Bill S4373-2013

Prohibits discrimination based on a person's family status or pregnancy status

Prohibits discrimination based on a person's family status or pregnancy status.

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  • Jan 8, 2014: REFERRED TO EDUCATION
  • Mar 25, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S4373

TITLE OF BILL: An act to amend the education law, in relation to prohibiting discrimination based on a person's family status or pregnancy status

PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the Education Law to ensure that pregnant students have the same right to protection from discrimination in the school system as their peers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends paragraph (a) of subdivision 1 and paragraphs (a) and (e) of subdivision 3 of § 313 of the Education Law to include "family status" and "pregnancy status" as a protected class from discrimination.

Section 2 of this bill amends § 3201 of the Education Law (and subdivisions (1) and (2) thereof) to include "family status" and "pregnancy status" as a protected class from discrimination.

JUSTIFICATION:

It is vitally important that all students in New York State schools be given the chance to complete their education. However, New York is ranked extremely poorly in the National Women's Law Center's "Ranking of the State Education Laws for Pregnant and Parenting Students". By including "family status" and "pregnancy status" as classes which are. protected from discrimination, New York will help guarantee the rights of pregnant students to be treated fairly in the school system. Protecting the rights of pregnant teenagers in the school system gives those teenagers a much better chance of continuing their education and achieving financial independence after graduation.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4373 2013-2014 Regular Sessions IN SENATE March 25, 2013 ___________
Introduced by Sen. KENNEDY -- 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 prohibiting discrimi- nation based on a person's family status or pregnancy status THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 and paragraphs (a) and (e) of subdivision 3 of section 313 of the education law, as amended by chapter 2 of the laws of 2002, are amended to read as follows: (a) It is hereby declared to be the policy of the state that the Amer- ican ideal of equality of opportunity requires that students, otherwise qualified, be admitted to educational institutions and be given access to all the educational programs and courses operated or provided by such institutions without regard to race, color, sex, religion, creed, mari- tal status, age, sexual orientation as defined in section two hundred ninety-two of the executive law or national origin, except that, with regard to religious or denominational educational institutions, students, otherwise qualified, shall have the equal opportunity to attend therein without discrimination because of race, color, sex, mari- tal status, FAMILY STATUS, PREGNANCY STATUS, age, sexual orientation as defined in section two hundred ninety-two of the executive law or national origin. It is a fundamental American right for members of various religious faiths to establish and maintain educational insti- tutions exclusively or primarily for students of their own religious faith or to effectuate the religious principles in furtherance of which they are maintained. Nothing herein contained shall impair or abridge that right. (a) To exclude or limit or otherwise discriminate against any person or persons seeking admission as students to such institution or to any educational program or course operated or provided by such institution because of race, religion, creed, sex, color, marital status, FAMILY
STATUS, PREGNANCY STATUS, age, sexual orientation as defined in section two hundred ninety-two of the executive law or national origin; except that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference in such selection to such members or to make such selection of its students as is calculated by such institution to promote the religious principles for which it is estab- lished or maintained. Nothing herein contained shall impair or abridge the right of an independent institution, which establishes or maintains a policy of educating persons of one sex exclusively, to admit students of only one sex. (e) It shall not be an unfair educational practice for any educational institution to use criteria other than race, religion, creed, sex, color, marital status, FAMILY STATUS, PREGNANCY STATUS, age, sexual orientation as defined in section two hundred ninety-two of the execu- tive law or national origin in the admission of students to such insti- tution or to any of the educational programs and courses operated or provided by such institution. S 2. Section 3201 of the education law, as amended by chapter 342 of the laws of 1969, is amended to read as follows: S 3201. Discrimination on account of race, creed, color, FAMILY STATUS, PREGNANCY STATUS, or national origin prohibited. 1. No person shall be refused admission into or be excluded from any public school in the state of New York on account of race, creed, color, FAMILY STATUS, PREGNANCY STATUS, or national origin. 2. Except with the express approval of a board of education having jurisdiction, a majority of the members of such board having been elected, no student shall be assigned or compelled to attend any school on account of race, creed, color, FAMILY STATUS, PREGNANCY STATUS, or national origin, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at any school, of persons of one or more particular races, creeds, colors, FAMILY STATUSES, PREG- NANCY STATUSES, or national origins; and no school district, school zone or attendance unit, by whatever name known, shall be established, reor- ganized or maintained for any such purpose, provided that nothing contained in this section shall prevent the assignment of a pupil in the manner requested or authorized by his parents or guardian, and further provided that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its pupils exclusively or primarily from members of such reli- gion or denomination or from giving preference to such selection to such members or to make such selection to its pupils as is calculated to promote the religious principle for which it is established. S 3. This act shall take effect immediately.

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