Bill Text: NY A08123 | 2017-2018 | General Assembly | Amended


Bill Title: Prohibits public schools from denying admission to unvaccinated students if their parents submit a form stating that such vaccinations are contrary to their genuine and sincere religious beliefs.

Spectrum: Slight Partisan Bill (Democrat 26-15)

Status: (Introduced - Dead) 2018-04-17 - print number 8123b [A08123 Detail]

Download: New_York-2017-A08123-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8123--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 31, 2017
                                       ___________
        Introduced  by M. of A. GOTTFRIED, SEPULVEDA, BENEDETTO, THIELE, WEPRIN,
          PALUMBO, McDONOUGH, BARRON, PAULIN, BYRNE, MURRAY, MONTESANO,  COLTON,
          NORRIS,   CRESPO,   MORINELLO,   HIKIND,  TAYLOR,  ABBATE,  GARBARINO,
          LAWRENCE, KIM, BRABENEC, PICHARDO, WILLIAMS, CURRAN,  RIVERA,  DICKENS
          --  Multi-Sponsored by -- M. of A. DE LA ROSA, FITZPATRICK, RA -- read
          once  and  referred  to  the  Committee  on  Education  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the education law, in relation to admission  of  certain
          unvaccinated students to public schools
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 3201-b
     2  to read as follows:
     3    § 3201-b.  Procedure for religious exemption from vaccination require-
     4  ment. 1.  Legislative intent. The legislature hereby finds and  declares
     5  that  to  effectuate the provisions of subdivision nine of section twen-
     6  ty-one hundred sixty-four of the public health law, a uniform form  that
     7  shall be used by parents is necessary.
     8    2.  The  definitions of terms in section twenty-one hundred sixty-four
     9  of the public health law shall apply to this section. This section shall
    10  only apply with respect to admission or receiving  of  a  child  into  a
    11  school or attending a school referred to in section one of article elev-
    12  en  of  the  New  York  state  constitution, including a charter school,
    13  pursuant to subdivision nine of section twenty-one hundred sixty-four of
    14  the public health law.
    15    3. Where a child's parent, parents  or  guardian  claim  that  section
    16  twenty-one  hundred  sixty-four of the public health law shall not apply
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09643-11-7

        A. 8123--B                          2
     1  to the child because the parent, parents, or guardian hold  genuine  and
     2  sincere  religious  beliefs which are contrary to the practices required
     3  in such section, the child shall be deemed to have  complied  with  that
     4  section  and  no  certificate  under that section shall be required as a
     5  prerequisite to such child being admitted or  received  into  school  or
     6  attending  school  pursuant  to  subdivision  nine of section twenty-one
     7  hundred sixty-four of the public health law, provided that  the  parent,
     8  parents  or  guardian file with the school a religious beliefs exemption
     9  form under subdivision four of this section.
    10    4. Religious beliefs exemption form. Any parent, parents, or  guardian
    11  requesting an exemption from the vaccination requirements of subdivision
    12  nine  of  section twenty-one hundred sixty-four of the public health law
    13  based upon his, her or their genuine and sincere religious beliefs  that
    14  are  contrary to the practices prescribed by such section shall complete
    15  the following religious beliefs exemption form  and  file  it  with  the
    16  school:
    17  RELIGIOUS BELIEFS VACCINATION EXEMPTION FORM
    18  (a) Name(s) of parent, parents or guardian: _____________________
    19  (b) Name of child: _______________________
    20  (c) Child's birthdate: ____________________
    21  (d) Child's home address: __________________
    22  I/we  __________________,  as  the  parent,  parents, or guardian of the
    23  above-named child, request a religious beliefs exemption from the vacci-
    24  nation requirements of Public Health Law section  2164  for  such  child
    25  because I/we hold a genuine and sincere religious belief that is contra-
    26  ry to such vaccination practices.
    27  ___________________________________________________________
    28  (Signature of parent or guardian) ___________________ (Date)
    29  ____________________________________________________________
    30  (Signature of parent or guardian) ____________________ (Date)
    31    §  2.  This  act shall take effect on the thirtieth day after it shall
    32  have become a law.
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