S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1869
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ,  SIMON, WEPRIN, CRUZ, DE LA ROSA,
   BARRON, FRONTUS, GOTTFRIED -- read once and referred to the  Committee
   on Education
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02633-01-1

 A. 1869                             2
 
 list of names provided by the person or persons in parental relation  to
 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 on or before such date.