Assembly Bill A2240

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2240
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A. SIMON, WEPRIN, CRUZ, BURDICK -- 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]  SUCH  MINOR resides or is employed, for the entire time the
 appropriate public schools or classes are in session and shall be subor-
 dinate 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.
                                                            LBD04806-01-5
              

 A. 2240                             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]
 SUCH  PRINCIPAL'S  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,  sepa-
 ration  or custody which provides evidence to the contrary. No situation
 shall be deemed an emergency until the facts of such situation have been
 verified by such principal or [his] SUCH PRINCIPAL'S designee. No  civil
 or  criminal  liability  shall arise or attach to any school district or
 employee thereof for any act or omission to act as a result  of,  or  in
 connection with, the duties or activities 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] SUCH MINOR 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] SUCH MINOR 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.