NY State Assembly Bill 2009-A9758

Assembly Bill A9758

2009-2010 Legislative Session

Requires minors under 18 years to attend school on a full-time basis, unless in vocational program; must enroll in GED course until 19

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2010	referred to education

2009-A9758 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §3205, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3736
2013-2014: A4000
2015-2016: A6562
2017-2018: A1673
2019-2020: A3495
2021-2022: A6728
2023-2024: A2909

2009-A9758 (ACTIVE) - Summary

Requires minors under 18 years to attend school on a full-time basis, unless such minor is seventeen or older and enrolled in a vocational or occupational education program, with the consent of the school district and the person in parental relation with the minor; must enroll in GED course until age of 19 years, if the person leaves school.

2009-A9758 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9758              REPLACEMENT 1/28/10

TITLE OF BILL:  An act to amend the education law, in relation to
attendance of minors at full-time day instruction

PURPOSE: The purpose of this bill is to increase New York States'
compulsory education age to eighteen with mandatory G,E.D enrollment for
one year or until passage of exam.

SUMMARY OF SPECIFIC PROVISION:  Section 1. Section 3205 of the education
law is amended to read as follows:

§3205.Attendance of minors upon full time day instruction.  1.a..In each
school district of the state, each minor from six to [sixteen] EIGHTEEN
years of age shall attend upon full time instruction, EXCEPT AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION. Each minor shall attend upon full
time day instruction, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION. 2. Exceptions: a. A minor who has completed a four-year high
school course of study OR HAS PASSED A HIGH SCHOOL EQUIVALENCY EXAMINA-
TION. Students enrolled in non-public schools or in home instruction. b.
A MINOR SEVENTEEN YEARS OF AGE OR OLDER WHO PARTICIPATES, WITH THE
CONSENT OF THE SCHOOL DISTRICT AND THE PERSON IN PARENTAL RELATION TO
SUCH MINOR, IN A COURSE OF INSTRUCTION IN VOCATIONAL OR OCCUPATIONAL
SKILLS SHALL NOT HE SUBJECT TO THE PROVISIONS OF THIS PART WITH RESPECT
TO REQUIRED ATTENDANCE UPON INSTRUCTION. 3. In each school district, the
board of education shall have power to requires minors [from sixteen to

seventeen] EIGHTEEN years of age who are not employed to attend upon
full time day instruction until the last day of session in the school
year in which the student becomes (seventeen] EIGHTEEN years of age. 4.
IN EACH SCHOOL DISTRICT OF THE STATE, EACH PERSON OVER THE AGE OF EIGH-
TEEN YEARS AND UNDER THE AGE OF NINETEEN YEARS, WHO DOES NOT ATTEND UPON
FULL-TIME INSTRUCTION, SHALL ENROLL AND PARTICIPATE IN A GENERAL EDUCA-
TION DEVELOPMENT COURSE OF STUDY UNTIL HE OR SHE REACHES THE AGE OF
NINETEEN YEARS, OR HE OR SHE PASSES THE HIGH SCHOOL EQUIVALENCY EXAMINA-
TION FOR SUCH COURSE OF STUDY, WHICHEVER SHALL OCCUR FIRST.

JUSTIFICATION:  Implementation of such policy will not only increase New
York State's compulsory education age to age eighteen, but aims to
implement simultaneous supplemental programs geared towards "at-risk"
students, reducing class size, and providing alternative education. A
GED program seeking to transition students into higher education oppor-
tunities, in efforts to expand their long-term opportunities will be
mandatory for those students who leave school with out meeting any of
the required exceptions. This mandate aims to provide an alternate track
from taxpayer supported social services such as welfare or jail.

PRIOR LEGISLATION HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect the first of September next
succeeding the date on which it shall have become a law.

2009-A9758 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9758

                          I N  A S S E M B L Y

                            January 22, 2010
                               ___________

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

AN  ACT  to amend the education law, in relation to attendance of minors
  at full-time day instruction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3205 of the education law, subdivision 1 as amended
by  chapter 262 of the laws of 1959, paragraphs a and b of subdivision 1
as amended by chapter 296 of the laws of 1969, paragraph c  of  subdivi-
sion  1  as  amended  by chapter 518 of the laws of 1993, paragraph b of
subdivision 2 as amended by chapter 975 of the laws of 1966, paragraph c
of subdivision 2 as added by chapter 546 of the laws of  1987,  subdivi-
sion 3 as amended by chapter 183 of the laws of 2004, is amended to read
as follows:
  S 3205. Attendance  of minors upon full time day instruction. 1. a. In
each school district of the state, each  minor  from  six  to  [sixteen]
EIGHTEEN years of age shall attend upon full time instruction, EXCEPT AS
PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
  b. Each minor from six to [sixteen] EIGHTEEN years of age on an Indian
reservation  shall  attend  upon  full  time  day instruction, EXCEPT AS
PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
  c. For purposes of this article, a minor who becomes six years of  age
on  or before the first of December in any school year shall be required
to attend upon full time instruction from the first day that the  appro-
priate  public  schools are in session in September of such school year,
and a minor who becomes six years of age after the first of December  in
any  school  year shall be required to attend upon full time instruction
from the first day of session in the following September; and, except as
otherwise provided in  subdivision  three  of  this  section,  shall  be
required  to  remain  in attendance until the last day of session in the
school year in which the minor becomes sixteen years of age.
  2. Exceptions. a. A minor who has completed a  four-year  high  school
course  of  study  OR  HAS  PASSED A HIGH SCHOOL EQUIVALENCY EXAMINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15514-01-0

A. 9758                             2

shall not be subject to the provisions of THIS part [one of  this  arti-
cle] in respect to required attendance upon instruction.
  b. A minor for whom application for a full-time employment certificate
has  been  made  and who is eligible therefor may, though unemployed, be
permitted to attend part time school not less than twenty hours per week
instead of full time school.
  c. The board of education of the  Syracuse  city  school  district  is
hereby  authorized  to  require  minors  who are five years of age on or
before December first to attend kindergarten instruction.  However,  the
provisions of this paragraph shall not apply to:
  (i)  Minors whose parents elect not to enroll their children in school
until the following September.
  (ii) Students enrolled in non-public schools or in home instruction.
  D. A MINOR SEVENTEEN YEARS OF AGE OR OLDER WHO PARTICIPATES, WITH  THE
CONSENT  OF  THE  SCHOOL DISTRICT AND THE PERSON IN PARENTAL RELATION TO
SUCH MINOR, IN A COURSE OF INSTRUCTION  IN  VOCATIONAL  OR  OCCUPATIONAL
SKILLS  SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS PART WITH RESPECT
TO REQUIRED ATTENDANCE UPON INSTRUCTION.
  3. In each school district, the board of education shall have power to
require minors [from sixteen to seventeen] EIGHTEEN years of age who are
not employed to attend upon full time day instruction until the last day
of session in the school year in which the student  becomes  [seventeen]
EIGHTEEN years of age.
  4.  IN  EACH SCHOOL DISTRICT OF THE STATE, EACH PERSON OVER THE AGE OF
EIGHTEEN YEARS AND UNDER THE AGE OF NINETEEN YEARS, WHO DOES NOT  ATTEND
UPON  FULL-TIME  INSTRUCTION,  SHALL ENROLL AND PARTICIPATE IN A GENERAL
EDUCATION DEVELOPMENT COURSE OF STUDY UNTIL HE OR SHE REACHES THE AGE OF
NINETEEN YEARS, OR HE OR SHE PASSES THE HIGH SCHOOL EQUIVALENCY EXAMINA-
TION FOR SUCH COURSE OF STUDY, WHICHEVER SHALL OCCUR FIRST.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

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