New York A 878: Relates to the compulsory age for full time instruction from six to five years of age and certain exceptions for minor children

Bill Text

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 [ ] lawfully requiredbetween six and sixteen years of age
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 [ ] to sixteen years of age on an Indiansix five
19 reservation shall attend upon full time day instruction.
20 c. For purposes of this article, a minor who becomes [ ] yearssix five
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 [ ] years of age aftersix five
28 the first of December in any school year or a later date in such school
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] 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 shall be required to attend uponminor's school district of residence
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