N.Y. Education Law § 224-a: Students unable because of religious beliefs to register or attend classes on certain days

§ 224-a. 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.

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.

6-a. 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, must 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.

7. As used in this section, the term "institution of higher education"

shall mean any institution of higher education, recognized and approved

by the regents of the university of the state 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.