S T A T E O F N E W Y O R K
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7113
2019-2020 Regular Sessions
I N A S S E M B L Y
April 9, 2019
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Introduced by M. of A. LIFTON -- (at request of the State Education
Department) -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to permitting school
districts to commence the school year calendar prior to September
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph c of subdivision 1 and subparagraph (i) of para-
graph c of subdivision 2 of section 3205 of the education law, paragraph
c of subdivision 1 as amended by chapter 518 of the laws of 1993 and
subparagraph (i) of paragraph c of subdivision 2 as amended by chapter
277 of the laws of 2017, are amended to read as follows:
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] FOR such school
year, and a minor who becomes six years of age after the first of Decem-
ber in any school year shall be required to attend upon full time
instruction from the first day of session in the following [September]
SCHOOL YEAR; 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.
(i) Minors whose parents elect not to enroll their children in school
until the following [September] SCHOOL YEAR.
§ 2. Section 3205 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. IN EACH SCHOOL DISTRICT, A BOARD OF EDUCATION OR BOARD OF TRUSTEES
MAY, IN ITS DISCRETION, FOLLOWING A PUBLIC HEARING FOR THE PURPOSE OF
DETERMINING WHETHER A RESOLUTION SHALL BE ADOPTED, PROVIDE FOR THE
SCHOOL YEAR CALENDAR TO COMMENCE PRIOR TO SEPTEMBER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09849-01-9
A. 7113 2
A. SUCH PUBLIC HEARING, CONDUCTED UPON REASONABLE NOTICE, SHALL BE
HELD TO CONSIDER: (I) WHETHER IT IS FEASIBLE FOR THE DISTRICT TO
COMMENCE THE SCHOOL YEAR PRIOR TO SEPTEMBER; (II) ANY BENEFITS FROM
STARTING THE SCHOOL YEAR PRIOR TO SEPTEMBER; (III) ANY EFFECTS ON THE
LOCAL ECONOMY, INCLUDING ANY EFFECTS ON THE TOURISM INDUSTRY; AND (IV)
ANY EFFECT STARTING THE SCHOOL YEAR PRIOR TO SEPTEMBER WILL HAVE ON
STUDENTS' ACCESS TO SUMMER SCHOOL PROGRAMS AT THE DISTRICT.
B. WITHIN TWENTY DAYS OF THE PUBLIC HEARING OR AT THE NEXT REGULARLY
SCHEDULED BOARD MEETING FOLLOWING THE PUBLIC HEARING, WHICHEVER IS SOON-
ER, THE BOARD OF EDUCATION OR BOARD OF TRUSTEES SHALL, BY RESOLUTION,
DETERMINE WHETHER TO BEGIN THE SCHOOL YEAR PRIOR TO SEPTEMBER.
§ 3. This act shall take effect July 1, 2019.