Bill Text: NY S03424 | 2019-2020 | General Assembly | Amended


Bill Title: Creates a statewide, uniform religious belief exemption form to be available in all schools.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S03424 Detail]

Download: New_York-2019-S03424-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3424--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the education law, in relation to providing a statewide,
          uniform religious belief exemption form to be available in all 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
    17  to the child because the parent, parents, or guardian hold  genuine  and
    18  sincere  religious  beliefs which are contrary to the practices required
    19  in such section, the child shall be deemed to have  complied  with  that
    20  section  and  no  certificate  under that section shall be required as a
    21  prerequisite to such child being admitted or  received  into  school  or
    22  attending  school  pursuant  to  subdivision  nine of section twenty-one
    23  hundred sixty-four of the public health law, provided that  the  parent,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09427-02-9

        S. 3424--A                          2
     1  parents  or  guardian  file with the district superintendent a religious
     2  beliefs exemption form under subdivision four of this section.
     3    4.  Religious beliefs exemption form. Any parent, parents, or guardian
     4  requesting an exemption from the vaccination requirements of subdivision
     5  nine of section twenty-one hundred sixty-four of the public  health  law
     6  based  upon his, her or their genuine and sincere religious beliefs that
     7  are contrary to the practices prescribed by such section shall  complete
     8  the  following  religious  beliefs  exemption  form and file it with the
     9  district superintendent:
    10  RELIGIOUS BELIEFS VACCINATION EXEMPTION FORM
    11  (a) Name(s) of parent, parents or guardian: _____________________
    12  (b) Name of child: _______________________
    13  (c) Child's birthdate: ____________________
    14  (d) Child's home address: __________________
    15  I/we __________________, as the parent,  parents,  or  guardian  of  the
    16  above-named child, request a religious beliefs exemption from the vacci-
    17  nation  requirements  of  Public  Health Law section 2164 for such child
    18  because I/we hold a genuine and sincere religious belief that is contra-
    19  ry to such vaccination practices.
    20  ___________________________________________________________
    21  (Signature of parent or guardian) ___________________ (Date)
    22  ____________________________________________________________
    23  (Signature of parent or guardian) ____________________ (Date)
    24    5. A parent, guardian, or any other person in a parental  relationship
    25  to  a  child denied school entrance or attendance may appeal by petition
    26  to the commissioner in accordance with the provisions of  section  three
    27  hundred ten of this chapter.
    28    §  2.  This  act  shall take effect on the sixtieth day after it shall
    29  have become a law.
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