Prohibits public schools from denying admission to unvaccinated students if their parents submit a form stating that such vaccinations are contrary to their genuine and sincere religious beliefs.
STATE OF NEW YORK
________________________________________________________________________
8123--B
2017-2018 Regular Sessions
IN ASSEMBLY
May 31, 2017
___________
Introduced by M. of A. GOTTFRIED, SEPULVEDA, BENEDETTO, THIELE, WEPRIN,
PALUMBO, McDONOUGH, BARRON, PAULIN, BYRNE, MURRAY, MONTESANO, COLTON,
NORRIS, CRESPO, MORINELLO, HIKIND, TAYLOR, ABBATE, GARBARINO,
LAWRENCE, KIM, BRABENEC, PICHARDO, WILLIAMS, CURRAN, RIVERA, DICKENS
-- Multi-Sponsored by -- M. of A. DE LA ROSA, FITZPATRICK, RA -- read
once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to admission of certain
unvaccinated students to public schools
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 3201-b
2 to read as follows:
3 § 3201-b. Procedure for religious exemption from vaccination require-
4 ment. 1. Legislative intent. The legislature hereby finds and declares
5 that to effectuate the provisions of subdivision nine of section twen-
6 ty-one hundred sixty-four of the public health law, a uniform form that
7 shall be used by parents is necessary.
8 2. The definitions of terms in section twenty-one hundred sixty-four
9 of the public health law shall apply to this section. This section shall
10 only apply with respect to admission or receiving of a child into a
11 school or attending a school referred to in section one of article elev-
12 en of the New York state constitution, including a charter school,
13 pursuant to subdivision nine of section twenty-one hundred sixty-four of
14 the public health law.
15 3. Where a child's parent, parents or guardian claim that section
16 twenty-one hundred sixty-four of the public health law shall not apply
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09643-11-7
A. 8123--B 2
1 to the child because the parent, parents, or guardian hold genuine and
2 sincere religious beliefs which are contrary to the practices required
3 in such section, the child shall be deemed to have complied with that
4 section and no certificate under that section shall be required as a
5 prerequisite to such child being admitted or received into school or
6 attending school pursuant to subdivision nine of section twenty-one
7 hundred sixty-four of the public health law, provided that the parent,
8 parents or guardian file with the school a religious beliefs exemption
9 form under subdivision four of this section.
10 4. Religious beliefs exemption form. Any parent, parents, or guardian
11 requesting an exemption from the vaccination requirements of subdivision
12 nine of section twenty-one hundred sixty-four of the public health law
13 based upon his, her or their genuine and sincere religious beliefs that
14 are contrary to the practices prescribed by such section shall complete
15 the following religious beliefs exemption form and file it with the
16 school:
17 RELIGIOUS BELIEFS VACCINATION EXEMPTION FORM
18 (a) Name(s) of parent, parents or guardian: _____________________
19 (b) Name of child: _______________________
20 (c) Child's birthdate: ____________________
21 (d) Child's home address: __________________
22 I/we __________________, as the parent, parents, or guardian of the
23 above-named child, request a religious beliefs exemption from the vacci-
24 nation requirements of Public Health Law section 2164 for such child
25 because I/we hold a genuine and sincere religious belief that is contra-
26 ry to such vaccination practices.
27 ___________________________________________________________
28 (Signature of parent or guardian) ___________________ (Date)
29 ____________________________________________________________
30 (Signature of parent or guardian) ____________________ (Date)
31 § 2. This act shall take effect on the thirtieth day after it shall
32 have become a law.