NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6792
SPONSOR: Fall TITLE OF BILL:
An act to amend the education law, in relation to prohibiting discrimi-
nation of students on school property or at a school function based on
religious attire, clothing or facial hair
PURPOSE:
The intent of this legislation is to further protect the religious
rights of all New Yorker's, especially our youth. New York State is a
multicultural state made up of many religious denominations, and we must
make every effort to pursue equal representation.
SUMMARY OF PROVISIONS:
Section 1 amends section 12 of the education law to add the wearing of
attire, clothing, or facial hair in accordance with the requirements of
his or her religion to the list a student shall be protected from
discrimination against on school property or at a school function.
Section 2. This act shall take effect immediately.
JUSTIFICATION:
This legislation was inspired by the recent story about Noor Alexandria
Abukaram who ran a personal-best time in a cross-country meet. In 2019,
the 16-year-old Ohio high school student found out her race didn't count
after its completion. Abukaram was disqualified from her team's meet for
wearing a hijab while in the competition.
Similarly, the same year in New York, a Buffalo student was questioned
by an assistant principal about wearing a hijab in school, and was asked
to provide proof of her faith to continue wearing it. A few years earli-
er in 2017, a substitute teacher ordered a second-grade Bronx student to
remove her hijab. When she did not comply, he ripped it from her head.
Currently, NYS statute already prohibits discrimination of students
based on "religion" or "religious practice" on school property or at
school functions in section 12 of the Education Law, which would include
sporting events (the definition of "school function" is in section 11).
While religious attire, clothing and facial hair would likely be consid-
ered a religious practice, this bill would make clear that no student
should be subjected to any such discrimination, protecting students from
the situations described above.
LEGISLATIVE HISTORY:
01/03/24 referred to education
03/27/24 PASSED SENATE
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6792
2025-2026 Regular Sessions
IN ASSEMBLY
March 14, 2025
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to prohibiting discrimi-
nation of students on school property or at a school function based on
religious attire, clothing or facial hair
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 12 of the education law, as
2 amended by chapter 102 of the laws of 2012, is amended to read as
3 follows:
4 1. No student shall be subjected to harassment or bullying by employ-
5 ees or students on school property or at a school function; nor shall
6 any student be subjected to discrimination based on a person's actual or
7 perceived race, color, weight, national origin, ethnic group, religion
8 or the wearing of any attire, clothing, or facial hair in accordance
9 with the requirements of the student's religion, religious practice,
10 religious attire, disability, sexual orientation, gender, or sex by
11 school employees or students on school property or at a school function.
12 Nothing in this subdivision shall be construed to prohibit a denial of
13 admission into, or exclusion from, a course of instruction based on a
14 person's gender that would be permissible under section thirty-two
15 hundred one-a or paragraph (a) of subdivision two of section twenty-
16 eight hundred fifty-four of this chapter and title IX of the Education
17 Amendments of 1972 (20 U.S.C. section 1681, et. seq.), or to prohibit,
18 as discrimination based on disability, actions that would be permissible
19 under section 504 of the Rehabilitation Act of 1973.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04370-01-5
