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.
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.
