S T A T E O F N E W Y O R K
________________________________________________________________________
6562
2015-2016 Regular Sessions
I N A S S E M B L Y
March 27, 2015
___________
Introduced by M. of A. ZEBROWSKI, ROSENTHAL, CRESPO, ROBERTS, RAMOS,
WEPRIN, GOODELL -- Multi-Sponsored by -- M. of A. CYMBROWITZ, GOTT-
FRIED, MONTESANO, PEOPLES-STOKES, PERRY, ROBINSON, THIELE -- 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 separately amended by chapters 187 and 189 of the
laws of 2014, subdivision 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03636-01-5
A. 6562 2
required to remain in attendance until the last day of session in the
school year in which the minor becomes sixteen years of age.
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 and the
board of education of the city school district of the city of New York,
the board of education of the city school district of the city of
Rochester and the board of education of the city school district of the
city of Utica and the board of education of the city school district of
the city of Buffalo are hereby authorized to require minors who are five
years of age on or before December first to attend kindergarten instruc-
tion. 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.