senate Bill S4786

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Apr 25, 2011 referred to education

Co-Sponsors

S4786 - Bill Details

See Assembly Version of this Bill:
A7245
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง3602-c, Ed L

S4786 - Bill Texts

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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 NUMBER:S4786

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 pusuing 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:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  4786

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, 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.
                                                           LBD10905-01-1

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