Assembly Bill A9486

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

                                  9486

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M. of A. KOON -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to increasing the compul-
  sory school age to eighteen and extending  age  eligibility  to  under
  twenty-two years

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

  Section 1. Paragraph a of subdivision 1 and subdivision 3  of  section
3205  of  the  education law, paragraph a of subdivision 1 as amended by
chapter 296 of the laws of 1969 and subdivision 3 as amended by  chapter
183 of the laws of 2004, are amended to read as follows:
  a.  In  each  school  district  of  the  state, each minor from six to
[sixteen] EIGHTEEN years of age shall attend upon full time instruction,
UNLESS SUBDIVISION THREE OF THIS SECTION APPLIES.
  3. In each school district, the board of education shall have power to
[require] EXCLUDE minors from sixteen to [seventeen] EIGHTEEN  years  of
age  [who  are not employed to attend upon] FROM ATTENDING full time day
instruction until the last day of session in the school  year  in  which
the  student  becomes  [seventeen] EIGHTEEN years of age IF THE BOARD OF
EDUCATION DETERMINES THAT THE MINOR MEETS AN  EXCEPTION  ESTABLISHED  IN
PARAGRAPH  A  OR  B OF SUBDIVISION ONE OF THIS SECTION OR THAT THE MINOR
HAS PASSED A HIGH SCHOOL EQUIVALENCY EXAMINATION.
  S 2. Subdivision 1 of section 3202 of the education law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  1. A person over five and under [twenty-one] TWENTY-TWO years  of  age
who  has  not  received  a high school diploma is entitled to attend the
public schools maintained in the district in which such  person  resides
without  the  payment  of tuition. Provided further that such person may
continue to attend the public  school  in  such  district  in  the  same
manner,  if  temporarily residing outside the boundaries of the district
when relocation to such temporary residence is  a  consequence  of  such
person's  parent  or  person  in  parental  relationship being called to
active military duty, other than  training.  Notwithstanding  any  other

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

                      [ ] is old law to be omitted.
                                                           LBD05055-01-9

A. 9486                             2

provision  of  law  to  the  contrary,  the school district shall not be
required to provide transportation between a temporary residence located
outside of the school district and  the  school  the  child  attends.  A
veteran of any age who shall have served as a member of the armed forces
of  the United States and who shall have been discharged therefrom under
conditions other than dishonorable, may attend any of the public schools
of the state upon conditions prescribed by the board of  education,  and
such  veterans  shall  be  included  in  the  pupil  count for state aid
purposes. A nonveteran under [twenty-one] TWENTY-TWO years  of  age  who
has  received a high school diploma shall be permitted to attend classes
in the schools of the district in which such  person  resides  or  in  a
school  of  a  board of cooperative educational services upon payment of
tuition under such terms and conditions as shall be established in regu-
lations promulgated by  the  commissioner;  provided,  however,  that  a
school  district  may  waive the payment of tuition for such nonveteran,
but in any case such a nonveteran who has received a high school diploma
shall not be counted  for  any  state  aid  purposes.  Nothing  [herein]
contained  IN  THIS SECTION shall, however, require a board of education
to admit a child who becomes five years of age after the school year has
commenced unless his birthday occurs on or before the first of December.
  S 3. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.