What's happening
This bill requires New York higher education institutions to excuse absences for the Asian Lunar New Year as they do for religious holidays.
Why it matters
Recognizes cultural diversity. By explicitly including the Asian Lunar New Year as an excusable absence, the bill acknowledges and values the cultural practices of Asian American students, promoting greater inclusion and respect for cultural diversity within New York’s public higher education institutions.
Ensures equal treatment. The bill mandates that students observing the Asian Lunar New Year must be excused in the same manner as those observing religious holidays. This guarantees that students are not disadvantaged academically or administratively for participating in important cultural celebrations.
Clarifies institutional obligations. Colleges and universities are required to provide make-up opportunities for missed classes, exams, or work due to these absences, without charging additional fees. This reduces barriers for students to fully participate in both their education and cultural observances.
Strengthens student rights. The legislation gives students clear legal recourse if their rights are not honored, ensuring accountability and encouraging institutions to act in good faith when accommodating cultural observances like the Asian Lunar New Year.
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Who cares
Headline styles
Include Lunar New Year Holiday
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to higher education
- Print number 4281a
- Amend (t) and recommit to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Add Lunar New Year Holiday
In Assembly Committee · Higher Education · Sponsor John Liu
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4281--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. WEPRIN, BARRON, BLAKE, QUART, COLTON, MOSLEY -- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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 examination, 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 particular 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.
3. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make avail-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07394-05-9
A. 4281--A 2
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 available 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 requirements 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 institution 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 functionaries or for the purpose of propagating religious doctrines. As used in this section, the term "religious belief" shall mean beliefs associated with any corporation organized and operated exclusively for religious 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.