S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1673
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI, ROSENTHAL, CRESPO, RAMOS, WEPRIN,
   GOODELL, STIRPE,  STECK,  COLTON,  JAFFEE,  MONTESANO,  COOK,  ARROYO,
   SKOUFIS,  PICHARDO,  GRAF, CURRAN, GOTTFRIED, WALTER, BRABENEC, GALEF,
   HOOPER, WALKER -- Multi-Sponsored by -- M. of A.  CYMBROWITZ,  DAVILA,
   MAGEE,  PEOPLES-STOKES, PERRY, SIMON, SOLAGES, THIELE -- 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  amended  by  chapter 118 of the laws of 2015 and
 subdivision 3 as amended by chapter 183 of the laws of 2004, 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04300-01-7

 A. 1673                             2
 
 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
 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, the
 board of education of the city school district of the city of New  York,
 the  board  of  education  of  the  city  school district of the city of
 Rochester, the board of education of the city  school  district  of  the
 city of Utica, the board of education of the city school district of the
 city  of  Buffalo and the board of education of the city school district
 of the city of Yonkers are 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.
   § 2. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.