Assembly Bill A10239

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10239
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to implementing require-
   ments and guidelines to reduce chronic absenteeism
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Part  1  of article 65 of the education law is amended by
 adding a new section 3200 to read as follows:
   § 3200. DEFINITIONS. FOR THE PURPOSES  OF  THIS  PART,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ABSENT" MEANS WHEN A PUPIL IS NOT IN ATTENDANCE FOR AT LEAST FIFTY
 PERCENT  OF  A  SCHOOL  DAY;  PROVIDED  THAT, "ABSENT" DOES NOT APPLY TO
 PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.
   2. "EXCUSED ABSENCE", "UNEXCUSED ABSENCE" AND  "DISCIPLINARY  ABSENCE"
 SHALL BE DEFINED BY THE DEPARTMENT WHICH SHALL IDENTIFY THE RATIONALE OF
 EACH  CATEGORY FOR USE BY LOCAL AND REGIONAL BOARDS OF EDUCATION FOR THE
 PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS PART,  REPORTING  CHRON-
 ICALLY ABSENT STUDENTS, AND CALCULATING THE DISTRICT CHRONIC ABSENTEEISM
 RATE  AND  THE  SCHOOL CHRONIC ABSENTEEISM RATE. FOR SUCH DEFINITIONS OF
 "EXCUSED ABSENCE" AND "UNEXCUSED ABSENCE", THE DEPARTMENT SHALL  EXCLUDE
 A  STUDENT'S  ENGAGEMENT IN: A. VIRTUAL CLASSES; B. VIRTUAL MEETINGS; C.
 ACTIVITIES ON TIME-LOGGED ELECTRONIC SYSTEMS; AND D. THE COMPLETION  AND
 SUBMISSION OF ASSIGNMENTS, IF SUCH ENGAGEMENT ACCOUNTS FOR NOT LESS THAN
 ONE-HALF OF THE SCHOOL DAY DURING REMOTE LEARNING.
   3.  "REMOTE LEARNING" MEANS INSTRUCTION BY MEANS OF ONE OR MORE INTER-
 NET-BASED SOFTWARE PLATFORMS AS PART OF A REMOTE LEARNING MODEL.
   4. "CHRONICALLY ABSENT" OR "CHRONIC ABSENTEEISM" MEANS WHEN  A  PUPIL,
 WHO IS ENROLLED IN A PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
 TIONAL  SERVICES, CHARTER SCHOOL, COUNTY VOCATIONAL EDUCATION AND EXTEN-
 SION BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL, WHOSE
 TOTAL NUMBER OF ABSENCES AT ANY TIME DURING A SCHOOL YEAR IS EQUAL TO OR
 GREATER THAN TEN PERCENT OF THE TOTAL NUMBER OF DAYS THAT  SUCH  STUDENT
 HAS BEEN ENROLLED AT SUCH SCHOOL DURING SUCH SCHOOL YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13142-01-5
              

 A. 10239                            2
 
   5.  "DISTRICT  CHRONIC  ABSENTEEISM  RATE"  MEANS  THE TOTAL NUMBER OF
 CHRONICALLY ABSENT PUPILS ATTENDING A PUBLIC SCHOOL DISTRICT,  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES,  CHARTER  SCHOOL,  COUNTY VOCATIONAL
 EDUCATION AND EXTENSION BOARD, OR NONPUBLIC  ELEMENTARY,  MIDDLE  AND/OR
 SECONDARY  SCHOOL SYSTEM IN A SCHOOL YEAR DIVIDED BY THE TOTAL NUMBER OF
 PUPILS UNDER THE JURISDICTION OF SUCH DISTRICT,  BOARD,  OR  SYSTEM  FOR
 SUCH SCHOOL YEAR.
   6.  "SCHOOL CHRONIC ABSENTEEISM RATE" MEANS THE TOTAL NUMBER OF CHRON-
 ICALLY ABSENT PUPILS ATTENDING A SCHOOL IN A SCHOOL YEAR DIVIDED BY  THE
 TOTAL NUMBER OF PUPILS ENROLLED IN SUCH SCHOOL FOR SUCH SCHOOL YEAR.
   §  2.  The  education law is amended by adding a new section 3213-a to
 read as follows:
   § 3213-A. CHRONIC ABSENTEEISM. 1. ATTENDANCE REPORTING. A. THE DEPART-
 MENT SHALL DEVELOP A REAL-TIME ATTENDANCE REPORTING SYSTEM AND A SET  OF
 CODES  CONCERNING  THE  TYPES  OF ABSENCES AND REASONS FOR SUCH ABSENCES
 THAT ARE TO BE CATEGORIZED AS AN  "EXCUSED  ABSENCE"  OR  AN  "UNEXCUSED
 ABSENCE".    EVERY  PUBLIC  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, CHARTER SCHOOL, COUNTY VOCATIONAL EDUCATION AND  EXTEN-
 SION  BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL SHALL
 ADOPT AND USE SUCH SYSTEM AND CODES.
   B. EACH PUBLIC  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  CHARTER  SCHOOL,  COUNTY  VOCATIONAL  EDUCATION AND EXTENSION
 BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL  SHALL,  AT
 LEAST  ONCE  PER  MONTH,  POST ON THEIR PUBLIC FACING WEBSITE ANONYMIZED
 STUDENT ATTENDANCE  REPORTING  DATA  WHICH  HAS  BEEN  DISAGGREGATED  BY
 SCHOOL,  GRADE,  RACE  OR  ETHNICITY,  GENDER,  ENGLISH  LEARNER STATUS,
 ECONOMIC STATUS, DISABILITY STATUS, AND ANY OTHER CATEGORY  THE  DEPART-
 MENT DEEMS NECESSARY.
   C.  (1)  EACH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, CHARTER SCHOOL,  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
 BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL SHALL, EACH
 MONTH, SUBMIT TO THE DEPARTMENT ALL STUDENT ATTENDANCE DATA COLLECTED BY
 THE REAL-TIME ATTENDANCE REPORTING SYSTEM DURING THE PREVIOUS MONTH.
   (2)  THE  DEPARTMENT  SHALL  USE  SUCH DATA TO COMPILE REPORTS ON EACH
 SCHOOL AND SCHOOL DISTRICT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) FOR EACH STUDENT IN EACH SCHOOL IN EACH DISTRICT, ANONYMIZED:
   (I) THEIR SCHOOL DISTRICT, SCHOOL OR BOARD, GRADE, RACE OR  ETHNICITY,
 GENDER,  ENGLISH LEARNER STATUS, ECONOMIC STATUS, DISABILITY STATUS, AND
 ANY OTHER CATEGORY THE DEPARTMENT DEEMS NECESSARY.
   (II) THE TOTAL NUMBER OF SCHOOL  DAYS  ENROLLED  IN  SUCH  SCHOOL  AND
 SCHOOL DISTRICT.
   (III)  THE  TOTAL  NUMBER  OF  DAYS  MISSED  FOR EXCUSED AND UNEXCUSED
 ABSENCES.
   (B) THE NUMBER OF STUDENTS AT EACH SCHOOL AND SCHOOL DISTRICT WHO WERE
 REFERRED TO THE STATEWIDE CENTRAL REGISTER FOR CHILD ABUSE AND MALTREAT-
 MENT BECAUSE OF EXCESSIVE ABSENCES IN THE AGGREGATE.
   2. ATTENDANCE REVIEW TEAMS. A. EACH PUBLIC SCHOOL DISTRICT,  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES,  CHARTER  SCHOOL,  COUNTY VOCATIONAL
 EDUCATION AND EXTENSION BOARD,  AND  NONPUBLIC  ELEMENTARY,  MIDDLE  AND
 SECONDARY  SCHOOL  WHICH:  (1)  HAS  A  SCHOOL DISTRICT OR BOARD CHRONIC
 ABSENTEEISM RATE OF TEN PERCENT OR HIGHER SHALL ESTABLISH AN  ATTENDANCE
 REVIEW TEAM FOR THE SCHOOL DISTRICT OR BOARD; (2) HAS A SCHOOL UNDER THE
 JURISDICTION  OF  THE  SCHOOL  DISTRICT  OR  BOARD WITH A SCHOOL CHRONIC
 ABSENTEEISM RATE OF FIFTEEN PERCENT OR HIGHER SHALL ESTABLISH AN ATTEND-
 ANCE REVIEW TEAM AT SUCH SCHOOL; (3) HAS MORE THAN ONE SCHOOL UNDER  THE
 JURISDICTION  OF  THE  SCHOOL  DISTRICT  OR  BOARD WITH A SCHOOL CHRONIC
 A. 10239                            3
 
 ABSENTEEISM RATE OF FIFTEEN PERCENT OR HIGHER SHALL ESTABLISH AN ATTEND-
 ANCE REVIEW TEAM FOR THE SCHOOL DISTRICT  OR  BOARD  AND  AT  EACH  SUCH
 SCHOOL;  OR  (4) HAS A SCHOOL DISTRICT OR BOARD CHRONIC ABSENTEEISM RATE
 OF  TEN PERCENT OR HIGHER AND ONE OR MORE SCHOOLS UNDER THE JURISDICTION
 OF THE BOARD WITH A SCHOOL CHRONIC ABSENTEEISM RATE OF  FIFTEEN  PERCENT
 OR  HIGHER  SHALL  ESTABLISH  AN  ATTENDANCE  REVIEW TEAM FOR THE SCHOOL
 DISTRICT OR BOARD AND AT EACH SUCH SCHOOL. SUCH ATTENDANCE REVIEW  TEAMS
 SHALL  BE  ESTABLISHED  TO  ADDRESS  CHRONIC  ABSENTEEISM  IN THE SCHOOL
 DISTRICT, BOARD, OR AT THE SCHOOL OR SCHOOLS.
   B. ANY ATTENDANCE REVIEW TEAM ESTABLISHED UNDER THIS  SUBDIVISION  MAY
 CONSIST  OF SCHOOL ADMINISTRATORS, SUPERVISORS OF ATTENDANCE AS OUTLINED
 IN SECTION THIRTY-TWO HUNDRED THIRTEEN OF THIS  PART,  GUIDANCE  COUNSE-
 LORS, SCHOOL SOCIAL WORKERS, TEACHERS, AND REPRESENTATIVES FROM COMMUNI-
 TY-BASED  PROGRAMS  WHO  ADDRESS ISSUES RELATED TO STUDENT ATTENDANCE BY
 PROVIDING PROGRAMS AND SERVICES TO SCHOOL  DELINQUENTS,  AS  DEFINED  IN
 SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS PART, AND CHRONICALLY ABSENT
 STUDENTS AND THEIR PARENTS OR PERSON IN PARENTAL RELATION.
   C.  EACH ATTENDANCE REVIEW TEAM SHALL BE RESPONSIBLE FOR REVIEWING THE
 CASES OF TRUANTS AND  CHRONICALLY  ABSENT  STUDENTS,  DISCUSSING  SCHOOL
 INTERVENTIONS  AND  COMMUNITY REFERRALS FOR SUCH TRUANTS AND CHRONICALLY
 ABSENT STUDENTS, AND MAKING  ANY  ADDITIONAL  RECOMMENDATIONS  FOR  SUCH
 TRUANTS  AND  CHRONICALLY ABSENT STUDENTS AND THEIR PARENTS OR PERSON IN
 PARENTAL RELATION. EACH ATTENDANCE REVIEW TEAM SHALL UTILIZE THE  TIERED
 STRATEGIES  DEVELOPED  BY THE DEPARTMENT UNDER SUBDIVISION THREE OF THIS
 SECTION AND SHALL IMPLEMENT HOME VISITS AS A PART OF SUCH STRATEGIES.
   3. TIERED STRATEGIES. A. THE DEPARTMENT, IN CONSULTATION WITH COMMUNI-
 TY-BASED PROGRAMS  AND  ORGANIZATIONS  WHO  ADDRESS  ISSUES  RELATED  TO
 STUDENT  ATTENDANCE  BY PROVIDING PROGRAMS AND SERVICES TO SCHOOL DELIN-
 QUENTS, AS DEFINED IN SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  PART,
 SHALL  DEVELOP GUIDELINES AND REQUIREMENTS FOR THREE TIERS OF STRATEGIES
 RELATING TO CHRONICALLY ABSENT STUDENTS WHICH SHALL BE ADOPTED  BY  EACH
 PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHAR-
 TER SCHOOL, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, AND NONPUB-
 LIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL.
   B. (1) TIER ONE STRATEGIES SHALL BE UNIVERSAL, WHOLE SCHOOL PREVENTION
 ATTENDANCE  STRATEGIES  FOR  ALL  STUDENTS,  INCLUDING  STUDENTS WHO ARE
 ABSENT LESS THAN TEN PERCENT OF SCHOOL DAYS DURING A SCHOOL YEAR FOR ANY
 REASON, INCLUDING EXCUSED AND UNEXCUSED ABSENCES.  TIER  ONE  STRATEGIES
 MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A) INFORMATION THAT DESCRIBES:
   (I) CHRONIC ABSENTEEISM, INCLUDING, BUT NOT LIMITED TO, THE DEFINITION
 OF  SUCH  TERM  UNDER  SECTION  THIRTY-TWO HUNDRED OF THIS PART, AND THE
 CAUSES OF CHRONIC ABSENTEEISM, SUCH AS POVERTY,  VIOLENCE,  POOR  HEALTH
 AND LACK OF ACCESS TO TRANSPORTATION, HOUSING, AND OTHER RESOURCES.
   (II)  THE  EFFECT  OF  CHRONIC  ABSENTEEISM  ON  A  STUDENT'S ACADEMIC
 PERFORMANCE.
   (III) HOW FAMILY AND SCHOOL  PARTNERSHIPS  WITH  COMMUNITY  RESOURCES,
 INCLUDING, BUT NOT LIMITED TO, FAMILY RESOURCE CENTERS AND YOUTH SERVICE
 BUREAUS, CAN REDUCE CHRONIC ABSENTEEISM AND IMPROVE STUDENT ATTENDANCE.
   (B)  DEVELOPING  INDICATORS  TO  IDENTIFY  STUDENTS WHO ARE AT RISK OF
 BEING CHRONICALLY ABSENT CHILDREN.
   (C) MONITORING STUDENTS' ATTENDANCE OVER TIME.
   (D) ADJUSTING INTERVENTIONS AS THEY ARE BEING IMPLEMENTED.
   (2) TIER TWO INTERVENTION STRATEGIES SHALL  BE  TARGETED  INTERVENTION
 STRATEGIES  DEVELOPED  FOR  A STUDENT WHO IS ABSENT AT LEAST TEN PERCENT
 BUT LESS THAN NINETEEN PERCENT OF SCHOOL DAYS DURING A SCHOOL  YEAR  FOR
 A. 10239                            4
 
 ANY  REASON,  INCLUDING  EXCUSED  AND  UNEXCUSED ABSENCES. SCHOOLS SHALL
 UTILIZE HOME VISITS AS A PART OF THEIR TIER TWO INTERVENTION  STRATEGIES
 WHERE  VISITORS ARE THERE TO LEARN FROM FAMILIES, NOT TO ENFORCE ATTEND-
 ANCE  POLICIES OR SANCTIONS. FAMILIES SHALL RECEIVE MULTIPLE HOME VISITS
 THAT SUPPORT BUILDING RELATIONSHIPS OVER  TIME.  TIER  TWO  INTERVENTION
 STRATEGIES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A)  A  RESEARCH-BASED AND DATA-DRIVEN MENTORSHIP MODEL THAT ADDRESSES
 AND ATTEMPTS TO  REDUCE  CHRONIC  ABSENTEEISM  USING  MENTORS,  SUCH  AS
 STUDENTS,   TEACHERS,  ADMINISTRATORS,  INTRAMURAL  AND  INTERSCHOLASTIC
 ATHLETIC COACHES, SCHOOL RESOURCE OFFICERS AND COMMUNITY PARTNERS;
   (B) INCENTIVES AND REWARDS THAT RECOGNIZE SCHOOLS THAT IMPROVE ATTEND-
 ANCE AND REDUCE THE SCHOOL CHRONIC ABSENTEEISM  RATE  AND  STUDENTS  WHO
 IMPROVE THEIR ATTENDANCE;
   (C)  THE  HOLDING  OF A MEETING WITH THE PARENTS OR PERSON IN PARENTAL
 RELATION OF EACH CHILD WHO IS A TRUANT OR CHRONICALLY ABSENT AND  APPRO-
 PRIATE SCHOOL PERSONNEL TO REVIEW AND EVALUATE THE REASONS FOR THE CHILD
 BEING  A  TRUANT  OR  CHRONICALLY ABSENT, PROVIDED SUCH MEETING SHALL BE
 HELD NOT LATER THAN TEN SCHOOL DAYS AFTER THE CHILD'S  FOURTH  UNEXCUSED
 ABSENCE IN A MONTH OR TENTH UNEXCUSED ABSENCE IN A SCHOOL YEAR;
   (D)  COORDINATING SERVICES WITH AND REFERRALS OF CHILDREN TO COMMUNITY
 AGENCIES PROVIDING CHILD AND FAMILY SERVICES;
   (E) ANNUALLY AT THE BEGINNING OF THE SCHOOL YEAR AND UPON ANY  ENROLL-
 MENT DURING THE SCHOOL YEAR, NOTIFYING THE PARENT OR OTHER PERSON HAVING
 CONTROL  OF  EACH  CHILD ENROLLED IN A GRADE FROM KINDERGARTEN TO EIGHT,
 INCLUSIVE, IN THE PUBLIC SCHOOLS IN WRITING OF THE  OBLIGATIONS  OF  THE
 PARENT  OR  SUCH  OTHER  PERSON  PURSUANT  TO SECTION THIRTY-TWO HUNDRED
 TWELVE OF THIS PART;
   (F) ANNUALLY AT THE BEGINNING OF THE SCHOOL YEAR AND UPON ANY  ENROLL-
 MENT  DURING  THE  SCHOOL  YEAR, OBTAINING FROM THE PARENTS OR PERSON IN
 PARENTAL RELATION IN A GRADE FROM  KINDERGARTEN  THROUGH  EIGHTH  GRADE,
 INCLUSIVE,  A  TELEPHONE NUMBER OR OTHER MEANS OF CONTACTING SUCH PARENT
 OR SUCH OTHER PERSON DURING THE SCHOOL DAY;
   (G) (I) THE IMPLEMENTATION OF A TRUANCY INTERVENTION MODEL  IDENTIFIED
 BY  THE  DEPARTMENT  FOR  ANY  SCHOOL  UNDER ITS JURISDICTION THAT HAS A
 DISPROPORTIONATELY HIGH CHRONIC ABSENTEEISM RATE, AS DETERMINED  BY  THE
 DEPARTMENT; AND (II) THE ADOPTION AND IMPLEMENTATION OF A CHRONIC ABSEN-
 TEEISM  INTERVENTION MODEL DEVELOPED BY THE DEPARTMENT THAT ACCOUNTS FOR
 MENTAL AND BEHAVIORAL HEALTH, OR A SIMILAR  CHRONIC  ABSENTEEISM  INTER-
 VENTION PLAN THAT MEETS ALL OF THE REQUIREMENTS FOR SUCH MODEL;
   (H)  A  SYSTEM OF MONITORING INDIVIDUAL UNEXCUSED ABSENCES OF CHILDREN
 IN GRADES KINDERGARTEN THROUGH  EIGHTH  GRADE,  INCLUSIVE,  WHICH  SHALL
 PROVIDE THAT WHENEVER A CHILD ENROLLED IN SCHOOL IN ANY SUCH GRADE FAILS
 TO  REPORT  TO  SCHOOL  ON A REGULARLY SCHEDULED SCHOOL DAY AND NO INDI-
 CATION HAS BEEN RECEIVED BY SCHOOL PERSONNEL THAT THE CHILD'S PARENTS OR
 PERSON IN PARENTAL RELATION IS AWARE OF THE STUDENT'S ABSENCE, A REASON-
 ABLE EFFORT TO NOTIFY THE PARENTS OR  PERSON  IN  PARENTAL  RELATION  BY
 TELEPHONE  AND  BY  MAIL SHALL BE MADE BY SCHOOL PERSONNEL OR VOLUNTEERS
 UNDER THE DIRECTION OF SCHOOL PERSONNEL;
   (I) PROVIDING NOTICE TO THE PARENT OR GUARDIAN OF A  CHILD  WHO  IS  A
 TRUANT  OF  THE INFORMATION CONCERNING THE EXISTENCE AND AVAILABILITY OF
 THE 2-1-1 INFOLINE PROGRAM, AND OTHER PEDIATRIC  MENTAL  AND  BEHAVIORAL
 HEALTH SCREENING SERVICES AND TOOLS; AND
   (J)  A REQUIREMENT THAT AN APPROPRIATE SCHOOL MENTAL HEALTH SPECIALIST
 CONDUCT AN EVALUATION OF EACH CHILD WHO IS CHRONICALLY ABSENT TO  DETER-
 MINE IF ADDITIONAL BEHAVIORAL HEALTH INTERVENTIONS ARE NECESSARY FOR THE
 WELL-BEING  OF  THE  CHILD; PROVIDED THAT ANY PERSON WHO, IN GOOD FAITH,
 A. 10239                            5
 
 GIVES OR FAILS TO GIVE NOTICE OF THIS CLAUSE SHALL BE  IMMUNE  FROM  ANY
 LIABILITY,  CIVIL  OR  CRIMINAL,  WHICH  MIGHT  OTHERWISE BE INCURRED OR
 IMPOSED AND SHALL HAVE THE SAME IMMUNITY WITH RESPECT  TO  ANY  JUDICIAL
 PROCEEDING  WHICH  RESULTS  FROM  SUCH  NOTICE  OR  FAILURE TO GIVE SUCH
 NOTICE.
   (3) TIER THREE INTERVENTION STRATEGIES  SHALL  BE  TARGETED  INTENSIVE
 INTERVENTION  STRATEGIES  DEVELOPED  FOR  A STUDENT WHO IS ABSENT TWENTY
 PERCENT OF SCHOOL DAYS DURING A SCHOOL YEAR FOR  ANY  REASON,  INCLUDING
 EXCUSED  AND  UNEXCUSED ABSENCES. SCHOOLS SHALL UTILIZE HOME VISITS AS A
 PART OF THEIR TIER TWO INTERVENTION STRATEGIES WHERE VISITORS ARE  THERE
 TO LEARN FROM FAMILIES, NOT TO ENFORCE ATTENDANCE POLICIES OR SANCTIONS.
 FAMILIES  SHALL  RECEIVE  MULTIPLE  HOME  VISITS  THAT  SUPPORT BUILDING
 RELATIONSHIPS  OVER  TIME.  TIER  THREE  INTERVENTION  STRATEGIES  SHALL
 INCLUDE ALL TIER TWO INTERVENTION STRATEGIES AS WELL AS ANY OTHER STRAT-
 EGIES THE DEPARTMENT REQUIRES.
   4.  EARLY  WARNING  SYSTEMS.  A. THE DEPARTMENT SHALL DEVELOP AND EACH
 PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHAR-
 TER SCHOOL, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, AND NONPUB-
 LIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL  SHALL  IMPLEMENT  AN  EARLY
 WARNING SYSTEM TO IDENTIFY STUDENTS WHO NEED SUPPORT TO IMPROVE ACADEMIC
 PERFORMANCE,  ATTENDANCE,  OR  ENGAGEMENT  IN SCHOOL. SUCH SYSTEMS SHALL
 UTILIZE THE THREE TIERS OF STRATEGIES  RELATING  TO  CHRONICALLY  ABSENT
 STUDENTS  DEVELOPED  UNDER  SUBDIVISION THREE OF THIS SECTION. THE EARLY
 WARNING SYSTEMS SHALL ALERT THE SCHOOL, BOARD, AND DISTRICT  WHENEVER  A
 STUDENT:
   (1)  HAS  BEEN  ABSENT  AT  LEAST  TEN PERCENT OF SCHOOL DAYS DURING A
 SCHOOL YEAR FOR ANY REASON, INCLUDING EXCUSED AND UNEXCUSED ABSENCES.
   (2) HAS RECEIVED AN IN SCHOOL OR OUT OF SCHOOL SUSPENSION.
   (3) HAS FAILED OR IS CURRENTLY FAILING ANY CLASS  DURING  ANY  GRADING
 PERIOD.
   (4)  DISPLAYS  ANY  OTHER INDICATOR DETERMINED RELEVANT BY THE DEPART-
 MENT.
   B. THE EARLY WARNING SYSTEM SHALL BE CAPABLE OF PROVIDING:
   (1) THE NUMBER OF STUDENTS IDENTIFIED BY THE SYSTEM AS EXHIBITING  TWO
 OR MORE EARLY WARNING INDICATORS.
   (2) THE NUMBER OF STUDENTS, ORGANIZED BY GRADE LEVEL, WHO EXHIBIT EACH
 EARLY WARNING INDICATOR.
   (3)  A  DESCRIPTION OF EACH TIERED STRATEGY USED BY THE SCHOOL, BOARD,
 OR DISTRICT TO IMPROVE THE ACADEMIC PERFORMANCE, ATTENDANCE, OR  ENGAGE-
 MENT FOR STUDENTS WHO EXHIBIT AT LEAST ONE EARLY WARNING INDICATOR.
   C. EACH SCHOOL, BOARD, AND DISTRICT'S ATTENDANCE REVIEW TEAM SHALL:
   (1)  IMPLEMENT  AND MONITOR THE EARLY WARNING SYSTEM DESCRIBED IN THIS
 SUBDIVISION.
   (2) IDENTIFYING STUDENTS WHO EXHIBIT AT LEAST TWO EARLY WARNING  INDI-
 CATORS  AND  DEVELOPING  APPROPRIATE  INTERVENTION  STRATEGIES  FOR  THE
 STUDENT, UNLESS THE STUDENT IS ALREADY BEING SERVED BY A TIERED  STRATE-
 GY.
   (3)  IDENTIFYING STUDENTS WHO HAVE THE POTENTIAL TO BECOME CHRONICALLY
 ABSENT.
   5. ATTENDANCE POLICIES. EACH PUBLIC SCHOOL DISTRICT, BOARD OF  COOPER-
 ATIVE  EDUCATIONAL SERVICES, CHARTER SCHOOL, COUNTY VOCATIONAL EDUCATION
 AND EXTENSION BOARD, AND  NONPUBLIC  ELEMENTARY,  MIDDLE  AND  SECONDARY
 SCHOOL  SHALL PROVIDE A COPY OF THEIR ATTENDANCE POLICIES TO ALL PARENTS
 OR PERSONS IN PARENTAL RELATION OF STUDENTS IN THAT  SCHOOL,  BOARD,  OR
 DISTRICT AND PUBLISH THE POLICY ON THEIR WEBSITE. SUCH ATTENDANCE POLICY
 SHALL  INCLUDE, BUT NOT BE LIMITED TO: (1) THE RIGHTS AND OBLIGATIONS OF
 A. 10239                            6
 
 PARENTS, PERSONS IN PARENTAL RELATION, AND  STUDENTS  PURSUANT  TO  THIS
 PART;  (2)  THE PREVENTION STRATEGIES THAT WILL BE IMPLEMENTED TO ENSURE
 THAT STUDENTS ATTEND CLASSES; AND  (3)  DETAILS  ABOUT  CONSEQUENCES  OF
 FAILING  TO  ADHERE TO THE ATTENDANCE POLICY. NO ATTENDANCE POLICY SHALL
 INCLUDE THE USE OF SUSPENSIONS OR EXPULSIONS.
   § 3. Subdivision 1-a of section 3202 of the education law, as added by
 chapter 400 of the laws of 1981, is amended to read as follows:
   1-a. A. No pupil over the compulsory attendance age in  [his  or  her]
 THEIR school district shall be dropped from enrollment unless [he or she
 has]  THEY  HAVE  been  absent  twenty  consecutive  school days and the
 following procedure is complied with: The  principal  or  superintendent
 shall  schedule  and  notify,  in writing and at the last known address,
 both the student and the person in parental relation to the  student  of
 an  informal conference.   THE CONFERENCE SHALL BE OFFERED TO TAKE PLACE
 AT THE PUPIL'S RESIDENCE. At the conference the principal  [or],  super-
 intendent,  AND  MEMBER  OR  MEMBERS  OF  THE ATTENDANCE REVIEW TEAM, IF
 APPLICABLE, shall determine both the reasons for the pupil's absence and
 whether reasonable changes in  the  pupil's  educational  program  would
 encourage  and  facilitate [his or her] THEIR re-entry or continuance of
 study. The pupil and the person in parental relation shall  be  informed
 orally  and  in writing of the pupil's right to re-enroll at any time in
 the public school maintained in the district where [he or  she  resides]
 THEY  RESIDE,  if  otherwise qualified under this section. [If the pupil
 and the person in parental relationship fail, after  reasonable  notice,
 to attend the informal conference, the pupil may be dropped from enroll-
 ment  provided  that  he  or she and the person in parental relation are
 notified in writing of the right to re-enter at any time,  if  otherwise
 qualified  under  this  section.]  SUCH  PARENTAL RELATION SHALL SIGN AN
 EDUCATION WITHDRAWAL AND ENROLLMENT FORM. SUCH EDUCATION WITHDRAWAL  AND
 ENROLLMENT  FORM SHALL INCLUDE AN ATTESTATION: (1) FROM A SCHOOL COUNSE-
 LOR OR SCHOOL ADMINISTRATOR OF THE SCHOOL THAT SUCH SCHOOL DISTRICT  HAS
 PROVIDED  SUCH  PARENT  OR  PERSON  WITH  INFORMATION ON THE EDUCATIONAL
 OPTIONS AVAILABLE IN THE SCHOOL SYSTEM AND IN  THE  COMMUNITY;  AND  (2)
 FROM SUCH PARENTAL RELATION THAT SUCH CHILD WILL BE ENROLLED IN AN ADULT
 EDUCATION PROGRAM UPON SUCH CHILD'S WITHDRAWAL FROM SCHOOL.
   B.  FOR  ANY  CHILD  REGARDLESS  OF AGE, THE PARENT MAY INDICATE OTHER
 REASONS FOR REMOVING THE CHILD  FROM  SCHOOL  SUCH  AS  TRANSFERRING  TO
 ANOTHER  PUBLIC SCHOOL IN THE STATE, ENROLLING IN PRIVATE SCHOOL, TRANS-
 FERRING TO A CHARTER SCHOOL, OR RECEIVING HOMESCHOOLING INSTRUCTION. IF,
 HOWEVER, THE PARENT DOES NOT TAKE  AFFIRMATIVE  STEPS  TO  WITHDRAW  THE
 CHILD  FROM  SCHOOL,  THEN THE CHILD MUST REMAIN ENROLLED IN THE SCHOOL.
 THE DISTRICT SHALL CONTINUE ITS EFFORTS TO TRY AND REENGAGE THE CHILD TO
 RETURN TO SCHOOL.
   C. IF THE DISTRICT HAS BEEN UNABLE  TO  LOCATE  THE  CHILD,  THEN  THE
 DISTRICT  SHALL  ENSURE THAT IT HAS EXHAUSTED ITS DUE PROCESS PROCEDURES
 AND PRACTICES. THESE STEPS INCLUDE, BUT ARE NOT LIMITED TO, SENDING MAIL
 TO THE STUDENT'S LAST KNOWN ADDRESS, HOME VISITATION BY A  SCHOOL  OFFI-
 CIAL,  HEALTH/SAFETY  VISIT BY LAW ENFORCEMENT, AND FILING A REFERRAL OF
 EDUCATIONAL NEGLECT WITH THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE
 AND  MALTREATMENT.  IF  AFTER  ALL THESE AND ANY ADDITIONAL EFFORTS, THE
 DISTRICT HAS STILL BEEN UNABLE TO LOCATE THE CHILD, AND HAS A REASONABLE
 BELIEF THAT THE STUDENT HAS MOVED OUT OF THE  DISTRICT,  TRANSFERRED  TO
 ANOTHER  SCHOOL IN THE STATE, OR IS RECEIVING HOMESCHOOLING INSTRUCTION,
 THEN IN VERY LIMITED CIRCUMSTANCES THE DISTRICT MAY DROP THE PUPIL  FROM
 ENROLLMENT.  NO  SCHOOL SHALL REMOVE A PUPIL FROM THE ENROLLMENT WITHOUT
 CONDUCTING A HOME VISITATION BY A SCHOOL OFFICIAL. THE EXIT  DATE  SHALL
 A. 10239                            7
 
 BE  THE  DATE  WHEN  THE DISTRICT COMPLETES ITS DUE PROCESS AND THE EXIT
 DATE SHALL NOT BE BACKDATED. CONVERSELY, IF THE DUE  PROCESS  PROCEDURES
 ALLOW  THE  DISTRICT  TO VERIFY THAT THE STUDENT ACTUALLY TRANSFERRED TO
 ANOTHER  SCHOOL, THEN THE INFORMATION OBTAINED SHALL BE USED TO REPORT A
 TRANSFER DATE. IN SUCH CASES WHERE THE CHILD'S WHEREABOUTS ARE  UNKNOWN,
 THERE  IS  NO  SPECIFIC  TIME  PERIOD THAT DICTATES WHEN TO UNREGISTER A
 STUDENT BECAUSE IT WILL DEPEND ON THE SPECIFICS OF THE SITUATION AND THE
 TIME IT TAKES FOR THE DISTRICT  TO  COMPLETE  ITS  ADOPTED  DUE  PROCESS
 PROCEDURES,  TO PURSUE ANY AND ALL EFFORTS TO LOCATE THE STUDENT, AND TO
 INVESTIGATE THE REASONABLE BELIEF  THAT  THE  CHILD  HAS  MOVED  OUT  OF
 DISTRICT.  PRIOR  TO SEEKING TO UNREGISTER A STUDENT, THE DISTRICT SHALL
 CONSIDER: (1) IF IT HAS MADE A GOOD FAITH EFFORT TO ASCERTAIN THE STATUS
 OF THE STUDENT; (2) IF IT HAS EVIDENCE WHICH  SUPPORTS  THE  EFFORTS  TO
 LOCATE THE STUDENT; AND (3) IF IT HAS DOCUMENTATION OF THE PROCESS LEAD-
 ING UP TO THE STUDENT'S REMOVAL THROUGH UNREGISTRATION.
   §  4.  Paragraph  a  of subdivision 2 of section 3213 of the education
 law, as amended by chapter 662 of the laws of 1955, is amended  to  read
 as follows:
   a.  Arrest  of  truants PROHIBITED.   [A] NO supervisor of attendance,
 attendance teacher or attendance officer, as the case may be, may arrest
 [without warrant] any  [minor]  PUPIL  who  is  unlawfully  absent  from
 attendance  upon  instruction.  [He  shall  forthwith place the minor so
 arrested in attendance upon required instruction and  shall  notify  the
 parent  or  guardian of the minor, and he may then begin proceedings for
 his commitment as a school delinquent or  arraign  him  before  a  court
 having  jurisdiction.  Where  a minor resides in one school district and
 attends school in another school district, the supervisor of attendance,
 attendance teacher or attendance officer of the district where the minor
 resides and the supervisor of attendance, attendance teacher or  attend-
 ance  officer of the district where said minor attends school shall have
 concurrent jurisdiction with reference to said minor and to  the  person
 or persons in parental relation to him.]
   §  5.  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 effective date.