The New York State Senate

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

                                  6687

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            September 6, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to providing for  absence
  from school for the mental or behavioral health of the minor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3210 of the education law, subdivision 1 as amended
by chapter 821 of the laws of 1947, paragraph  b  of  subdivision  1  as
amended  by  chapter 491 of the laws of 2014 and paragraph c of subdivi-
sion 1 as added by chapter 549 of the laws of 1986, is amended  to  read
as follows:
  § 3210. Amount and character of required attendance. 1. Regularity and
conduct. a. A minor required by the provisions of THIS part [one of this
article] to attend upon instruction shall attend regularly as prescribed
where  he  resides  or  is employed, for the entire time the appropriate
public schools or classes are in session and shall  be  subordinate  and
orderly while so attending.
  b. (i) Absence for religious observance and education shall be permit-
ted under rules that the commissioner shall establish.
  (ii)  In  addition, the board of education or trustees shall determine
whether school session should  not  be  held  at  an  individual  public
school,  or  district-wide,  on  a day where, if school were in session,
absenteeism may result in the waste of educational resources  because  a
considerable  proportion of the student population is unlikely to attend
because of a religious or cultural day of observance.
  (III) ABSENCE DUE TO THE MENTAL OR  BEHAVIORAL  HEALTH  OF  THE  MINOR
SHALL BE PERMITTED UNDER RULES THAT THE COMMISSIONER SHALL ESTABLISH.
  c. In the event that a person requests the release of a minor required
by  the  provisions  of  THIS  part [one of this article] to attend upon
instruction, the identity of such person shall  be  verified  against  a
list  of names provided by the person or persons in parental relation to

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

                                                           LBD13700-02-9

S. 6687                             2

the minor, as defined in section two of this chapter,  at  the  time  of
such  minor's  enrollment.  The  school  district  may adopt appropriate
procedures for the purpose of submitting a list of names at a later date
or  updating  the  list  of  names  provided by the person or persons in
parental relation. If such person is identified as one of those  persons
included  on  such  list, such minor may be released from attendance. If
such person is identified as a person not included on  such  list,  such
minor  may not be released except in the event of an emergency as deter-
mined in the sole discretion of the principal  of  the  school,  or  his
designee,  provided  that  the person or persons in parental relation to
the minor have been contacted and have agreed to such release. A  school
district  may presume that either parent of the student has authority to
obtain the release of said minor unless the  school  district  has  been
provided with a certified copy of the legally binding instrument such as
the  court  order  or  decree  of  divorce,  separation or custody which
provides evidence to the contrary. No situation shall be deemed an emer-
gency until the facts of such situation have been verified by such prin-
cipal or his designee. No civil or criminal  liability  shall  arise  or
attach  to  any school district or employee thereof for any act or omis-
sion to act as a result of, or in connection with, the duties or  activ-
ities  authorized or directed by this paragraph. The foregoing procedure
shall not apply to release of a minor pursuant to the protective custody
provisions of the social services law and the family court act.
  2. Attendance elsewhere than at a public school. a. Hours  of  attend-
ance.    If a minor included by the provisions of THIS part [one of this
article] attends upon instruction elsewhere than at a public school,  he
shall  attend for at least as many hours, and within the hours specified
therefor.
  b. Absence. Absence from required attendance shall be  permitted  only
for  causes  allowed  by  the  general rules and practices of the public
schools.   Absence for  religious  observance  and  education  shall  be
permitted  under  rules  that the commissioner shall establish.  ABSENCE
DUE TO THE MENTAL OR BEHAVIORAL HEALTH OF THE MINOR SHALL  BE  PERMITTED
UNDER RULES THAT THE COMMISSIONER SHALL ESTABLISH.
  c.  Holidays and vacations. Holidays and vacations shall not exceed in
total amount and number those allowed by the public schools.
  d. Exception. In applying the foregoing requirements a minor  required
to  attend upon full time day instruction by the provisions of THIS part
[one of this article] may be permitted to attend for  a  shorter  school
day  or  for  a shorter school year or for both, provided, in accordance
with the regulations of the state education department, the  instruction
he  receives  has  been  approved  by  the  school  authorities as being
substantially equivalent in amount and quality to that required  by  the
provisions of THIS part [one of this article].
  §  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
to be made and completed on or before such date.