New York A 8975: Establishes open enrollment schools

Bill Text

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A08975 Summary:

BILL NOA08975 

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SAME ASSAME AS S09556

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SPONSORCunningham

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COSPNSRMagnarelli, Pheffer Amato, Taylor

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MLTSPNSR

&nbsp

Amd §3202, Ed L

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Establishes open enrollment schools; provides that nonresidents of a district, if otherwise eligible to enroll into a public school of this state are entitled to enroll into the school or schools of another district or city if the nonresident district's board of education has adopted an open enrollment policy and enrolling the nonresident pupil is consistent with such policy.

Go to top A08975 Actions:

BILL NOA08975 

&nbsp

08/13/2025referred to education

01/07/2026referred to education

Go to topA08975 Committee&nbspVotes:

Go to topA08975 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08975 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8975

 2025-2026 Regular Sessions

 IN ASSEMBLY

 August 13, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Education

 AN ACT to amend the education law, in relation to establishing open
 enrollment schools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The section heading of section 3202 of the education law is
 2 amended to read as follows:
 3 [Public] Free public schools [free to resident pupils; tuition from
 4 nonresident pupils].
 5 § 2. Subdivisions 1, 2 and 3 of section 3202 of the education law,
 6 subdivision 1 as amended by section 47 of part PP of chapter 56 of the
 7 laws of 2022, are amended to read as follows:
 8 1. A person over five and under twenty-one years of age who has not
 9 received a high school diploma is entitled to attend the public schools
 10 maintained in the district in which such person resides or to attend an
 11 open enrollment school, as set forth in subdivision two of this section,
 12 without the payment of tuition. Provided further that such person may
 13 continue to attend the public school in such district in the same
 14 manner, if temporarily residing outside the boundaries of the district
 15 when relocation to such temporary residence is a consequence of such
 16 person's parent or person in parental relationship being called to
 17 active military duty, other than training. Notwithstanding any other
 18 provision of law to the contrary, the school district shall not be
 19 required to provide transportation between a temporary residence located
 20 outside of the school district and the school the child attends. A
 21 veteran of any age who shall have served as a member of the armed forces
 22 of the United States and who (a) shall have been discharged therefrom
 23 under conditions other than dishonorable, or (b) has a qualifying condi-
 24 tion, as defined in section one of the veterans' services law, and has
 25 received a discharge other than bad conduct or dishonorable from such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13011-01-5

 A. 8975 2

 1 service, or (c) is a discharged LGBT veteran, as defined in section one
 2 of the veterans' services law, and has received a discharge other than
 3 bad conduct or dishonorable from such service, may attend any of the
 4 public schools of the state upon conditions prescribed by the board of
 5 education, and such veterans shall be included in the pupil count for
 6 state aid purposes. A nonveteran under twenty-one years of age who has
 7 received a high school diploma shall be permitted to attend classes in
 8 the schools of the district in which such person resides or in a school
 9 of a board of cooperative educational services upon payment of tuition
 10 under such terms and conditions as shall be established in regulations
 11 promulgated by the commissioner; provided, however, that a school
 12 district may waive the payment of tuition for such nonveteran, but in
 13 any case such a nonveteran who has received a high school diploma shall
 14 not be counted for any state aid purposes. Nothing herein contained
 15 shall, however, require a board of education to admit a child who
 16 becomes five years of age after the school year has commenced unless
 17 [hi