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
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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.
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