Requires minors under 18 years to attend school on a full-time basis, unless such minor is seventeen or older and enrolled in a vocational or occupational education program, with the consent of the school district and the person in parental relation with the minor; must enroll in GED course until age of 19 years, if the person leaves school.
STATE OF NEW YORK
________________________________________________________________________
3736
2011-2012 Regular Sessions
IN ASSEMBLY
January 27, 2011
___________
Introduced by M. of A. CAMARA -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to attendance of minors
at full-time day instruction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3205 of the education law, subdivision 1 as amended
2 by chapter 262 of the laws of 1959, paragraphs a and b of subdivision 1
3 as amended by chapter 296 of the laws of 1969, paragraph c of subdivi-
4 sion 1 as amended by chapter 518 of the laws of 1993, paragraph b of
5 subdivision 2 as amended by chapter 975 of the laws of 1966, paragraph c
6 of subdivision 2 as added by chapter 546 of the laws of 1987, subdivi-
7 sion 3 as amended by chapter 183 of the laws of 2004, is amended to read
8 as follows:
9 § 3205. Attendance of minors upon full time day instruction. 1. a. In
10 each school district of the state, each minor from six to [sixteen]
11 eighteen years of age shall attend upon full time instruction, except as
12 provided in subdivision four of this section.
13 b. Each minor from six to [sixteen] eighteen years of age on an Indian
14 reservation shall attend upon full time day instruction, except as
15 provided in subdivision four of this section.
16 c. For purposes of this article, a minor who becomes six years of age
17 on or before the first of December in any school year shall be required
18 to attend upon full time instruction from the first day that the appro-
19 priate public schools are in session in September of such school year,
20 and a minor who becomes six years of age after the first of December in
21 any school year shall be required to attend upon full time instruction
22 from the first day of session in the following September; and, except as
23 otherwise provided in subdivision three of this section, shall be
24 required to remain in attendance until the last day of session in the
25 school year in which the minor becomes sixteen years of age.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03882-01-1
A. 3736 2
1 2. Exceptions. a. A minor who has completed a four-year high school
2 course of study or has passed a high school equivalency examination
3 shall not be subject to the provisions of this part [one of this arti-
4 cle] in respect to required attendance upon instruction.
5 b. A minor for whom application for a full-time employment certificate
6 has been made and who is eligible therefor may, though unemployed, be
7 permitted to attend part time school not less than twenty hours per week
8 instead of full time school.
9 c. The board of education of the Syracuse city school district is
10 hereby authorized to require minors who are five years of age on or
11 before December first to attend kindergarten instruction. However, the
12 provisions of this paragraph shall not apply to:
13 (i) Minors whose parents elect not to enroll their children in school
14 until the following September.
15 (ii) Students enrolled in non-public schools or in home instruction.
16 d. A minor seventeen years of age or older who participates, with the
17 consent of the school district and the person in parental relation to
18 such minor, in a course of instruction in vocational or occupational
19 skills shall not be subject to the provisions of this part with respect
20 to required attendance upon instruction.
21 3. In each school district, the board of education shall have power to
22 require minors [from sixteen to seventeen] eighteen years of age who are
23 not employed to attend upon full time day instruction until the last day
24 of session in the school year in which the student becomes [seventeen]
25 eighteen years of age.
26 4. In each school district of the state, each person over the age of
27 eighteen years and under the age of nineteen years, who does not attend
28 upon full-time instruction, shall enroll and participate in a general
29 education development course of study until he or she reaches the age of
30 nineteen years, or he or she passes the high school equivalency examina-
31 tion for such course of study, whichever shall occur first.
32 § 2. This act shall take effect on the first of September next
33 succeeding the date on which it shall have become a law.
