PRINTER'S NO. 198
No. 207 Session of 1999
INTRODUCED BY L. I. COHEN, THOMAS, YOUNGBLOOD, SATHER, BELFANTI, SCRIMENTI, ROEBUCK, CURRY, PLATTS, HENNESSEY, TRELLO, HERMAN, PRESTON, JAMES, BELARDI, RAMOS, C. WILLIAMS, PISTELLA, FREEMAN, MASLAND, TULLI, MYERS, WASHINGTON, JOSEPHS, E. Z. TAYLOR, SERAFINI, S. MILLER, HORSEY AND STEELMAN, JANUARY 28, 1999
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 28, 1999
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," providing for unfair educational practices 11 involving religious holidays. 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: 20 (1) To expel, suspend, punish, deny facilities to or
1 otherwise discriminate against any student who is unable, 2 because of the student's observance of a religious holiday, to 3 attend classes or to participate in any examination, study or 4 work requirements on a particular day or days. 5 (2) To deny any student who is absent because of the 6 student's observance of a religious holiday any award or the 7 opportunity to compete for any award. 8 (3) To deprive any student who is unable, because of the 9 student's observance of a religious holiday, to attend classes 10 on a particular day or days the opportunity to take an 11 alternative examination or to make up any study or work 12 requirements which is missed because of such absence. 13 (b) It shall be the duty of the faculty and of the 14 administrative officials of each educational institution to make 15 available to each student who is absent from the educational 16 institution because of the student's observance of a religious 17 holiday an equivalent opportunity to compete for any award and 18 to make up any examination, study or work requirements or class 19 which is missed because of such absence on any particular day or 20 days. No fees of any kind shall be charged by the educational 21 institution for making available to the student such equivalent 22 opportunity. 23 (c) Any absence from an educational institution because of a 24 student's observance of a religious holiday shall be recorded as 25 an excused absence on the student's attendance record or on the 26 record of any group or class of which the student is a member. 27 Any transcript, application, employment form or any similar form 28 on which information concerning a student's attendance record is 29 requested shall show, with respect to absences, only absences 30 other than absences excused because of the student's observance 19990H0207B0198 - 2 -
1 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 because of the application of this section. 7 (e) A copy of this section shall be published by each 8 educational institution in the catalog or similar publication or 9 document which contains the educational institution's rules and 10 regulations or lists the educational institution's available 11 courses. 12 (f) For purposes of this section, the term "educational 13 institution" shall include a religious or denominational 14 educational institution as those terms are defined under this 15 act. 16 Section 2. This act shall take effect in 60 days. A12L24JRW/19990H0207B0198 - 3 -