PRINTER'S NO. 1883
No. 1503 Session of 1985
INTRODUCED BY LEVIN, FOX, PIEVSKY, D. R. WRIGHT, ITKIN, COHEN,
MILLER, HAGARTY, NAHILL, FREEMAN, JOSEPHS AND JAROLIN,
JUNE 26, 1985
REFERRED TO COMMITTEE ON EDUCATION, JUNE 26, 1985
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 Religious Beliefs.--(a) It shall be an unfair educational
19 practice for an educational institution:
20 (1) To expel, suspend, punish, deny facilities to or
21 otherwise discriminate against any student who is unable,
22 because of his religious beliefs, to attend classes or to
1 participate in any examination, study or work requirements on a
2 particular day or days.
3 (2) To deny any student who is absent because of his
4 religious beliefs any award or the opportunity to compete for
5 any award.
6 (3) To deprive any student who is unable, because of his
7 religious beliefs, to attend classes on a particular day or days
8 the opportunity to take an alternative test or examination or to
9 make up any study or work requirements which he missed because
10 of such absence.
11 (b) It shall be the duty of the faculty and of the
12 administrative officials of each educational institution to make
13 available to each student who is absent from the educational
14 institution because of his religious beliefs an equivalent
15 opportunity to compete for any award and to make up any
16 examination, study or work requirements or class which he may
17 have missed because of such absence on any particular day or
18 days. No fees of any kind shall be charged by the educational
19 institution for making available to the student such equivalent
20 opportunity.
21 (c) Any absence because of a student's religious beliefs
22 shall be recorded as an excused absence on the student's
23 attendance record or on the record of any group or class of
24 which he is a member. Any transcript, application, employment
25 form or any similar form on which information concerning a
26 student's attendance record is requested shall show, with
27 respect to absences, only absences other than absences excused
28 because of religious beliefs.
29 (d) In effectuating the provisions of this section, it shall
30 be the duty of the faculty and of the administrative officials
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1 of each educational institution to exercise the fullest measure
2 of good faith. No adverse or prejudicial effects shall result to
3 any student for the reason that he has availed himself of the
4 provisions of this section.
5 (e) A copy of this section shall be published by each
6 educational institution in the catalog which contains the
7 educational institution's rules and regulations or lists the
8 educational institution's available courses.
9 Section 2. This act shall take effect in 60 days.
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