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. LBD09427-02-9S. 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.