STATE OF NEW YORK
________________________________________________________________________
878
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. PAULIN, FAHY, McDONOUGH -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to the compulsory age for
full time instruction and certain related exceptions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 11 of section 2 of the education law, as
2 amended by chapter 363 of the laws of 1990, is amended to read as
3 follows:
4 11. Compulsory school ages. The term "child of compulsory school age"
5 means any child [between six and sixteen years of age] lawfully required
6 to attend upon instruction pursuant to section thirty-two hundred five
7 of this chapter.
8 § 2. Subdivision 1, paragraph c of subdivision 2 and subdivision 3 of
9 section 3205 of the education law, subdivision 1 as amended by chapter
10 262 of the laws of 1959, paragraphs a and b of subdivision 1 as amended
11 by chapter 296 of the laws of 1969, paragraph c of subdivision 1 as
12 amended by chapter 518 of the laws of 1993, paragraph c of subdivision 2
13 as amended by chapter 703 of the laws of 2019 and subdivision 3 as
14 amended by chapter 183 of the laws of 2004, are amended to read as
15 follows:
16 1. a. In each school district of the state, each minor from [six] five
17 to sixteen years of age shall attend upon full time instruction.
18 b. Each minor from [six] five to sixteen years of age on an Indian
19 reservation shall attend upon full time day instruction.
20 c. For purposes of this article, a minor who becomes [six] five years
21 of age on or before the first of December in any school year or on or
22 before a later date in such school year, not later than December thir-
23 ty-first, established by the trustees or board of education for admis-
24 sion to the public schools in such minor's school district of residence
25 shall be required to attend upon full time instruction from the first
26 day that the appropriate public schools are in session in September of
27 such school year, and a minor who becomes [six] five years of age after
28 the first of December in any school year or a later date in such school
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02215-01-3
A. 878 2
1 year, not later than December thirty-first, established by the trustees
2 or board of education for admission to the public schools in such
3 minor's school district of residence shall be required to attend upon
4 full time instruction from the first day of session in the following
5 September; and, except as otherwise provided in subdivision three of
6 this section, shall be required to remain in attendance until the last
7 day of session in the school year in which the minor becomes sixteen
8 years of age.
9 c. [The board of education of every school district within the state
10 is 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 3. In each school district, the board of education shall have power to
17 require minors from sixteen to seventeen years of age who are not
18 employed to attend upon full time day instruction until the last day of
19 session in the school year in which the student becomes seventeen years
20 of age.] A minor who will become five years of age in any school year
21 and whose parent elects not to enroll their child in school in such
22 school year and submits a notice of election pursuant to the provisions
23 of this paragraph shall not be required to attend upon full time
24 instruction until the first day of session in September of the following
25 school year. The parent shall submit a written notice to the superinten-
26 dent of schools of their child's school district of residence of their
27 election not to enroll their child by no later than the first day of
28 April preceding the school year in which the child becomes five years of
29 age, provided however that where the child's school district of resi-
30 dence changes after such date, the parent may submit such notice within
31 thirty days after establishing residence in the new school district. The
32 trustees or board of education shall send written notice to the parents
33 of each child identified through the school census or child find who
34 might be eligible to make an election pursuant to this paragraph by no
35 later than the preceding March first. The superintendent of schools
36 shall not reject a notice of election submitted by a parent as untimely
37 if the parent establishes that the district failed to provide timely
38 notice to the parent or that the delay was caused by factors beyond the
39 control of the parent, including but not limited to, the parent's
40 absence from the state or country for military service, the parent's
41 incapacity due to illness or disability, disruption of mail service due
42 to severe weather conditions, loss of electricity or other emergency
43 conditions, and the parent's inability to understand the school
44 district's notice because it was not submitted in the native language or
45 other mode of communication used by the parent. The commissioner shall
46 prescribe the form of the notices required by this paragraph and shall
47 be authorized to adopt regulations to implement this paragraph. Nothing
48 in this subdivision shall be construed to authorize school officials to
49 deny admission to a student who is entitled to attend school pursuant to
50 subdivision one of section thirty-two hundred two of this part and whose
51 parent has previously filed a notice of election pursuant to this para-
52 graph for the school year.
53 § 3. This act shall take effect on the first of July next succeeding
54 the date on which it shall have become a law.
