S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1437

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   February 2, 2009
                                      ___________

       Introduced  by  Sens.  DILAN,  DIAZ, HASSELL-THOMPSON, HUNTLEY, KRUEGER,
         ONORATO, PARKER, SAMPSON -- read twice and ordered printed,  and  when
         printed to be committed to the Committee on Education

       AN ACT to amend the education law, in relation to increasing the compul-
         sory  school  age  to  eighteen and extending age eligibility to under
         twenty-two years

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Paragraph a of subdivision 1 and subdivision 3 of section
    2  3205 of the education law, paragraph a of subdivision 1  as  amended  by
    3  chapter  296 of the laws of 1969 and subdivision 3 as amended by chapter
    4  183 of the laws of 2004, are amended to read as follows:
    5    a. In each school district of  the  state,  each  minor  from  six  to
    6  [sixteen] EIGHTEEN years of age shall attend upon full time instruction,
    7  UNLESS SUBDIVISION THREE OF THIS SECTION APPLIES.
    8    3. In each school district, the board of education shall have power to
    9  [require]  EXCLUDE  minors from sixteen to [seventeen] EIGHTEEN years of
   10  age [who are not employed to attend upon] FROM ATTENDING full  time  day
   11  instruction  until  the  last day of session in the school year in which
   12  the student becomes [seventeen] EIGHTEEN years of age IF  THE  BOARD  OF
   13  EDUCATION  DETERMINES  THAT  THE MINOR MEETS AN EXCEPTION ESTABLISHED IN
   14  PARAGRAPH A OR B OF SUBDIVISION ONE OF THIS SECTION OR  THAT  THE  MINOR
   15  HAS PASSED A HIGH SCHOOL EQUIVALENCY EXAMINATION.
   16    S 2. Subdivision 1 of section 3202 of the education law, as amended by
   17  chapter 106 of the laws of 2003, is amended to read as follows:
   18    1.  A  person over five and under [twenty-one] TWENTY-TWO years of age
   19  who has not received a high school diploma is  entitled  to  attend  the
   20  public  schools  maintained in the district in which such person resides
   21  without the payment of tuition. Provided further that  such  person  may
   22  continue  to  attend  the  public  school  in  such district in the same
   23  manner, if temporarily residing outside the boundaries of  the  district

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05055-01-9
       S. 1437                             2

    1  when  relocation  to  such  temporary residence is a consequence of such
    2  person's parent or person  in  parental  relationship  being  called  to
    3  active  military  duty,  other  than training. Notwithstanding any other
    4  provision  of  law  to  the  contrary,  the school district shall not be
    5  required to provide transportation between a temporary residence located
    6  outside of the school district and  the  school  the  child  attends.  A
    7  veteran of any age who shall have served as a member of the armed forces
    8  of  the United States and who shall have been discharged therefrom under
    9  conditions other than dishonorable, may attend any of the public schools
   10  of the state upon conditions prescribed by the board of  education,  and
   11  such  veterans  shall  be  included  in  the  pupil  count for state aid
   12  purposes. A nonveteran under [twenty-one] TWENTY-TWO years  of  age  who
   13  has  received a high school diploma shall be permitted to attend classes
   14  in the schools of the district in which such  person  resides  or  in  a
   15  school  of  a  board of cooperative educational services upon payment of
   16  tuition under such terms and conditions as shall be established in regu-
   17  lations promulgated by  the  commissioner;  provided,  however,  that  a
   18  school  district  may  waive the payment of tuition for such nonveteran,
   19  but in any case such a nonveteran who has received a high school diploma
   20  shall not be counted  for  any  state  aid  purposes.  Nothing  [herein]
   21  contained  IN  THIS SECTION shall, however, require a board of education
   22  to admit a child who becomes five years of age after the school year has
   23  commenced unless his birthday occurs on or before the first of December.
   24    S 3. This act shall take effect on the first of July  next  succeeding
   25  the date on which it shall have become a law.