The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7062--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee  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 establishing the Diwa-
   li 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:
   §  3204-A.   HINDU FESTIVAL OF LIGHTS SCHOOL HOLIDAY. 1. THE FIFTEENTH
 DAY OF THE HINDU LUNISOLAR MONTH OF KARTIK, KNOWN AS LAKSHMI PUJA, SHALL
 BE A SCHOOL HOLIDAY FOR  ANY  OR  ALL  SCHOOLS  IN  A  QUALIFIED  SCHOOL
 DISTRICT  WHERE  THE  BOARD  OF  EDUCATION  OR  TRUSTEES DETERMINES SUCH
 SCHOOLS HAVE A SIGNIFICANT SOUTH-ASIAN POPULATION.
   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.  THE ASIAN POPULATION, FOR
 PURPOSES OF THIS SECTION, SHALL INCLUDE THOSE PERSONS, ADULTS AND  CHIL-
 DREN,  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 IN THE MOST RECENT DECENNIAL UNITED STATES CENSUS.  IN THE
 EVENT THAT THE STATE OF NEW YORK OR  THE  UNITED  STATES  CENSUS  BUREAU
 COLLECTS  POPULATION  DATA  FOR  THE STATE OF NEW YORK WHICH DENOTES THE
 NUMBER OF CITIZENS  OF  ASIAN-INDIAN,  BANGLADESHI,  PAKISTANI,  NEPALI,
 MYANMARI, BHUTANESE, INDO-CARIBBEAN WHICH INCLUDES GUYANESE AND TRINIDA-
 DIANS,  AND  SRI  LANKAN DESCENT, THEN A QUALIFIED SCHOOL DISTRICT SHALL
 INCLUDE A CITY SCHOOL DISTRICT OF A CITY  HAVING  A  POPULATION  OF  ONE
 MILLION OR MORE INHABITANTS AND HAVING A SOUTH ASIAN POPULATION, INCLUD-
 ING  ASIAN-INDIAN,  BANGLADESHI, PAKISTANI, NEPALI, MYANMARI, BHUTANESE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10039-06-1

 A. 7062--A                          2
 
 INDO-CARIBBEAN WHICH INCLUDES GUYANESE AND TRINIDADIANS, AND SRI  LANKAN
 EQUAL TO OR GREATER THAN THREE PERCENT.
   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 LAKSHMI PUJA, DURING THE FESTIVAL OF DIWALI.
   § 2. Section 3604 of the education law is  amended  by  adding  a  new
 subdivision 7-a to read as follows:
   7-A.  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
 LAKSHMI PUJA, DURING THE FESTIVAL OF  DIWALI  AND,  IF  NECESSARY,  SUCH
 OBSERVED HOLIDAY SHALL BE CALCULATED AS A SESSION DAY.
   § 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.