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

                                  3736

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  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 added by chapter 546 of the laws of  1987,  subdivi-
sion 3 as amended by chapter 183 of the laws of 2004, is amended to read
as follows:
  S 3205. Attendance  of minors upon full time day instruction. 1. a. In
each school district of the state, each  minor  from  six  to  [sixteen]
EIGHTEEN years of age shall attend upon 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  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 instruction from the first day that the  appro-
priate  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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03882-01-1
              

A. 3736                             2

  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 school not less than twenty hours per week
instead of full time school.
  c. The board of education of the  Syracuse  city  school  district  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 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.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.