PERRY  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03232-01-5
              

A. 4585                             2

because of race, religion, creed, sex,  color,  marital  status,  FAMILY
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.