STATE OF NEW YORK ________________________________________________________________________ 553 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. LIU, COONEY, JACKSON, KAVANAGH, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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: 1 Section 1. Section 224-a of the education law is amended by adding a 2 new subdivision 8 to read as follows: 3 8. Notwithstanding the definition of "religious belief" as defined in 4 subdivision seven of this section, any student that celebrates the 5 cultural observance of the Asian Lunar New Year shall be excused for 6 that cultural observance in the same manner as students excused due to 7 such students' religious beliefs pursuant to this section. 8 § 2. The education law is amended by adding a new section 6235 to read 9 as follows: 10 § 6235. Students unable because of religious beliefs to register or 11 attend classes on certain days. 1. No person shall be expelled from or 12 be refused admission as a student to an institution of higher education 13 for the reason that such person is unable, because of such person's 14 religious beliefs, to register or attend classes or to participate in 15 any examination, study or work requirements on a particular day or days. 16 2. Any student in an institution of higher education who is unable, 17 because of such student's religious beliefs, to attend classes on a 18 particular day or days shall, because of such absence on the particular 19 day or days, be excused from any examination or any study or work 20 requirements. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01196-01-5S. 553 2 1 3. It shall be the responsibility of the faculty and of the adminis- 2 trative officials of each institution of higher education to make avail- 3 able to each student who is absent from school, because of such 4 student's religious beliefs, an equivalent opportunity to register for 5 classes or make up any examination, study or work requirements which 6 such student may have missed because of such absence on any particular 7 day or days. No fees of any kind shall be charged by the institution for 8 making available to the said student such equivalent opportunity. 9 4. If registration, classes, examinations, study or work requirements 10 are held on Friday after four o'clock post meridian or on Saturday, 11 similar or makeup classes, examinations, study or work requirements or 12 opportunity to register shall be made available on other days, where it 13 is possible and practicable to do so. No special fees shall be charged 14 to the student for these classes, examinations, study or work require- 15 ments or registration held on other days. 16 5. In effectuating the provisions of this section, it shall be the 17 duty of the faculty and of the administrative officials of each institu- 18 tion of higher education to exercise the fullest measure of good faith. 19 No adverse or prejudicial effects shall result to any student because of 20 such student availing themself of the provisions of this section. 21 6. Any student, who is aggrieved by the alleged failure of any faculty 22 or administrative officials to comply in good faith with the provisions 23 of this section, shall be entitled to maintain an action or proceeding 24 in the supreme court of the county in which such institution of higher 25 education is located for the enforcement of such student's rights under 26 this section. 27 7. It shall be the responsibility of the administrative officials of 28 each institution of higher education to give written notice to students 29 of their rights under this section, informing them that each student who 30 is absent from school, because of such student's religious beliefs, 31 shall be given an equivalent opportunity to register for classes or make 32 up any examination, study or work requirements which such student may 33 have missed because of such absence on any particular day or days. No 34 fees of any kind shall be charged by the institution for making avail- 35 able to such student such equivalent opportunity. 36 8. As used in this section, the term "institution of higher education" 37 shall mean any institution of higher education, recognized and approved 38 by the board of trustees of the city university of New York, which 39 provides a course of study leading to the granting of a post-secondary 40 degree or diploma. Such term shall not include any institution which is 41 operated, supervised or controlled by a church or by a religious or 42 denominational organization whose educational programs are principally 43 designed for the purpose of training ministers or other religious func- 44 tionaries or for the purpose of propagating religious doctrines. As used 45 in this section, the term "religious belief" shall mean beliefs associ- 46 ated with any corporation organized and operated exclusively for reli- 47 gious purposes, which is not disqualified for tax exemption under 48 section 501 of the United States Code. 49 9. Notwithstanding the definition of "religious belief" as defined in 50 subdivision eight of this section, any student that celebrates the 51 cultural observance of the Asian Lunar New Year shall be excused for 52 that cultural observance in the same manner as students excused due to 53 such students' religious beliefs pursuant to this section. 54 § 3. This act shall take effect immediately.