PRIOR PRINTER'S NO. 1718 PRINTER'S NO. 3143
No. 1521 Session of 1993
INTRODUCED BY L. I. COHEN, PETRONE, CAWLEY, M. N. WRIGHT,
TRELLO, LAUB, REBER, STABACK, YEWCIC, BAKER, FREEMAN, DENT,
ROONEY, HARLEY, MILLER, STEELMAN, E. Z. TAYLOR, HASAY,
CORNELL, GEIST, LAUGHLIN, DeWEESE, TOMLINSON, HENNESSEY AND
CURRY, MAY 5, 1993
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 1, 1994
AN ACT
1 Amending the act of July 17, 1961 (P.L.776, No.341), entitled,
2 as amended, "An act declaring the policy of the Commonwealth
3 with regard to discriminatory practices in educational
4 institutions based upon race, religion, color, ancestry,
5 national origin or sex; prohibiting such discriminatory
6 practices; providing for procedure and enforcement; providing
7 for judicial review; providing for administration by the
8 Pennsylvania Human Relations Commission in the Department of
9 Labor and Industry; and defining its functions, powers and
10 duties hereunder," further providing for unfair educational
11 practices.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of July 17, 1961 (P.L.776, No.341), known
15 as the Pennsylvania Fair Educational Opportunities Act, is
16 amended by adding a section to read:
17 Section 4.1. Unfair Educational Practices Involving
18 Observance of Religious Holidays.--(a) It shall be an unfair
19 educational practice for an educational institution, INCLUDING A <--
20 RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTION:
1 (1) To expel, suspend, punish, deny facilities to or
2 otherwise discriminate against any student who is unable,
3 because of observance of a religious holiday, to attend classes
4 or to participate in any examination, study or work requirements
5 on a particular day or days.
6 (2) To deny any student who is absent because of observance
7 of a religious holiday any award or the opportunity to compete
8 for any award.
9 (3) To deprive any student who is unable, because of
10 observance of a religious holiday, to attend classes on a
11 particular day or days the opportunity to take an alternative
12 test or examination or to make up any study or work requirements
13 which he missed because of such absence.
14 (b) It shall be the duty of the faculty and of the
15 administrative officials of each educational institution to make
16 available to each student who is absent from the educational
17 institution because of observance of a religious holiday an
18 equivalent opportunity to compete for any award and to make up
19 any examination, study or work requirements or class which he
20 may have missed because of such absence on any particular day or
21 days. No fees of any kind shall be charged by the educational
22 institution for making available to the student such equivalent
23 opportunity.
24 (c) Any absence because of a student's observance of a
25 religious holiday shall be recorded as an excused absence on the
26 student's attendance record or on the record of any group or
27 class of which he is a member. Any transcript, application,
28 employment form or any similar form on which information
29 concerning a student's attendance record is requested shall
30 show, with respect to absences, only absences other than
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1 absences excused because of observance of religious holidays.
2 (d) In effectuating the provisions of this section, it shall
3 be the duty of the faculty and of the administrative officials
4 of each educational institution to exercise the fullest measure
5 of good faith. No adverse or prejudicial effects shall result to
6 any student for the reason that he has availed himself of the
7 provisions of this section.
8 (e) A copy of this section shall be published by each
9 educational institution in the catalog which contains the
10 educational institution's rules and regulations or lists the
11 educational institution's available courses.
12 Section 2. This act shall take effect in 60 days.
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