NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A591
SPONSOR: Paulin TITLE OF BILL:
An act to amend the education law, in relation to requiring minors who
are five years old to attend kindergarten instruction
PURPOSE OR GENERAL IDEA OF BILL:
To require all 5-year-olds in Rockland and Westchester counties to
attend kindergarten instruction.
SUMMARY OF SPECIFIC PROVISIONS:,:
Section one amends subdivision 2 of section 3205 of the education law by
adding a new paragraph d to provide that in each school district in the
counties of Rockland and Westchester; minors who are five years of age
on or before December first shall attend kindergarten instruction.
JUSTIFICATION:
Attending kindergarten should not be optional. Years of research has
proven that kindergarten is a crucial time in the development. of chil-
dren and that those who attend kindergarten perform better in school.
The state education law states that 5-yeat-olds are-entitled to a free
public education, yet school attendance is not compulsory until a child
is 6 Years of age: Due to this anomaly, a school district that did not
offer kindergarten: instruction would be required to enroll a 5-year-old
and place them in a first grade class. This is not an appropriate place-
ment for a 5 year-old. Additionally, many parents are not aware of this
law, especially those with less education or living in high-needs areas,
whose children would benefit the most from kindergarten.
While all the school districts in the state currently offer kindergar-
ten, some districts facing budgetary challenges have threatened to elim-
inate it since it is not required by law in most of the state. New York
City, Syracuse, Rochester, Utica, Buffalo, and Yonkers already require
all 5-year-olds to attend kindergarten instruction. This legislation
will add: Rockland and Westchester counties, both of which have recently
had school districts threaten to eliminate kindergarten instruction.
Children must be protected from the baseless threat that kindergarten
will be eliminated:
PRIOR LEGISLATIVE HISTORY:
A1170, 2023 and 2024, referred to education.
A.5006, 2021 and 2022, referred to education.
A.483, 2019 and 2020, referred to education.
A.2043, 2017 and 2018, referred to education.
A.144, 20.15 and 2016 referred to education. Same as 5,876, 2015 and
2016. referred to education.
A.5786-A, 2013 referred to education and 2014 held for consideration in
education.
Same as 5.5056, 2013 referred to education and 2014 passed Senate.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
The first of July next succeeding the date on which the bill shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
591
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PAULIN, COOK, STECK, HEVESI -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring minors who
are five years old to attend kindergarten instruction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 3205 of the education law is
2 amended by adding a new paragraph d to read as follows:
3 d. In each school district in the counties of Rockland and Westches-
4 ter, minors who are five years of age on or before December first shall
5 attend kindergarten instruction, however, the provisions of this para-
6 graph shall not apply to:
7 (i) Minors whose parents elect not to enroll their children in school
8 until the following September.
9 (ii) Students enrolled in non-public schools or in home instruction.
10 § 2. This act shall take effect on the first of July next succeeding
11 the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02043-01-5
