S27-2011: Establishes the Asian Lunar New Year day as a school holiday for all city school districts of one million or more with an Asian population of 7.5% or more


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Establishes the Asian Lunar New Year day as a school holiday for all city school districts of cities of one million inhabitants or more, with an Asian population of seven and one-half percent or more; uses the year 2000 federal decennial census as the basis for calculation of the Asian population.
Sponsor: SQUADRON / Co-sponsor(s): DUANE, PERKINS, STAVISKY / Committee: RULES
Law Section: Education Law / Law: Add S3204-a, amd S3604, Ed L

S27-2011 Actions

S27-2011 Meetings

Education: Mar 13, 2012

S27-2011 Memo

BILL NUMBER:S27

TITLE OF BILL:
An act
to amend the education law, in relation to establishing the Asian Lunar
New Year school holiday

PURPOSE OR GENERAL IDEA OF BILL:
To provide a school holiday in municipal jurisdictions with
substantial Asian populations.

SUMMARY OF SPECIFIC PROVISIONS:
The Education Law is amended by adding a new section to 3204-a to
provide a holiday for all elementary and secondary public schools in
municipal jurisdictions with substantial Asian populations.

JUSTIFICATION:
Lunar New Year day traditionally occurs in late January or early
February. It is one of the most significant cultural holidays for
Chinese, Koreans, Japanese and other Asian ethnic groups. It is a
traditional time of reunion and celebration with family and friends.
While Lunar New Year day is recognized as an official day of
commemoration in New York, public schools do not close for that day.
This places an unfair burden on school children within the Asian
community. It is impractical to keep the public schools open in Asian
communities� when there is a significant number of students and
instructors who take the day off.

PRIOR LEGISLATIVE HISTORY:
2007-2008: A.6061
2009-2010: S.5387/A.4090

FISCAL IMPLICATIONS:
Unable to determine at this time.

LOCAL FISCAL IMPLICATIONS:
Unable to determine at this time.

EFFECTIVE DATE:
This act shall take effect on the 120th day after becoming law, with
provisions.

S27-2011 Text

 S T A T E   O F   N E W   Y O R K
 
27 2011-2012 Regular Sessions I N SENATE (PREFILED)
January 5, 2011
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to establishing the Asian Lunar New Year school holiday THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. The education law is amended by adding a new section 3204-a to read as follows:


S 3204-A. ASIAN LUNAR NEW YEAR SCHOOL HOLIDAY. 1. THE DAY OF THE ASIAN LUNAR CALENDAR DESIGNATED AS THE FIRST DAY OF A NEW YEAR AND COMMONLY KNOWN AS "ASIAN LUNAR NEW YEAR'S DAY" SHALL BE A SCHOOL HOLIDAY FOR ALL PUBLIC SCHOOLS IN A QUALIFIED SCHOOL DISTRICT. 2. A QUALIFIED SCHOOL DISTRICT, FOR PURPOSES OF THIS SECTION, SHALL INCLUDE A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS AND HAVING AN ASIAN POPULATION EQUAL TO OR GREATER THAN SEVEN AND ONE-HALF PERCENT THEREOF. THE ASIAN POPULATION, FOR PURPOSES OF THIS SECTION, SHALL INCLUDE THOSE PERSONS, ADULTS AND CHILDREN, WHO ARE FULLY OR PARTIALLY OF ASIAN DESCENT AND SHALL INCLUDE ALL THOSE PERSONS AND ETHNIC GROUPS IDENTIFIED AS ASIAN BY THE UNITED STATES CENSUS BUREAU FOR PURPOSES OF THE YEAR TWO THOUSAND FEDERAL DECENNIAL CENSUS. 3. THE SCHOOL AUTHORITIES OF EVERY QUALIFIED SCHOOL DISTRICT ARE HERE BY AUTHORIZED AND DIRECTED TO CAUSE ALL PUBLIC SCHOOLS WITHIN SUCH DISTRICT TO BE CLOSED ON ASIAN LUNAR NEW YEAR DAY.

S 2.

Section 3604 of the education law is amended by adding a new subdivision 7-a to read as follows:
7-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR PURPOSES OF ANY CALCULATION UNDER SUBDIVISION SEVEN OR EIGHT OF THIS SECTION, THE COMMISSIONER SHALL DISREGARD ANY REDUCTION RESULTING FROM OBSERVANCE OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00159-01-1
S. 27 2 THE ASIAN LUNAR NEW YEAR AND, IF NECESSARY, SUCH OBSERVED HOLIDAY SHALL BE CALCULATED AS A SESSION DAY.

S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that any and all rules and regu lations and any other measures necessary to implement any provision of this act on its effective date may be promulgated and taken, respective ly, on or before such effective date.

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