S T A T E O F N E W Y O R K
________________________________________________________________________
2149
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. KIM, BRAUNSTEIN, GOTTFRIED, LAVINE, WEPRIN,
ROZIC, TITONE, MOSLEY, O'DONNELL -- Multi-Sponsored by -- M. of A.
ABBATE, CRESPO, SEPULVEDA, WEINSTEIN -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to establishing the Asian
Lunar New Year school holiday
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3204-a
to read as follows:
S 3204-A. ASIAN LUNAR NEW YEAR SCHOOL HOLIDAY. 1. THE DAY OF THE ASIAN
LUNAR CALENDAR DESIGNATED AS THE FIRST DAY OF A NEW YEAR AND COMMONLY
KNOWN AS "ASIAN LUNAR NEW YEAR'S DAY" SHALL BE A SCHOOL HOLIDAY FOR ALL
PUBLIC SCHOOLS IN A QUALIFIED SCHOOL DISTRICT.
2. A QUALIFIED SCHOOL DISTRICT, FOR PURPOSES OF THIS SECTION, SHALL
INCLUDE A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE
MILLION OR MORE INHABITANTS AND HAVING AN ASIAN POPULATION EQUAL TO OR
GREATER THAN SEVEN AND ONE-HALF PERCENT THEREOF. THE ASIAN POPULATION,
FOR PURPOSES OF THIS SECTION, SHALL INCLUDE THOSE PERSONS, ADULTS AND
CHILDREN, WHO ARE FULLY OR PARTIALLY OF ASIAN DESCENT AND SHALL INCLUDE
ALL THOSE PERSONS AND ETHNIC GROUPS IDENTIFIED AS ASIAN BY THE UNITED
STATES CENSUS BUREAU FOR PURPOSES OF THE YEAR TWO THOUSAND TEN FEDERAL
DECENNIAL CENSUS.
3. THE SCHOOL AUTHORITIES OF EVERY QUALIFIED SCHOOL DISTRICT ARE HERE-
BY AUTHORIZED AND DIRECTED TO CAUSE ALL PUBLIC SCHOOLS WITHIN SUCH
DISTRICT TO BE CLOSED ON ASIAN LUNAR NEW YEAR DAY.
S 2. Section 3604 of the education law is amended by adding a new
subdivision 7-c to read as follows:
7-C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR PURPOSES OF ANY
CALCULATION UNDER SUBDIVISION SEVEN OR EIGHT OF THIS SECTION, THE
COMMISSIONER SHALL DISREGARD ANY REDUCTION RESULTING FROM OBSERVANCE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00392-01-5
A. 2149 2
THE ASIAN LUNAR NEW YEAR AND, IF NECESSARY, SUCH OBSERVED HOLIDAY SHALL
BE CALCULATED AS A SESSION DAY.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that any and all rules and regu-
lations and any other measures necessary to implement any provision of
this act on its effective date may be promulgated and taken, respective-
ly, on or before such effective date.