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Ortt Proposes School Holiday Opt-Out

State Sen. Rob Ortt, R-Buffalo, is pictured speaking during a news conference in June.

The minority leader of the state Senate wants to allow New York schools to opt out of state-designated religious or cultural holidays.

Sen. Rob Ortt, R-Buffalo, has introduced a bill (S.8501) that would allow school districts to opt out of holidays observed by less than 10% of the district’s population. Schools would be encouraged to accommodate those who celebrate a state-designated cultural or religious holidays that isn’t observed in school if a school opts out. Ortt’s bill would not apply to federally designated holidays.

“This bill would give greater control to school districts over their academic calendars, and further give them the flexibility needed to minimize disruptions in teaching. While emergency snow and extreme weather days cut into the school year, schools end up keeping students later into the summer to ensure they achieve the state mandated 180

school days per school year,” Ortt said in his legislative justification.

New York schools added Asian Lunar New Year, Diwali, and Eid al-Adha as new holidays starting in the 2024-2025 school year to recognize cultural celebrations. These holidays were established by legislation signed by Governor Kathy Hochul in late 2023, with the initial focus on Lunar New Year. The state is the first to close schools for Lunar New Year.

“By designating Lunar New Year as an official school holiday, we are taking an important step in recognizing the importance of New York’s AAPI community and the rich diversity that makes New York so great,” Governor Hochul said. “It is not just a day off from school – it is an opportunity for our children to learn about and celebrate their own or different cultures and traditions.”

There were at least eight bills introduced in the state Legislature that would add holidays to the school calendar. While Hochul has approved Diwali and Eid al-Adha as New York City school holidays, there has been legislation

introduced that would extend Diwali as a day off for all schools. Among them are A.1594, which would add Sept. 11 as a public holiday each year. A.2598 would add Eid al-Fitr and Eid al-Adha to the list of days school cannot be in session in municipalities with a population of more than 50,000. Municipalities and school districts with populations under 50,000 would be allowed to opt into the holiday observance but would not be required to do so.

A.3902 would make Pulaski Day, the final Friday in October, a school holiday while A.4920 would establish Three King’s day as a school holiday for all public schools in a city school district of a city having a population of one million or more inhabitants.

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