Senate Bill S3424A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3424--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to providing a statewide,
   uniform religious belief exemption form to be available in all schools
 
   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 3201-b
 to read as follows:
   § 3201-B.  PROCEDURE FOR RELIGIOUS EXEMPTION FROM VACCINATION REQUIRE-
 MENT. 1.  LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND  DECLARES
 THAT  TO  EFFECTUATE THE PROVISIONS OF SUBDIVISION NINE OF SECTION TWEN-
 TY-ONE HUNDRED SIXTY-FOUR OF THE PUBLIC HEALTH LAW, A UNIFORM FORM  THAT
 SHALL BE USED BY PARENTS IS NECESSARY.
   2.  THE  DEFINITIONS OF TERMS IN SECTION TWENTY-ONE HUNDRED SIXTY-FOUR
 OF THE PUBLIC HEALTH LAW SHALL APPLY TO THIS SECTION. THIS SECTION SHALL
 ONLY APPLY WITH RESPECT TO ADMISSION OR RECEIVING  OF  A  CHILD  INTO  A
 SCHOOL OR ATTENDING A SCHOOL REFERRED TO IN SECTION ONE OF ARTICLE ELEV-
 EN  OF  THE  NEW  YORK  STATE  CONSTITUTION, INCLUDING A CHARTER SCHOOL,
 PURSUANT TO SUBDIVISION NINE OF SECTION TWENTY-ONE HUNDRED SIXTY-FOUR OF
 THE PUBLIC HEALTH LAW.
   3. WHERE A CHILD'S PARENT, PARENTS  OR  GUARDIAN  CLAIM  THAT  SECTION
 TWENTY-ONE  HUNDRED  SIXTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT APPLY
 TO THE CHILD BECAUSE THE PARENT, PARENTS, OR GUARDIAN HOLD  GENUINE  AND
 SINCERE  RELIGIOUS  BELIEFS WHICH ARE CONTRARY TO THE PRACTICES REQUIRED
 IN SUCH SECTION, THE CHILD SHALL BE DEEMED TO HAVE  COMPLIED  WITH  THAT
 SECTION  AND  NO  CERTIFICATE  UNDER THAT SECTION SHALL BE REQUIRED AS A
 PREREQUISITE TO SUCH CHILD BEING ADMITTED OR  RECEIVED  INTO  SCHOOL  OR
 ATTENDING  SCHOOL  PURSUANT  TO  SUBDIVISION  NINE OF SECTION TWENTY-ONE
 HUNDRED SIXTY-FOUR OF THE PUBLIC HEALTH LAW, PROVIDED THAT  THE  PARENT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09427-02-9

 S. 3424--A                          2
 
 PARENTS  OR  GUARDIAN  FILE WITH THE DISTRICT SUPERINTENDENT A RELIGIOUS
 BELIEFS EXEMPTION FORM UNDER SUBDIVISION FOUR OF THIS SECTION.
   4.  RELIGIOUS BELIEFS EXEMPTION FORM. ANY PARENT, PARENTS, OR GUARDIAN
 REQUESTING AN EXEMPTION FROM THE VACCINATION REQUIREMENTS OF SUBDIVISION
 NINE OF SECTION TWENTY-ONE HUNDRED SIXTY-FOUR OF THE PUBLIC  HEALTH  LAW
 BASED  UPON HIS, HER OR THEIR GENUINE AND SINCERE RELIGIOUS BELIEFS THAT
 ARE CONTRARY TO THE PRACTICES PRESCRIBED BY SUCH SECTION SHALL  COMPLETE
 THE  FOLLOWING  RELIGIOUS  BELIEFS  EXEMPTION  FORM AND FILE IT WITH THE
 DISTRICT SUPERINTENDENT:
 RELIGIOUS BELIEFS VACCINATION EXEMPTION FORM
 (A) NAME(S) OF PARENT, PARENTS OR GUARDIAN: _____________________
 (B) NAME OF CHILD: _______________________
 (C) CHILD'S BIRTHDATE: ____________________
 (D) CHILD'S HOME ADDRESS: __________________
 I/WE __________________, AS THE PARENT,  PARENTS,  OR  GUARDIAN  OF  THE
 ABOVE-NAMED CHILD, REQUEST A RELIGIOUS BELIEFS EXEMPTION FROM THE VACCI-
 NATION  REQUIREMENTS  OF  PUBLIC  HEALTH LAW SECTION 2164 FOR SUCH CHILD
 BECAUSE I/WE HOLD A GENUINE AND SINCERE RELIGIOUS BELIEF THAT IS CONTRA-
 RY TO SUCH VACCINATION PRACTICES.
 ___________________________________________________________
 (SIGNATURE OF PARENT OR GUARDIAN) ___________________ (DATE)
 
 ____________________________________________________________
 
 (SIGNATURE OF PARENT OR GUARDIAN) ____________________ (DATE)
   5. A PARENT, GUARDIAN, OR ANY OTHER PERSON IN A PARENTAL  RELATIONSHIP
 TO  A  CHILD DENIED SCHOOL ENTRANCE OR ATTENDANCE MAY APPEAL BY PETITION
 TO THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF  SECTION  THREE
 HUNDRED TEN OF THIS CHAPTER.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.