S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3495
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, L. ROSENTHAL, CRESPO, RAMOS, WEPRIN,
   GOODELL, STIRPE, STECK, COLTON, JAFFEE, COOK, ARROYO, PICHARDO,  GOTT-
   FRIED,  GALEF,  MONTESANO,  BRABENEC -- Multi-Sponsored by -- M. of A.
   CYMBROWITZ, DAVILA, 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 277  of  the  laws  of  2017  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
 from the first day of session in the following September; and, except as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01581-01-9

 A. 3495                             2
 
 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  the board of education of the city school district of
 the city of Cohoes, the board of education of the city  school  district
 of the city of Watervliet, 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  kinder-
 garten  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.