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A02038 Summary:

BILL NOA02038
 
SAME ASNo Same As
 
SPONSORFall
 
COSPNSR
 
MLTSPNSR
 
Add §224-b, Ed L
 
Permits students of SUNY, CUNY, or state-funded institutions of higher education to observe certain holidays without facing academic repercussions, provided they submit written notice of their intention to observe such holidays.
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A02038 Actions:

BILL NOA02038
 
01/23/2023referred to higher education
01/03/2024referred to higher education
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A02038 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2038
 
SPONSOR: Fall
  TITLE OF BILL: An act to amend the education law, in relation to permitting students of SUNY, CUNY, or state-funded institutions of higher education to observe certain holidays without facing academic repercussions   PURPOSE OR GENERAL IDEA OF BILL: This bill is in response to a government employee, mother of two, and a wife of a veteran who served two tours in Afghanistan, who while attend- ing nursing classes, part-time, was academically reprimanded for not taking an exam scheduled on Veterans' Days. A day that is very important for her to observe. The legislation would require students to give a full three day notice to his/her professor so that exams, quizzes and any other academic criteria can be rescheduled.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the education law by adding a new section 224-b; No academic repercussions for holiday observance. Clarifies and defines institutions of learning to mean, SUNY, City University and Publically- funded institution of higher education. Academic repercussions shall include, but not limited to, penalties for absence or grade reductions on any academic assignment, presentation, quiz, exam, or other study of work requirements. Students who present in writing, an absentee notice within 3-days shall be granted the right to observe the following holidays without being subjected to academic repercussions; Dr. Martin Luther King Jr. day, Washington's Birthday/President's Day, Good Friday, Passover Seder, day before Independence Day, Columbus/Indigenous Peoples' Day, Veterans Day, Christmas Eve, New Year's Eve, Ramadan, Last day of Ramadan, Vaisakhi (Sikh New Year), Diwali (Hindu), and Vesak (Birth of Buddha). It shall be the responsibility of the faculty and administrative offi- cials of each state university, city university, or publicly-funded institution of higher education to make available to each student who is absent from school pursuant to subdivision two of this section, an equivalent opportunity to make up any examination, study or work requirements which he or she may have missed because of such absence. No fees of any kind shall be charged by the institution for making avail- able to such student such equivalent opportunity. 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 state university, city university, or publicly-funded institution of higher education is located for the enforcement of his or her rights under this section. It shall be the responsibility of the administration officials of these institutions 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/her observance of any holiday listed in subdivision two of this section, must be given an equivalent opportu- nity to make up an examination, study of work requirements which he or she may have missed due to observance. No fees of any kind shall be charged by the institution for making available to such student such equivalent opportunity. Section 2. This act shall take effect on the sixtieth day after it shall have become law.   JUSTIFICATION: Non-traditional and traditional celebrations are some of the core aspects of any culture. Celebrating your traditions helps keep you grounded in your own culture while adapting to a new one. Celebrating a special day can also help you connect with fellow citizens in your area who can add to your mutual support group. Non-traditional and tradi- tional celebrations are also an excellent opportunity for intercultural exchange and understanding. Both kids and young adults learn about other cultures through these celebrations. According to an extensive study done by the Pew Research Center in 2012, 84 percent of the world identifies with some religious group. This number shows it is likely that a majority of student's will hold some religious beliefs. A reasonable accommodation is one that eliminates the student's conflict between his/her non-religious and religious practices and work requirements. This means that institutions of higher learning should take their students religion and non-religious observance into account when making academic decisions. Typically reasonable accommodations include; an exception to the compa- ny's dress and grooming code for a religious practice, a schedule change to attend a religious service, an excused absence from a religious invo- cation offered before a scheduled exam or work study and excused time off for the observance of a religious or non-religious holiday. Solutions to take into consideration are offering a student the chance to telecommute and allow them to work from home. Telecommuting can then let a student work some during a religious and non-religious holiday. If the student does not wish to work at all during a nontraditional holi- day, flexible scheduling can help. Flexible scheduling allows a student to work longer during the other days of the week to make up for the day they are going to miss due to a religious or non-religious holiday.   PRIOR LEGISLATIVE HISTORY: Referred to Higher Education: 01/08/2020   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
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A02038 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2038
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Higher Education
 
        AN ACT to amend the education law, in relation to permitting students of
          SUNY, CUNY,  or  state-funded  institutions  of  higher  education  to
          observe certain holidays without facing academic repercussions

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section  224-b
     2  to read as follows:
     3    § 224-b. No academic repercussions for holiday observance. 1.  As used
     4  in this section, the following terms shall have the following meanings:
     5    (a)  "State  university"  shall  mean the state university of New York
     6  established pursuant to article eight of this chapter.
     7    (b) "City university" shall mean  the  city  university  of  New  York
     8  established pursuant to article one hundred twenty-five of this chapter.
     9    (c)  "Publicly-funded  institution of higher education" shall mean any
    10  institution of higher education, recognized and approved by the  regents
    11  of  the  university of the state of New York, which provides a course of
    12  study leading to the granting of a  post-secondary  degree  or  diploma,
    13  which receives public funds from the state of New York.
    14    (d)  "Academic  repercussions"  shall  include, but not be limited to,
    15  penalties for absence or grade reductions on  any  academic  assignment,
    16  presentation, quiz, exam, or other study or work requirements.
    17    2.  Students  enrolled  at  any  state university, city university, or
    18  publicly-funded institution of higher education shall  be  permitted  to
    19  observe any of the following holidays without being subjected to academ-
    20  ic  repercussions,  so long as such student notifies, in writing, his or
    21  her instructor of such student's intention to observe  such  holiday  at
    22  least three business days in advance: The third Monday of January, known
    23  as  Dr. Martin Luther King, Jr. day; the third Monday in February, known
    24  as Washington's birthday, or President's day; the Friday  occurring  two
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06699-01-3

        A. 2038                             2
 
     1  days  before the date of the first Sunday on or following the first full
     2  moon following the twenty-first of March,  known  as  Good  Friday;  the
     3  fifteenth day of the Hebrew month of Nisan, known as the Passover Seder,
     4  or  the  first day of Passover; the third day of July, the day preceding
     5  the day known as Independence Day; the second Monday in  October,  known
     6  as  Indigenous Peoples' day, or Columbus day; the eleventh day of Novem-
     7  ber, known as Veterans' day; the twenty-fourth day of December, known as
     8  Christmas Eve; the twenty-sixth day of  December,  the  day  immediately
     9  following  the day known as Christmas; the thirty-first day of December,
    10  the day known as New Year's Eve; the first day of the ninth month of the
    11  Islamic calendar, known as the first day of Ramadan; the  thirtieth  day
    12  following  the  first  day  of  the ninth month of the Islamic calendar,
    13  known as the last day of Ramadan; the thirteenth or  fourteenth  day  of
    14  April,  known  as  Vaisakhi,  or as Baisakhi; the third day of the Hindu
    15  holiday of Diwali, known as main Diwali; and the date of the first  full
    16  moon occurring in the month of May, known as Vesak.
    17    3.  It  shall be the responsibility of the faculty and of the adminis-
    18  trative officials of each state university, city university, or  public-
    19  ly-funded  institution  of  higher  education  to make available to each
    20  student who is absent from school pursuant to subdivision  two  of  this
    21  section,  an equivalent opportunity to make up any examination, study or
    22  work requirements which he or  she  may  have  missed  because  of  such
    23  absence.    No  fees of any kind shall be charged by the institution for
    24  making available to such student such equivalent opportunity.
    25    4. In effectuating the provisions of this section,  it  shall  be  the
    26  duty  of  the  faculty and of the administrative officials of each state
    27  university, city university, or publicly-funded  institution  of  higher
    28  education  to  exercise the fullest measure of good faith. No adverse or
    29  prejudicial effects shall result to any student because of  his  or  her
    30  availing himself or herself of the provisions of this section.
    31    5. Any student, who is aggrieved by the alleged failure of any faculty
    32  or  administrative officials to comply in good faith with the provisions
    33  of this section, shall be entitled to maintain an action  or  proceeding
    34  in  the supreme court of the county in which such state university, city
    35  university,  or  publicly-funded  institution  of  higher  education  is
    36  located for the enforcement of his or her rights under this section.
    37    6.  It  shall be the responsibility of the administrative officials of
    38  each state university, city university, or  publicly-funded  institution
    39  of  higher  education to give written notice to students of their rights
    40  under this section, informing them that each student who is absent  from
    41  school, because of his or her observance of any holiday listed in subdi-
    42  vision  two  of this section, must be given an equivalent opportunity to
    43  make up any examination, study or work requirements which he or she  may
    44  have  missed  because  of  such  absence.  No  fees of any kind shall be
    45  charged by the institution for making available  to  such  student  such
    46  equivalent opportunity.
    47    §  2.  This  act  shall take effect on the sixtieth day after it shall
    48  have become a law.
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