S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    563
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI, COMRIE, JACKSON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education
 
 AN  ACT to amend the education law, in relation to providing for absence
   from school for the mental or behavioral health of the minor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3210 of the education law, subdivision 1 as amended
 by  chapter  821  of  the  laws of 1947, paragraph b of subdivision 1 as
 amended by chapter 491 of the laws of 2014 and paragraph c  of  subdivi-
 sion  1  as added by chapter 549 of the laws of 1986, is amended to read
 as follows:
   § 3210. Amount and character of required attendance. 1. Regularity and
 conduct. a. A minor required by the provisions of THIS part [one of this
 article] to attend upon instruction shall attend regularly as prescribed
 where he resides or is employed, for the  entire  time  the  appropriate
 public  schools  or  classes are in session and shall be subordinate and
 orderly while so attending.
   b. (i) Absence for religious observance and education shall be permit-
 ted under rules that the commissioner shall establish.
   (ii) In addition, the board of education or trustees  shall  determine
 whether  school  session  should  not  be  held  at an individual public
 school, or district-wide, on a day where, if  school  were  in  session,
 absenteeism  may  result in the waste of educational resources because a
 considerable proportion of the student population is unlikely to  attend
 because of a religious or cultural day of observance.
   (III)  ABSENCE  DUE  TO  THE  MENTAL OR BEHAVIORAL HEALTH OF THE MINOR
 SHALL BE PERMITTED UNDER RULES THAT THE COMMISSIONER SHALL ESTABLISH.
   c. In the event that a person requests the release of a minor required
 by the provisions of THIS part [one of  this  article]  to  attend  upon

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02633-01-1

 S. 563                              2
 
 instruction,  the  identity  of  such person shall be verified against a
 list of names provided by the person or persons in parental relation  to
 the  minor,  as  defined  in section two of this chapter, at the time of
 such  minor's  enrollment.  The  school  district  may adopt appropriate
 procedures for the purpose of submitting a list of names at a later date
 or updating the list of names provided  by  the  person  or  persons  in
 parental  relation. If such person is identified as one of those persons
 included on such list, such minor may be released  from  attendance.  If
 such  person  is  identified as a person not included on such list, such
 minor may not be released except in the event of an emergency as  deter-
 mined  in  the  sole  discretion  of the principal of the school, or his
 designee, provided that the person or persons in  parental  relation  to
 the  minor have been contacted and have agreed to such release. A school
 district may presume that either parent of the student has authority  to
 obtain  the  release  of  said minor unless the school district has been
 provided with a certified copy of the legally binding instrument such as
 the court order or  decree  of  divorce,  separation  or  custody  which
 provides evidence to the contrary. No situation shall be deemed an emer-
 gency until the facts of such situation have been verified by such prin-
 cipal  or  his  designee.  No civil or criminal liability shall arise or
 attach to any school district or employee thereof for any act  or  omis-
 sion  to act as a result of, or in connection with, the duties or activ-
 ities authorized or directed by this paragraph. The foregoing  procedure
 shall not apply to release of a minor pursuant to the protective custody
 provisions of the social services law and the family court act.
   2.  Attendance  elsewhere than at a public school. a. Hours of attend-
 ance.  If a minor included by the provisions of THIS part [one  of  this
 article]  attends upon instruction elsewhere than at a public school, he
 shall attend for at least as many hours, and within the hours  specified
 therefor.
   b.  Absence.  Absence from required attendance shall be permitted only
 for causes allowed by the general rules  and  practices  of  the  public
 schools.    Absence  for  religious  observance  and  education shall be
 permitted under rules that the commissioner shall  establish.    ABSENCE
 DUE  TO  THE MENTAL OR BEHAVIORAL HEALTH OF THE MINOR SHALL BE PERMITTED
 UNDER RULES THAT THE COMMISSIONER SHALL ESTABLISH.
   c. Holidays and vacations. Holidays and vacations shall not exceed  in
 total amount and number those allowed by the public schools.
   d.  Exception. In applying the foregoing requirements a minor required
 to attend upon full time day instruction by the provisions of THIS  part
 [one  of  this  article] may be permitted to attend for a shorter school
 day or for a shorter school year or for both,  provided,  in  accordance
 with  the regulations of the state education department, the instruction
 he receives has  been  approved  by  the  school  authorities  as  being
 substantially  equivalent  in amount and quality to that required by the
 provisions of THIS part [one of this article].
   § 2. This act shall take effect on the first of July  next  succeeding
 the  date on which it shall have become a law. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made on or before such date.