S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2909
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, L. ROSENTHAL, RAMOS, STIRPE, STECK,
   COLTON, GOODELL, BRABENEC -- Multi-Sponsored by -- M.  of  A.  DAVILA,
   PEOPLES-STOKES, SIMON, THIELE -- read once and referred to the Commit-
   tee 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 703  of  the  laws  of  2019  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] FULL-TIME  day  instruc-
 tion. 1. a. In each school district of the state, each minor from six to
 [sixteen]  EIGHTEEN years of age shall attend upon [full time] 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]  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] FULL-TIME instruction from the first day that
 the  appropriate  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]
 FULL-TIME instruction from the first day of  session  in  the  following
 September;  and,  except  as  otherwise provided in subdivision three of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07447-01-3
              

 A. 2909                             2
 
 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] PART-TIME school not less than twenty
 hours per week instead of [full time] FULL-TIME school.
   c. The board of education of every school district within the state 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] 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.