S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          27
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to establishing the Asian
         Lunar New Year school holiday
         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 3204-a
    2  to read as follows:
    3    S 3204-A. ASIAN LUNAR NEW YEAR SCHOOL HOLIDAY. 1. THE DAY OF THE ASIAN
    4  LUNAR  CALENDAR  DESIGNATED  AS THE FIRST DAY OF A NEW YEAR AND COMMONLY
    5  KNOWN AS "ASIAN LUNAR NEW YEAR'S DAY" SHALL BE A SCHOOL HOLIDAY FOR  ALL
    6  PUBLIC SCHOOLS IN A QUALIFIED SCHOOL DISTRICT.
    7    2.  A  QUALIFIED  SCHOOL DISTRICT, FOR PURPOSES OF THIS SECTION, SHALL
    8  INCLUDE A CITY SCHOOL DISTRICT OF A CITY  HAVING  A  POPULATION  OF  ONE
    9  MILLION  OR  MORE INHABITANTS AND HAVING AN ASIAN POPULATION EQUAL TO OR
   10  GREATER THAN SEVEN AND ONE-HALF PERCENT THEREOF. THE  ASIAN  POPULATION,
   11  FOR  PURPOSES  OF  THIS SECTION, SHALL INCLUDE THOSE PERSONS, ADULTS AND
   12  CHILDREN, WHO ARE FULLY OR PARTIALLY OF ASIAN DESCENT AND SHALL  INCLUDE
   13  ALL  THOSE  PERSONS  AND ETHNIC GROUPS IDENTIFIED AS ASIAN BY THE UNITED
   14  STATES CENSUS BUREAU FOR PURPOSES  OF  THE  YEAR  TWO  THOUSAND  FEDERAL
   15  DECENNIAL CENSUS.
   16    3. THE SCHOOL AUTHORITIES OF EVERY QUALIFIED SCHOOL DISTRICT ARE HERE-
   17  BY  AUTHORIZED  AND  DIRECTED  TO  CAUSE  ALL PUBLIC SCHOOLS WITHIN SUCH
   18  DISTRICT TO BE CLOSED ON ASIAN LUNAR NEW YEAR DAY.
   19    S 2. Section 3604 of the education law is  amended  by  adding  a  new
   20  subdivision 7-a to read as follows:
   21    7-A.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, FOR PURPOSES OF ANY
   22  CALCULATION UNDER SUBDIVISION  SEVEN  OR  EIGHT  OF  THIS  SECTION,  THE
   23  COMMISSIONER  SHALL DISREGARD ANY REDUCTION RESULTING FROM OBSERVANCE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00159-01-1
       S. 27                               2
    1  THE ASIAN LUNAR NEW YEAR AND, IF NECESSARY, SUCH OBSERVED HOLIDAY  SHALL
    2  BE CALCULATED AS A SESSION DAY.
    3    S 3. This act shall take effect on the one hundred twentieth day after
    4  it  shall  have  become a law; provided that any and all rules and regu-
    5  lations and any other measures necessary to implement any  provision  of
    6  this act on its effective date may be promulgated and taken, respective-
    7  ly, on or before such effective date.