S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    878
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, FAHY, McDONOUGH -- read once and referred
   to the Committee on Education
 
 AN ACT to amend the education law, in relation to the compulsory age for
   full time instruction and certain related exceptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 11 of section 2  of  the  education  law,  as
 amended  by  chapter  363  of  the  laws  of 1990, is amended to read as
 follows:
   11. Compulsory school ages. The term "child of compulsory school  age"
 means any child [between six and sixteen years of age] lawfully required
 to  attend  upon instruction PURSUANT TO SECTION THIRTY-TWO HUNDRED FIVE
 OF THIS CHAPTER.
   § 2. Subdivision 1, paragraph c of subdivision 2 and subdivision 3  of
 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 subdivision 1 as
 amended by chapter 518 of the laws of 1993, 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, are amended to read as
 follows:
   1. a. In each school district of the state, each minor from [six] FIVE
 to sixteen years of age shall attend upon full time instruction.
   b. Each minor from [six] FIVE to sixteen years of  age  on  an  Indian
 reservation shall attend upon full time day instruction.
   c.  For purposes of this article, a minor who becomes [six] FIVE years
 of age on or before the first of December in any school year  OR  ON  OR
 BEFORE  A  LATER DATE IN SUCH SCHOOL YEAR, NOT LATER THAN DECEMBER THIR-
 TY-FIRST, ESTABLISHED BY THE TRUSTEES OR BOARD OF EDUCATION  FOR  ADMIS-
 SION  TO THE PUBLIC SCHOOLS IN SUCH MINOR'S SCHOOL DISTRICT OF RESIDENCE
 shall be required to attend upon 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] FIVE years of age  after
 the  first of December in any school year OR A LATER DATE IN SUCH SCHOOL
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02215-01-3
 A. 878                              2
 
 YEAR, NOT LATER THAN DECEMBER THIRTY-FIRST, ESTABLISHED BY THE  TRUSTEES
 OR  BOARD  OF  EDUCATION  FOR  ADMISSION  TO  THE PUBLIC SCHOOLS IN SUCH
 MINOR'S SCHOOL DISTRICT OF RESIDENCE shall be required  to  attend  upon
 full  time  instruction  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.
   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.
   3. In each school district, the board of education shall have power to
 require  minors  from  sixteen  to  seventeen  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 years
 of age.] A MINOR WHO WILL BECOME FIVE YEARS OF AGE IN  ANY  SCHOOL  YEAR
 AND  WHOSE  PARENT  ELECTS  NOT  TO ENROLL THEIR CHILD IN SCHOOL IN SUCH
 SCHOOL YEAR AND SUBMITS A NOTICE OF ELECTION PURSUANT TO THE  PROVISIONS
 OF  THIS  PARAGRAPH  SHALL  NOT  BE  REQUIRED  TO  ATTEND UPON FULL TIME
 INSTRUCTION UNTIL THE FIRST DAY OF SESSION IN SEPTEMBER OF THE FOLLOWING
 SCHOOL YEAR. THE PARENT SHALL SUBMIT A WRITTEN NOTICE TO THE SUPERINTEN-
 DENT OF SCHOOLS OF THEIR CHILD'S SCHOOL DISTRICT OF RESIDENCE  OF  THEIR
 ELECTION  NOT  TO  ENROLL  THEIR CHILD BY NO LATER THAN THE FIRST DAY OF
 APRIL PRECEDING THE SCHOOL YEAR IN WHICH THE CHILD BECOMES FIVE YEARS OF
 AGE, PROVIDED HOWEVER THAT WHERE THE CHILD'S SCHOOL  DISTRICT  OF  RESI-
 DENCE  CHANGES AFTER SUCH DATE, THE PARENT MAY SUBMIT SUCH NOTICE WITHIN
 THIRTY DAYS AFTER ESTABLISHING RESIDENCE IN THE NEW SCHOOL DISTRICT. THE
 TRUSTEES OR BOARD OF EDUCATION SHALL SEND WRITTEN NOTICE TO THE  PARENTS
 OF  EACH  CHILD  IDENTIFIED  THROUGH THE SCHOOL CENSUS OR CHILD FIND WHO
 MIGHT BE ELIGIBLE TO MAKE AN ELECTION PURSUANT TO THIS PARAGRAPH  BY  NO
 LATER  THAN  THE  PRECEDING  MARCH  FIRST. THE SUPERINTENDENT OF SCHOOLS
 SHALL NOT REJECT A NOTICE OF ELECTION SUBMITTED BY A PARENT AS  UNTIMELY
 IF  THE  PARENT  ESTABLISHES  THAT THE DISTRICT FAILED TO PROVIDE TIMELY
 NOTICE TO THE PARENT OR THAT THE DELAY WAS CAUSED BY FACTORS BEYOND  THE
 CONTROL  OF  THE  PARENT,  INCLUDING  BUT  NOT  LIMITED TO, THE PARENT'S
 ABSENCE FROM THE STATE OR COUNTRY FOR  MILITARY  SERVICE,  THE  PARENT'S
 INCAPACITY  DUE TO ILLNESS OR DISABILITY, DISRUPTION OF MAIL SERVICE DUE
 TO SEVERE WEATHER CONDITIONS, LOSS OF  ELECTRICITY  OR  OTHER  EMERGENCY
 CONDITIONS,   AND  THE  PARENT'S  INABILITY  TO  UNDERSTAND  THE  SCHOOL
 DISTRICT'S NOTICE BECAUSE IT WAS NOT SUBMITTED IN THE NATIVE LANGUAGE OR
 OTHER MODE OF COMMUNICATION USED BY THE PARENT. THE  COMMISSIONER  SHALL
 PRESCRIBE  THE  FORM OF THE NOTICES REQUIRED BY THIS PARAGRAPH AND SHALL
 BE AUTHORIZED TO ADOPT REGULATIONS TO IMPLEMENT THIS PARAGRAPH.  NOTHING
 IN  THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE SCHOOL OFFICIALS TO
 DENY ADMISSION TO A STUDENT WHO IS ENTITLED TO ATTEND SCHOOL PURSUANT TO
 SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED TWO OF THIS PART AND WHOSE
 PARENT HAS PREVIOUSLY FILED A NOTICE OF ELECTION PURSUANT TO THIS  PARA-
 GRAPH FOR THE SCHOOL YEAR.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.