S T A T E O F N E W Y O R K
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10417
I N A S S E M B L Y
May 11, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to permitting a student
to voluntarily repeat a grade
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER SHALL PROVIDE THAT ALL SCHOOL DISTRICTS SHALL PERMIT ANY STUDENT
MAY VOLUNTARILY ELECT TO REPEAT THE GRADE LEVEL SUCH STUDENT WAS IN
DURING THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR IN THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR IF SUCH STUDENT
MISSED ANY IN-PERSON INSTRUCTION AS A RESULT OF THE OUTBREAK OF NOVEL
CORONAVIRUS, COVID-19. ANY STUDENT WHO MAKES SUCH ELECTION SHALL RETAIN
THE SAME ELIGIBILITY TO PARTICIPATE IN ALL INTRAMURAL AND INTERSCHOLAS-
TIC SPORTS AS SUCH STUDENT HAD DURING THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, AND SHALL NOT BE COUNTED AGAINST THE MAXI-
MUM NUMBER OF YEARS SUCH STUDENT MAY PARTICIPATE IN INTRAMURAL AND
INTERSCHOLASTIC SPORTS. IN ADDITION, THE COMMISSIONER SHALL REQUIRE
EVERY SCHOOL DISTRICT TO NOTIFY THE PARENTS AND PERSONS IN PARENTAL
RELATION TO THE STUDENTS ATTENDING SUCH DISTRICT OF THE ABILITY TO MAKE
AN ELECTION TO VOLUNTARILY REPEAT A GRADE PURSUANT TO THIS SUBDIVISION.
SUCH NOTIFICATION MAY BE PROVIDED ON THE SCHOOL DISTRICT'S WEBSITE, IF
ONE EXISTS, OR AS PART OF AN EXISTING INFORMATIONAL DOCUMENT THAT IS
PROVIDED TO PARENTS AND PERSONS IN PARENTAL RELATION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16264-01-0