S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7233
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by M. of A. SIMON, WEPRIN, CRUZ -- read once and referred 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
 instruction, the identity of such person shall  be  verified  against  a
 list  of names provided by the person or persons in parental relation to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07600-01-3
              

 A. 7233                             2
 
 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 and completed on or before such date.