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.

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S160-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S160-2013 Memo

BILL NUMBER:S160

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
2012: Committee Discharged and Committed to Rules

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.

S160-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     160

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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  TEN  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-b to read as follows:

    7-B.  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.
                                                             LBD00202-01-3

 S. 160                              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.