Bill Text: NY A00500 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to the compulsory age for full time instruction from six to five years of age and certain exceptions for minor children.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A00500 Detail]

Download: New_York-2019-A00500-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         500--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of A. PAULIN, FAHY, JAFFEE, McDONOUGH -- Multi-Spon-
          sored by -- M. of A. BUCHWALD -- read once and referred to the Commit-
          tee on  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        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 277 of the laws  of  2017  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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03703-02-9
        A. 500--A                           2
     1  ty-first, established by the trustees or board of education  for  admis-
     2  sion  to the public schools in such minor's school district of residence
     3  shall be required to attend upon full time instruction  from  the  first
     4  day  that  the appropriate public schools are in session in September of
     5  such school year, and a minor who becomes [six] five years of age  after
     6  the  first of December in any school year or a later date in such school
     7  year, not later than December thirty-first, established by the  trustees
     8  or  board  of  education  for  admission  to  the public schools in such
     9  minor's school district of residence shall be required  to  attend  upon
    10  full  time  instruction  from  the first day of session in the following
    11  September; and, except as otherwise provided  in  subdivision  three  of
    12  this  section,  shall be required to remain in attendance until the last
    13  day of session in the school year in which  the  minor  becomes  sixteen
    14  years of age.
    15    c.  [The  board of education of the Syracuse city school district, the
    16  board of education of the city school district of the city of New  York,
    17  the  board  of  education  of  the  city  school district of the city of
    18  Rochester, the board of education of the city  school  district  of  the
    19  city of Utica, the board of education of the city school district of the
    20  city  of  Buffalo  the board of education of the city school district of
    21  the city of Cohoes, the board of education of the city  school  district
    22  of the city of Watervliet, and the board of education of the city school
    23  district  of the city of Yonkers are hereby authorized to require minors
    24  who are five years of age on or before December first to attend  kinder-
    25  garten  instruction. However, the provisions of this paragraph shall not
    26  apply to:
    27    (i) Minors whose parents elect not to enroll their children in  school
    28  until the following September.
    29    (ii) Students enrolled in non-public schools or in home instruction.
    30    3. In each school district, the board of education shall have power to
    31  require  minors  from  sixteen  to  seventeen  years  of age who are not
    32  employed to attend upon full time day instruction until the last day  of
    33  session  in the school year in which the student becomes seventeen years
    34  of age.] A minor who will become five years of age in  any  school  year
    35  and  whose  parent  elects  not  to enroll their child in school in such
    36  school year and submits a notice of election pursuant to the  provisions
    37  of  this  paragraph  shall  not  be  required  to  attend upon full time
    38  instruction until the first day of session in September of the following
    39  school year. The parent shall submit a written notice to the superinten-
    40  dent of schools of their child's school district of residence  of  their
    41  election  not  to  enroll  their child by no later than the first day of
    42  April preceding the school year in which the child becomes five years of
    43  age, provided however that where the child's school  district  of  resi-
    44  dence  changes after such date, the parent may submit such notice within
    45  thirty days after establishing residence in the new school district. The
    46  trustees or board of education shall send written notice to the  parents
    47  of  each  child  identified  through the school census or child find who
    48  might be eligible to make an election pursuant to this paragraph  by  no
    49  later  than  the  preceding  March  first. The superintendent of schools
    50  shall not reject a notice of election submitted by a parent as  untimely
    51  if  the  parent  establishes  that the district failed to provide timely
    52  notice to the parent or that the delay was caused by factors beyond  the
    53  control  of  the  parent,  including  but  not  limited to, the parent's
    54  absence from the state or country for  military  service,  the  parent's
    55  incapacity  due to illness or disability, disruption of mail service due
    56  to severe weather conditions, loss of  electricity  or  other  emergency
        A. 500--A                           3
     1  conditions,   and  the  parent's  inability  to  understand  the  school
     2  district's notice because it was not submitted in the native language or
     3  other mode of communication used by the parent. The  commissioner  shall
     4  prescribe  the  form of the notices required by this paragraph and shall
     5  be authorized to adopt regulations to implement this paragraph.  Nothing
     6  in  this subdivision shall be construed to authorize school officials to
     7  deny admission to a student who is entitled to attend school pursuant to
     8  subdivision one of section thirty-two hundred two of this part and whose
     9  parent has previously filed a notice of election pursuant to this  para-
    10  graph for the school year.
    11    §  3.  This act shall take effect on the first of July next succeeding
    12  the date on which it shall have become a law.