S T A T E O F N E W Y O R K
________________________________________________________________________
5353
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to kindergarten enroll-
ment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs c of subdivisions 1 and 2 of section 3205 of the
education law, paragraph c of subdivision 1 as amended by chapter 518 of
the laws of 1993, and paragraph c of subdivision 2 as amended by chapter
703 of the laws of 2019, 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] SEPTEMBER in any school year shall
be required to attend upon full time instruction from the first day that
the appropriate public schools are in session in September of such
school year, and a minor who becomes six years of age after the first of
[December] SEPTEMBER in any school year shall be required to attend upon
full time instruction from the first day of session in the following
September; 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.
c. The board of education of every school district within the state is
hereby authorized to require minors who are five years of age on or
before [December] SEPTEMBER first to attend kindergarten instruction.
However, the provisions of this paragraph shall not apply to:
(i) Minors whose parents elect not to enroll their children in school
until the following September.
(ii) Students enrolled in non-public schools or in home instruction.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09751-01-3