Establishes the Asian Lunar New Year day as a school holiday for all city school districts of one million or more with an Asian population of 7.5% or more

3 Co-sponsors

• Daniel L. Squadron
• Tony Avella
• Toby Ann Stavisky

BILL NUMBER:S4648

Title of bill

An act to amend the education law, in relation to establishing the Asian Lunar New Year school holiday

Purpose

To provide a school holiday in municipal jurisdictions with substantial Asian populations.

Summary of provisions

Section 1 of this bill amends the Education Law by adding a new sections 3204-a, which provides for a school holiday for Asian Lunar New Year in those districts where the city has a population of 1 million or more and an Asian population equal to or greater than 7.5% determined by the census.

Section 2 of this bill adds a new subdivision 7-c to the Education Law, which states that the Education Commissioner shall disregard any reduction in attendance resulting from observance of Asian Lunar New Year and may be counted as a session day if necessary.

Section 3 provides that 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 regulations and any other measures necessary to implement any provisions of this act on its effective date may be promulgated and taken, respectively, on or before such effective date.

Justification

Lunar New Year's day traditionally occurs in late January or early February. It is one of the most significant cultural holidays for Chinese, Korean, Vietnamese, and other Asian ethnic groups. It is a traditional time of reunion and celebration with family and friends. While Lunar New Year's day is recognized as an official day of commemoration in New York, public schools do not close for that day. This places an unfair burden on school children within the Asian community. It is impractical to keep the public schools open in Asian communities when there is a significant number of students and instructors who take the day off.

In 2014, the Governor approved legislation (Chapter 491) that directs school districts to determine whether school session should be held on days when it is likely that a considerable portion of the student population will be absent due to religious or cultural day observance. The Governor stated, in approval memorandum number 15, that Chapter 491 ''will ensure that districts consider the impact of the school calendar on students' ability to observe religious and cultural holidays". Considering that a large Asian population in New York City is impacted by Lunar New Year's day, schools should be closed for the observance of this holiday, or if school is in session, a child's inability to attend school on this holiday should be disregarded.

Legislative history

New bill

Fiscal implications

Undetermined.

Effective date

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 regulations and any other measures necessary to implement any provisions of this act on its effective date may be promulgated and taken, respectively, on or before such effective date.