SUNY Oneonta

Education Law

224.a. Students unable because of religious beliefs to attend classes on certain days.

1. No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that he is unable, because of his religious beliefs, to attend classes or to participate in any examination, study or work requirements on a particular day or days.

2. Any student in an institution of higher education who is unable, because of his religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.

3. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school, because of his religious beliefs, an equivalent opportunity to make up any examination, study or work requirements which he may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to the said student such equivalent opportunity.

4. If classes, examinations, study or work requirements are held on Friday after four o’clock post meridian or on Saturday, similar or makeup classes, examinations, study or work requirements shall be made available on other days, where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, examinations, study or work requirements held on other days.

5. In effectuation the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of his availing himself of the provisions of this section.

6. Any student, who is aggrieved by the alleged failure of any faculty or administrative official to comply in good faith with the provisions of this section, shall be entitled to maintain an action or proceeding in the supreme court of the county in which such institution of higher education is located for the enforcement of his rights under this section.

6-a. A copy of this section shall be published by each institution of higher education in the catalog of such institution containing the listing of available courses.

7. As used in this section, the term "institution of higher education" shall mean schools under the control of the board of trustees of the state university of New York or of the board of higher education of the city of New York or any community college.

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