Asian Lunar New Year & Diwali Guidance

Asian Lunar New Year

Diwali

    Asian Lunar New Year

    Chapter 359 of the laws of 2023 was signed September 9, 2023.  This law prohibits school districts from holding session on Asian Lunar New Year.  Please find a small set of common questions and answers below:

  1. What does this Lunar New Year law do?

  2. This law prohibits school districts in New York State from holding session on the first day of the second lunar month after the winter solstice in the preceding calendar year, known as Asian Lunar New Year. This law does not add Lunar New Year to the list of legal holidays as defined in General Construction Law §24.

  3. Which districts are not allowed to hold session on Lunar New Year?

  4. No school district in New York State that receives foundation aid under §3602 is allowed to hold session on Lunar New Year.

  5. When does this law take effect?

  6. This law is effective as of July 1, 2023, and will be effective for calendars in the 2023-2024 school year. However, since Lunar New Year falls on Saturday February 10, 2024, there will be no impact on 2023-24 school calendars.

  7. Does Lunar New Year count towards 180 days of session?

  8. No. Education Law §3604(7) requires that public schools must be in session and taught by qualified teacher(s) for not less than 180-days, with limited exceptions specifically outlined in the law. As no session is occurring, Lunar New Year does not count towards the 180-day minimum.

  9. If Lunar New Year falls on a Sunday, must it be observed on a Monday?

  10. No. General Construction Law §24 establishes state holidays and provides for Monday observance when holidays fall on Sunday. The new law prohibits school on Lunar New Year but does not add it to the list of holidays under GCN §24, so Monday observance is not required.

  11. May a school district hold a superintendent’s conference day on Lunar New Year?

  12. No. Education Law §3604(8) provides “staff development [may be provided] on any day during which sessions are allowed” with an exception that allows holding superintendent’s conference days in the last two weeks of August.

  13. Does the law provide any additional scheduling flexibility with respect to holidays, start or end dates?

  14. No.

  15. Do districts need to provide services to nonpublic and charter schools, such as transportation, if they are in session on Lunar New Year?

  16. The law does not change district obligations to nonpublic or charter schools. See the FAQ on transportation for student enrolled in nonpublic schools for more information.


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    Diwali


    Chapter 629 of the laws of 2023 was signed November 14, 2023. It makes Diwali a holiday for public schools in the City of New York. Please find a small set of common questions and answers below:

  17. What does the Diwali law do?

  18. This law makes the fifteenth day of the eighth month of the Indian calendar, known as Diwali, a holiday for the New York City School District.

  19. Which districts must observe Diwali?

  20. This law makes Diwali a holiday only for the New York City School District.

  21. When does this law take effect?

  22. This law is effective as of July 1, 2023, and will be effective for calendars in the 2023-2024 school year. However, since Diwali fell on Sunday November 12, 2023, the law did not impact 2023-24 school calendars.

  23. Does Diwali count towards 180 days of session?

  24. No. Education Law §3604(7) requires public schools are actually in session and taught by qualified teacher(s) for not less than 180-days, with limited exceptions specifically outlined in the law. As no session is occurring, Diwali does not count towards the 180-day minimum.

  25. If Diwali falls on a Sunday, must New York City Public Schools observe this holiday on a Monday?

  26. No. The amendment to education law does not add the holiday to general construction law. Education law does not have a provision requiring Monday observance of holidays that fall on Sunday.

  27. Does the law provide any additional scheduling flexibility with respect to other holidays, start or end dates?

  28. No.

  29. May a school district hold a superintendent’s conference day on Diwali?

  30. No. Education Law §3604(8) provides “staff development [may be provided] on any day during which sessions are allowed” with an exception that allows holding superintendent’s conference days in the last two weeks of August.

  31. Does the New York City School District need to provide services to nonpublic and charter schools, such as transportation, if they are in session on Diwali?

  32. The law adds Diwali to a list of days on which New York City public schools are closed and which nonpublic schools in New York City may include in their request for transportation, within statutory limitations. The law does not change other district obligations to nonpublic or charter schools. See the FAQ on transportation for student enrolled in nonpublic schools for more information.



Last Updated: December 1, 2023