S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10296
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to establishing labor day
   as the date for determining school age
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 8 of section 3202 of the education  law,
 subdivision 1 as amended by chapter 490 of the laws of 2019 and subdivi-
 sion  8  as  amended  by chapter 569 of the laws of 1994, are amended to
 read as follows:
   1. A person over five and under twenty-one years  of  age  AS  OF  THE
 FIRST MONDAY IN SEPTEMBER FOR A GIVEN SCHOOL YEAR who has not received a
 high  school diploma is entitled to attend the public schools maintained
 in the district in which such person  resides  without  the  payment  of
 tuition.  Provided  further  that such person may continue to attend the
 public school in such district in the same manner, if temporarily resid-
 ing outside the boundaries of  the  district  when  relocation  to  such
 temporary  residence  is a consequence of such person's parent or person
 in parental relationship being called to  active  military  duty,  other
 than training. Notwithstanding any other provision of law to the contra-
 ry,  the school district shall not be required to provide transportation
 between a temporary residence located outside of the school district and
 the school the child attends. A veteran of any age who shall have served
 as a member of the armed forces of the United States and who  (a)  shall
 have been discharged therefrom under conditions other than dishonorable,
 or  (b)  has a qualifying condition, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or  dishonorable from such service, or (c) is a discharged LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service, may attend any of the public schools  of  the  state  upon
 conditions prescribed by the board of education, and such veterans shall
 be  included  in  the  pupil  count for state aid purposes. A nonveteran
 under twenty-one years of age who has received  a  high  school  diploma
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15029-01-2
 A. 10296                            2
 
 shall  be  permitted to attend classes in the schools of the district in
 which such person resides or in a  school  of  a  board  of  cooperative
 educational services upon payment of tuition under such terms and condi-
 tions  as shall be established in regulations promulgated by the commis-
 sioner; provided, however, that a school district may waive the  payment
 of  tuition  for  such nonveteran, but in any case such a nonveteran who
 has received a high school diploma shall not be counted  for  any  state
 aid  purposes.  Nothing herein contained shall, however, require a board
 of education to admit a child who becomes five years of  age  after  the
 school  year  has  commenced unless his birthday occurs on or before the
 first [of December] MONDAY IN SEPTEMBER.
   8. Homeless children. A homeless child, as defined in subdivision  one
 of section thirty-two hundred nine of this article, over the age of five
 and  under  twenty-one  years of age AS OF THE FIRST MONDAY IN SEPTEMBER
 FOR A GIVEN SCHOOL YEAR, who has not received  a  high  school  diploma,
 shall  be  entitled  to  attend  a  public school without the payment of
 tuition, in accordance with the provisions of section thirty-two hundred
 nine of this article.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date upon which it shall have become a law.