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.
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.
STATE OF NEW YORK ________________________________________________________________________ 27 2011-2012 Regular Sessions IN 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 OFEXPLANATION--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.