Bill Text: NY S06141 | 2017-2018 | General Assembly | Amended

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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 (Republican 10-5)

Status: (Introduced - Dead) 2018-05-31 - REPORTED AND COMMITTED TO FINANCE [S06141 Detail]

Download: New_York-2017-S06141-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6141--D
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sens. GOLDEN, ALCANTARA, AVELLA, BOYLE, GALLIVAN, HAMIL-
          TON, LANZA, MURPHY -- 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  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to the Committee on Education  in  accordance
          with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        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
    17  to the child because the parent, parents, or guardian hold  genuine  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09643-10-7
        S. 6141--D                          2
     1  sincere  religious  beliefs which are contrary to the practices required
     2  in such section, the child shall be deemed to have  complied  with  that
     3  section  and  no  certificate  under that section shall be required as a
     4  prerequisite  to  such  child  being admitted or received into school or
     5  attending school pursuant to  subdivision  nine  of  section  twenty-one
     6  hundred  sixty-four  of the public health law, provided that the parent,
     7  parents or guardian file with the school a religious  beliefs  exemption
     8  form under subdivision four of this section.
     9    4.  Religious beliefs exemption form. Any parent, parents, or guardian
    10  requesting an exemption from the vaccination requirements of subdivision
    11  nine of section twenty-one hundred sixty-four of the public  health  law
    12  based  upon his, her or their genuine and sincere religious beliefs that
    13  are contrary to the practices prescribed by such section shall  complete
    14  the  following  religious  beliefs  exemption  form and file it with the
    15  school:
    16  RELIGIOUS BELIEFS VACCINATION EXEMPTION FORM
    17  (a) Name(s) of parent, parents or guardian: _____________________
    18  (b) Name of child: _______________________
    19  (c) Child's birthdate: ____________________
    20  (d) Child's home address: __________________
    21  I/we __________________, as the parent,  parents,  or  guardian  of  the
    22  above-named child, request a religious beliefs exemption from the vacci-
    23  nation  requirements  of  Public  Health Law section 2164 for such child
    24  because I/we hold a genuine and sincere religious belief that is contra-
    25  ry to such vaccination practices.
    26  ___________________________________________________________
    27  (Signature of parent or guardian) ___________________ (Date)
    28  ____________________________________________________________
    29  (Signature of parent or guardian) ____________________ (Date)
    30    § 2. This act shall take effect on the thirtieth day  after  it  shall
    31  have become a law.