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.