Bill Text: NY A00818 | 2021-2022 | General Assembly | Introduced

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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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2022-01-05 - referred to education [A00818 Detail]

Download: New_York-2021-A00818-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           818

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02014-01-1
        A. 818                              2

     1  the  first of December in any school year or a later date in such school
     2  year, not later than December thirty-first, established by the  trustees
     3  or  board  of  education  for  admission  to  the public schools in such
     4  minor's  school  district  of residence shall be required to attend upon
     5  full time instruction from the first day of  session  in  the  following
     6  September;  and,  except  as  otherwise provided in subdivision three of
     7  this section, shall be required to remain in attendance until  the  last
     8  day  of  session  in  the school year in which the minor becomes sixteen
     9  years of age.
    10    c. [The board of education of every school district within  the  state
    11  is  hereby  authorized to require minors who are five years of age on or
    12  before December first to attend kindergarten instruction.  However,  the
    13  provisions of this paragraph shall not apply to:
    14    (i)  Minors whose parents elect not to enroll their children in school
    15  until the following September.
    16    (ii) Students enrolled in non-public schools or in home instruction.
    17    3. In each school district, the board of education shall have power to
    18  require minors from sixteen to  seventeen  years  of  age  who  are  not
    19  employed  to attend upon full time day instruction until the last day of
    20  session in the school year in which the student becomes seventeen  years
    21  of  age.]  A  minor who will become five years of age in any school year
    22  and whose parent elects not to enroll their  child  in  school  in  such
    23  school  year and submits a notice of election pursuant to the provisions
    24  of this paragraph shall  not  be  required  to  attend  upon  full  time
    25  instruction until the first day of session in September of the following
    26  school year. The parent shall submit a written notice to the superinten-
    27  dent  of  schools of their child's school district of residence of their
    28  election not to enroll their child by no later than  the  first  day  of
    29  April preceding the school year in which the child becomes five years of
    30  age,  provided  however  that where the child's school district of resi-
    31  dence changes after such date, the parent may submit such notice  within
    32  thirty days after establishing residence in the new school district. The
    33  trustees  or board of education shall send written notice to the parents
    34  of each child identified through the school census  or  child  find  who
    35  might  be  eligible to make an election pursuant to this paragraph by no
    36  later than the preceding March  first.  The  superintendent  of  schools
    37  shall  not reject a notice of election submitted by a parent as untimely
    38  if the parent establishes that the district  failed  to  provide  timely
    39  notice  to the parent or that the delay was caused by factors beyond the
    40  control of the parent,  including  but  not  limited  to,  the  parent's
    41  absence  from  the  state  or country for military service, the parent's
    42  incapacity due to illness or disability, disruption of mail service  due
    43  to  severe  weather  conditions,  loss of electricity or other emergency
    44  conditions,  and  the  parent's  inability  to  understand  the   school
    45  district's notice because it was not submitted in the native language or
    46  other  mode  of communication used by the parent. The commissioner shall
    47  prescribe the form of the notices required by this paragraph  and  shall
    48  be  authorized to adopt regulations to implement this paragraph. Nothing
    49  in this subdivision shall be construed to authorize school officials  to
    50  deny admission to a student who is entitled to attend school pursuant to
    51  subdivision one of section thirty-two hundred two of this part and whose
    52  parent  has previously filed a notice of election pursuant to this para-
    53  graph for the school year.
    54    § 3. This act shall take effect on the first of July  next  succeeding
    55  the date on which it shall have become a law.