senate Bill S286

Allows home schooled children to take certain career education classes at local boards of cooperative educational services districts for free

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Allows home schooled children to take certain career education classes at local boards of cooperative educational services districts for free.

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Bill Details

Versions:
S286
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง3602-c, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S4786

Sponsor Memo

BILL NUMBER:S286

TITLE OF BILL:
An act
to amend the education law, in relation to allowing home schooled
children to take certain career education classes at local boards of
cooperative educational services districts for free

PURPOSE:
To allow home schooled children to take certain career education
classes at local boards of cooperative educational services districts
for no charge.

SUMMARY OF PROVISIONS:
Section 3602-c of the education law is amended by adding a new
subdivision 2-d, which states that students who are entitled to
attend the public schools without the payment of tuition pursuant to
section 3202 of this chapter, and who are home schooled, shall, upon
the written request of the parent or person in parental relation of
such student, apply to the board of education of the local public
school district for the purpose of attending career education classes
at the local board of cooperative education services districts at no
charge.

JUSTIFICATION:
Section 3602-c of state education law does not allow home schooled
students to attend board of cooperative educational services (BOCES),
due to what is referred to as the "dual-enrollment" law. Dual
enrollment provisions authorize partial attendance at a public school
by nonpublic school students for the purpose of obtaining instruction
in the areas of occupational and vocational education, gifted
education, and education of students with disabilities. They do no
apply, however, to home-schooled students. The dual-enrollment
provisions apply only to students who attend attending nonpublic
schools recognized under state law as private elementary or secondary
schools. Home-schooled students do not fall into that category.

In addition, section 4602 of state education law specifies that boards
of education of each school district contract with BOCES for
services. Boards of education, then, are in charge of providing
services to their enrolled students. Since home schooled students are
not eligible for "dual enrollment," per section 3602-c of education
law, they cannot bypass the board of education of the local school
district and be enrolled in a BOCES program.

Many resident homeowners living in and paying taxes to their local
school district may choose to home school their children. These
taxpayers are not utilizing any of the school district's services,
including instruction or transportation, yet continue to support the
district through payment of taxes. This bill would allow home
schooled students who have an interest in pursuing a vocational or
technical career to apply to the local public school district in
which their family resides, and to which the family pays taxes, in
order to utilize BOCES services.

LEGISLATIVE HISTORY:


2011-2012: S.4787 - Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   286

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. LARKIN, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to allowing home schooled
  children  to  take certain career education classes at local boards of
  cooperative educational services districts for free

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3602-c of the education law is amended by adding a
new subdivision 2-d to read as follows:
  2-D. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  STUDENTS
WHO  ARE  ENTITLED TO ATTEND THE PUBLIC SCHOOLS OF THE STATE WITHOUT THE
PAYMENT OF TUITION PURSUANT TO SECTION THIRTY-TWO HUNDRED  TWO  OF  THIS
CHAPTER,  AND  WHO ARE HOME SCHOOLED, SHALL, UPON THE WRITTEN REQUEST OF
THE PARENT OR PERSON IN PARENTAL RELATION OF ANY SUCH STUDENT, APPLY  TO
THE  BOARD  OF  EDUCATION  OF  THE  SCHOOL DISTRICT IN WHICH THE STUDENT
RESIDES, FOR THE PURPOSE  OF  ATTENDING  CAREER  EDUCATION  CLASSES,  AS
DEFINED  IN  PARAGRAPH  C  OF  SUBDIVISION ONE OF THIS SECTION, AT LOCAL
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. SUCH REQUESTS SHALL BE FILED
BEFORE THE FIRST DAY OF JUNE PRECEDING THE SCHOOL  YEAR  FOR  WHICH  THE
REQUEST IS MADE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01355-01-3

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