S T A T E   O F   N E W   Y O R K
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                                  5695--A
     Cal. No. 1040
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2019
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading
 
 AN ACT to amend the education law, in relation to the observance of  all
   religious holidays by institutions within the state university and the
   city  university  of  New York, and including the Asian Lunar New Year
   within the definition of such holidays
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 224-a of the education law is amended by adding a
 new subdivision 8 to read as follows:
   8. NOTWITHSTANDING THE DEFINITION OF "RELIGIOUS BELIEF" AS DEFINED  IN
 SUBDIVISION  SEVEN  OF  THIS  SECTION,  ANY  STUDENT THAT CELEBRATES THE
 CULTURAL OBSERVANCE OF THE ASIAN LUNAR NEW YEAR  SHALL  BE  EXCUSED  FOR
 THAT  CULTURAL  OBSERVANCE IN THE SAME MANNER AS STUDENTS EXCUSED DUE TO
 SUCH STUDENTS' RELIGIOUS BELIEFS PURSUANT TO THIS SECTION.
   § 2. The education law is amended by adding a new section 6235 to read
 as follows:
   § 6235. STUDENTS UNABLE BECAUSE OF RELIGIOUS BELIEFS  TO  REGISTER  OR
 ATTEND  CLASSES  ON CERTAIN DAYS. 1. NO PERSON SHALL BE EXPELLED FROM OR
 BE REFUSED ADMISSION AS A STUDENT TO AN INSTITUTION OF HIGHER  EDUCATION
 FOR THE REASON THAT HE OR SHE IS UNABLE, BECAUSE OF HIS OR HER RELIGIOUS
 BELIEFS, TO REGISTER OR ATTEND CLASSES OR TO PARTICIPATE IN ANY EXAMINA-
 TION, STUDY OR WORK REQUIREMENTS ON A PARTICULAR DAY OR DAYS.
   2.  ANY  STUDENT  IN AN INSTITUTION OF HIGHER EDUCATION WHO IS UNABLE,
 BECAUSE OF HIS OR HER RELIGIOUS BELIEFS, TO ATTEND CLASSES ON A  PARTIC-
 ULAR DAY OR DAYS SHALL, BECAUSE OF SUCH ABSENCE ON THE PARTICULAR DAY OR
 DAYS, BE EXCUSED FROM ANY EXAMINATION OR ANY STUDY OR WORK REQUIREMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07394-04-9

 S. 5695--A                          2
 
   3.  IT  SHALL BE THE RESPONSIBILITY OF THE FACULTY AND OF THE ADMINIS-
 TRATIVE OFFICIALS OF EACH INSTITUTION OF HIGHER EDUCATION TO MAKE AVAIL-
 ABLE TO EACH STUDENT WHO IS ABSENT FROM SCHOOL, BECAUSE OF  HIS  OR  HER
 RELIGIOUS  BELIEFS, AN EQUIVALENT OPPORTUNITY TO REGISTER FOR CLASSES OR
 MAKE  UP ANY EXAMINATION, STUDY OR WORK REQUIREMENTS WHICH HE OR SHE MAY
 HAVE MISSED BECAUSE OF SUCH ABSENCE ON ANY PARTICULAR DAY  OR  DAYS.  NO
 FEES  OF  ANY KIND SHALL BE CHARGED BY THE INSTITUTION FOR MAKING AVAIL-
 ABLE TO THE SAID STUDENT SUCH EQUIVALENT OPPORTUNITY.
   4. IF REGISTRATION, CLASSES, EXAMINATIONS, STUDY OR WORK  REQUIREMENTS
 ARE  HELD  ON  FRIDAY  AFTER  FOUR O'CLOCK POST MERIDIAN OR ON SATURDAY,
 SIMILAR OR MAKEUP CLASSES, EXAMINATIONS, STUDY OR WORK  REQUIREMENTS  OR
 OPPORTUNITY  TO REGISTER SHALL BE MADE AVAILABLE ON OTHER DAYS, WHERE IT
 IS POSSIBLE AND PRACTICABLE TO DO SO. NO SPECIAL FEES SHALL  BE  CHARGED
 TO  THE  STUDENT FOR THESE CLASSES, EXAMINATIONS, STUDY OR WORK REQUIRE-
 MENTS OR REGISTRATION HELD ON OTHER DAYS.
   5. IN EFFECTUATING THE PROVISIONS OF THIS SECTION,  IT  SHALL  BE  THE
 DUTY OF THE FACULTY AND OF THE ADMINISTRATIVE OFFICIALS OF EACH INSTITU-
 TION  OF HIGHER EDUCATION TO EXERCISE THE FULLEST MEASURE OF GOOD FAITH.
 NO ADVERSE OR PREJUDICIAL EFFECTS SHALL RESULT TO ANY STUDENT BECAUSE OF
 HIS OR HER AVAILING  HIMSELF  OR  HERSELF  OF  THE  PROVISIONS  OF  THIS
 SECTION.
   6. ANY STUDENT, WHO IS AGGRIEVED BY THE ALLEGED FAILURE OF ANY FACULTY
 OR  ADMINISTRATIVE OFFICIALS TO COMPLY IN GOOD FAITH WITH THE PROVISIONS
 OF THIS SECTION, SHALL BE ENTITLED TO MAINTAIN AN ACTION  OR  PROCEEDING
 IN  THE  SUPREME COURT OF THE COUNTY IN WHICH SUCH INSTITUTION OF HIGHER
 EDUCATION IS LOCATED FOR THE ENFORCEMENT OF HIS OR HER RIGHTS UNDER THIS
 SECTION.
   7. IT SHALL BE THE RESPONSIBILITY OF THE ADMINISTRATIVE  OFFICIALS  OF
 EACH  INSTITUTION OF HIGHER EDUCATION TO GIVE WRITTEN NOTICE TO STUDENTS
 OF THEIR RIGHTS UNDER THIS SECTION, INFORMING THEM THAT EACH STUDENT WHO
 IS ABSENT FROM SCHOOL, BECAUSE OF HIS OR HER RELIGIOUS BELIEFS, SHALL BE
 GIVEN AN EQUIVALENT OPPORTUNITY TO REGISTER FOR CLASSES OR MAKE  UP  ANY
 EXAMINATION,  STUDY OR WORK REQUIREMENTS WHICH HE OR SHE MAY HAVE MISSED
 BECAUSE OF SUCH ABSENCE ON ANY PARTICULAR DAY OR DAYS. NO  FEES  OF  ANY
 KIND  SHALL  BE  CHARGED BY THE INSTITUTION FOR MAKING AVAILABLE TO SUCH
 STUDENT SUCH EQUIVALENT OPPORTUNITY.
   8. AS USED IN THIS SECTION, THE TERM "INSTITUTION OF HIGHER EDUCATION"
 SHALL MEAN ANY INSTITUTION OF HIGHER EDUCATION, RECOGNIZED AND  APPROVED
 BY  THE  BOARD  OF  TRUSTEES  OF  THE CITY UNIVERSITY OF NEW YORK, WHICH
 PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING OF  A  POST-SECONDARY
 DEGREE  OR DIPLOMA. SUCH TERM SHALL NOT INCLUDE ANY INSTITUTION WHICH IS
 OPERATED, SUPERVISED OR CONTROLLED BY A CHURCH  OR  BY  A  RELIGIOUS  OR
 DENOMINATIONAL  ORGANIZATION  WHOSE EDUCATIONAL PROGRAMS ARE PRINCIPALLY
 DESIGNED FOR THE PURPOSE OF TRAINING MINISTERS OR OTHER RELIGIOUS  FUNC-
 TIONARIES OR FOR THE PURPOSE OF PROPAGATING RELIGIOUS DOCTRINES. AS USED
 IN  THIS SECTION, THE TERM "RELIGIOUS BELIEF" SHALL MEAN BELIEFS ASSOCI-
 ATED WITH ANY CORPORATION ORGANIZED AND OPERATED EXCLUSIVELY  FOR  RELI-
 GIOUS  PURPOSES,  WHICH  IS  NOT  DISQUALIFIED  FOR  TAX EXEMPTION UNDER
 SECTION 501 OF THE UNITED STATES CODE.
   9. NOTWITHSTANDING THE DEFINITION OF "RELIGIOUS BELIEF" AS DEFINED  IN
 SUBDIVISION  EIGHT  OF  THIS  SECTION,  ANY  STUDENT THAT CELEBRATES THE
 CULTURAL OBSERVANCE OF THE ASIAN LUNAR NEW YEAR  SHALL  BE  EXCUSED  FOR
 THAT  CULTURAL  OBSERVANCE IN THE SAME MANNER AS STUDENTS EXCUSED DUE TO
 SUCH STUDENTS' RELIGIOUS BELIEFS PURSUANT TO THIS SECTION.
   § 3. This act shall take effect immediately.