New York A 2240: Provides for absence from school for the mental or behavioral health of the minor

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A02240 Summary:

BILL NOA02240 

&nbsp

SAME ASSAME AS S09780

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SPONSORSimon

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COSPNSRWeprin, Cruz, Burdick, Glick, Fall

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MLTSPNSR

&nbsp

Amd §3210, Ed L

&nbsp

Provides for absence from school for the mental or behavioral health of the minor.

Go to top A02240 Actions:

BILL NOA02240 

&nbsp

01/15/2025referred to education

01/07/2026referred to education

Go to topA02240 Committee&nbspVotes:

Go to topA02240 Floor&nbspVotes:

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

Go to topA02240 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2240

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. SIMON, WEPRIN, CRUZ, BURDICK -- read once and
 referred to the Committee on Education

 AN ACT to amend the education law, in relation to providing for absence
 from school for the mental or behavioral health of the minor

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

 1 Section 1. Section 3210 of the education law, subdivision 1 as amended
 2 by chapter 821 of the laws of 1947, paragraph b of subdivision 1 as
 3 amended by chapter 491 of the laws of 2014 and paragraph c of subdivi-
 4 sion 1 as added by chapter 549 of the laws of 1986, is amended to read
 5 as follows:
 6 § 3210. Amount and character of required attendance. 1. Regularity and
 7 conduct. a. A minor required by the provisions of this part [one of this
 8 article] to attend upon instruction shall attend regularly as prescribed
 9 where [he] such minor resides or is employed, for the entire time the
 10 appropriate public schools or classes are in session and shall be subor-
 11 dinate and orderly while so attending.
 12 b. (i) Absence for religious observance and education shall be permit-
 13 ted under rules that the commissioner shall establish.
 14 (ii) In addition, the board of education or trustees shall determine
 15 whether school session should not be held at an individual public
 16 school, or district-wide, on a day where, if school were in session,
 17 absenteeism may result in the waste of educational resources because a
 18 considerable proportion of the student population is unlikely to attend
 19 because of a religious or cultural day of observance.
 20 (iii) Absence due to the mental or behavioral health of the minor
 21 shall be permitted under rules that the commissioner shall establish.
 22 c. In the event that a person requests the release of a minor required
 23 by the provisions of this part [one of this article] to attend upon
 24 instruction, the identity of such person shall be verified against a
 25 list of names provided by the person or persons in parental relation to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04806-01-5

 A. 2240 2

 1 the minor, as defined in section two of this chapter, at the time of
 2 such minor's enrollment. The school district may adopt appropriate
 3 procedures for the purpose of submitting a list of names at a later date
 4 or updating the list of names provided by the person or persons in
 5 parental relation. If such person is identified as one of those persons
 6 included on such list, such minor may be released from attendance. If
 7 such person is identified as a person not included on such list, such
 8 minor may not be released except in the event of an emergency as deter-
 9 mined in the sole discretion of the principal of the school, or [his]
 10 such principal's designee, provided that the person or persons in
 11 parental relation to the minor have been contacted and have agreed to
 12 such release. A school district may presume that either parent of the
 13 student has authority to obtain the release of said minor unless the
 14 school district has been provided with a certified copy of the legally
 15 binding instrument such as the court order or decree of divorce, sepa-
 16 ration or custody which provides evidence to the contrary. No situation
 17 shall be deemed an emergency until the facts of such situation have been
 18 verified by such principal or [his] such principal's designee. No civil
 19 or criminal liability shall arise or attach to any school district or
 20 employee t