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October, 2005
MEMORANDUM
TO: New York Area Rabbis, Synagogue & Community Leadership
CC: New York JLIC Directors, NY NCSY Directors
FROM: Orthodox Union, Institute for Public Affairs
DATE: September 2005/Elul 5765
RE: College/University Students & High Holidays Issues
The Orthodox Union’s Institute for Public Affairs calls your
attention to Section 224-a of the New York Education Law. This
section, especially relevant given the way the holidays fall out
this year requires accommodation for those students absent from
class or unable to meet class obligations due to religious
observance.
Specifically the statute requires:
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Any
student unable to attend classes on particular days is
excused from “any examination or any study or work
requirements”.
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The
faculty and administrative officials must make available “an
equivalent opportunity to register for classes” as well as
make ups for any examination, study or work requirements
which they miss.
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No fees
may be charged to students for these accommodations.
A copy of
the section is attached as an appendix.
If you have any questions or need further information, please
contact the IPA’s offices at 212-613-8123 or 202-513-6484. (you
may also e-mail the IPA’s Deputy Director, Howie Beigelman
directly at
howieb@ou.org).
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Section
224-a of the New York Education Law:
Religious Accommodations at Institutions of Higher Learning.
§ 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.
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