What's happening
This bill requires New York colleges and universities to excuse students for the Asian Lunar New Year, granting it the same observance rights as religious holidays.
Why it matters
Expands cultural recognition beyond religion. By explicitly including the Asian Lunar New Year as an excusable observance, the bill acknowledges important cultural traditions that may not be classified strictly as religious, setting a precedent for broader accommodation of diverse cultural identities on campus.
Ensures academic fairness and protection. The bill mandates that students excused for the Asian Lunar New Year must be provided the same opportunities to make up missed work, exams, or registration without penalty or fees, ensuring students’ academic progress and standing are not jeopardized by their observance.
Establishes enforceable rights. Students who feel their rights under this provision are violated have clear legal recourse, allowing them to take action in court to enforce their right to observe the holiday and receive fair academic treatment.
Requires proactive notification. Colleges and universities must inform students in writing of these rights, increasing awareness and transparency about students' ability to observe both religious and now specific cultural holidays without academic disadvantage.
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Who cares
Students celebrating Asian Lunar New Year
The bill would give students observing the cultural holiday the same excused-absence protections as students absent for religious beliefs.
CUNY students observing religious holidays
The bill would protect them from expulsion or denied admission over religious scheduling conflicts and require equivalent opportunities to register or make up missed requirements without fees.
CUNY faculty and administrators
The bill would require them to arrange religious accommodations in good faith, avoid adverse treatment of students using those protections and provide written notice of students’ rights.
Students denied religious accommodations at CUNY
The bill would allow them to seek enforcement of their rights in the state Supreme Court in the county where their institution is located.
Headline styles
Add Lunar New Year Holiday
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to higher education
- Delivered to assembly
- Passed senateVote 45–15
- Advanced to third reading
- 2nd report cal.
- 1st report cal.385
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 51–11
Show 5 earlier actions
- Advanced to third reading
- Amended (t) 5695a
- 2nd report cal.
- 1st report cal.1040
- 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.
Include Lunar New Year Holiday
In Assembly Committee · Higher Education · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5695--A Cal. No. 1040
2019-2020 Regular Sessions
IN SENATE
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 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.
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 administrative officials of each institution of higher education to make available 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of the bill
This legislation mandates that the state and city universities of New York shall allow the student observance of ANY religious holiday
Justification
This bill mandates that the state and city universities will not penal- ize students for the observance of religious holidays and makes provisions to allow students to observe any such holidays without harm to their school standing.
Because the state and city universities already makes accommodations by suspending classes for the observance of certain religious observances (e.g. Christmas, Easter, Passover, Yom Kippur, Rosh Hashanah, etc.), thus accommodations should be made for all other religious observances, such as Eid Ul-Fitr, Eid Ul-Adha, and Diwali.
This bill also includes Asian Lunar New Year, which is a significant cultural holiday whose observance may include rituals from the Buddhism, Daoism and Confucianism.
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.