S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    323
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. PAULIN, McDONOUGH -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation to the compulsory age for
   full time instruction and certain related exceptions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  11  of  section 2 of the education law, as
 amended by chapter 363 of the laws  of  1990,  is  amended  to  read  as
 follows:
   11.  Compulsory school ages. The term "child of compulsory school age"
 means any child [between six and sixteen years of age] lawfully required
 to attend upon instruction PURSUANT TO SECTION THIRTY-TWO  HUNDRED  FIVE
 OF THIS CHAPTER.
   §  2. Subdivision 1, paragraph c of subdivision 2 and subdivision 3 of
 section 3205 of the education law, subdivision 1 as amended  by  chapter
 262  of the laws of 1959, paragraphs a and b of subdivision 1 as amended
 by chapter 296 of the laws of 1969, paragraph  c  of  subdivision  1  as
 amended by chapter 518 of the laws of 1993, paragraph c of subdivision 2
 as  amended  by  chapter  703  of  the laws of 2019 and subdivision 3 as
 amended by chapter 183 of the laws of  2004,  are  amended  to  read  as
 follows:
   1. a. In each school district of the state, each minor from [six] FIVE
 to sixteen years of age shall attend upon full time instruction.
   b.  Each  minor  from  [six] FIVE to sixteen years of age on an Indian
 reservation shall attend upon full time day instruction.
   c. For purposes of this article, a minor who becomes [six] FIVE  years
 of  age  on  or before the first of December in any school year OR ON OR
 BEFORE A LATER DATE IN SUCH SCHOOL YEAR, NOT LATER THAN  DECEMBER  THIR-
 TY-FIRST,  ESTABLISHED  BY THE TRUSTEES OR BOARD OF EDUCATION FOR ADMIS-
 SION TO THE PUBLIC SCHOOLS IN SUCH MINOR'S SCHOOL DISTRICT OF  RESIDENCE
 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] FIVE years of age after
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01054-01-5
 A. 323                              2
 
 the first of December in any school year OR A LATER DATE IN SUCH  SCHOOL
 YEAR,  NOT LATER THAN DECEMBER THIRTY-FIRST, ESTABLISHED BY THE TRUSTEES
 OR BOARD OF EDUCATION FOR  ADMISSION  TO  THE  PUBLIC  SCHOOLS  IN  SUCH
 MINOR'S  SCHOOL  DISTRICT  OF RESIDENCE 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 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.
   3. In each school district, the board of education shall have power to
 require minors from sixteen to  seventeen  years  of  age  who  are  not
 employed  to attend upon full time day instruction until the last day of
 session in the school year in which the student becomes seventeen  years
 of  age.]  A  MINOR WHO WILL BECOME FIVE YEARS OF AGE IN ANY SCHOOL YEAR
 AND WHOSE PARENT ELECTS NOT TO ENROLL THEIR  CHILD  IN  SCHOOL  IN  SUCH
 SCHOOL  YEAR AND SUBMITS A NOTICE OF ELECTION PURSUANT TO THE PROVISIONS
 OF THIS PARAGRAPH SHALL  NOT  BE  REQUIRED  TO  ATTEND  UPON  FULL  TIME
 INSTRUCTION UNTIL THE FIRST DAY OF SESSION IN SEPTEMBER OF THE FOLLOWING
 SCHOOL YEAR. THE PARENT SHALL SUBMIT A WRITTEN NOTICE TO THE SUPERINTEN-
 DENT  OF  SCHOOLS OF THEIR CHILD'S SCHOOL DISTRICT OF RESIDENCE OF THEIR
 ELECTION NOT TO ENROLL THEIR CHILD BY NO LATER THAN  THE  FIRST  DAY  OF
 APRIL PRECEDING THE SCHOOL YEAR IN WHICH THE CHILD BECOMES FIVE YEARS OF
 AGE,  PROVIDED  HOWEVER  THAT WHERE THE CHILD'S SCHOOL DISTRICT OF RESI-
 DENCE CHANGES AFTER SUCH DATE, THE PARENT MAY SUBMIT SUCH NOTICE  WITHIN
 THIRTY DAYS AFTER ESTABLISHING RESIDENCE IN THE NEW SCHOOL DISTRICT. THE
 TRUSTEES  OR BOARD OF EDUCATION SHALL SEND WRITTEN NOTICE TO THE PARENTS
 OF EACH CHILD IDENTIFIED THROUGH THE SCHOOL CENSUS  OR  CHILD  FIND  WHO
 MIGHT  BE  ELIGIBLE TO MAKE AN ELECTION PURSUANT TO THIS PARAGRAPH BY NO
 LATER THAN THE PRECEDING MARCH  FIRST.  THE  SUPERINTENDENT  OF  SCHOOLS
 SHALL  NOT REJECT A NOTICE OF ELECTION SUBMITTED BY A PARENT AS UNTIMELY
 IF THE PARENT ESTABLISHES THAT THE DISTRICT  FAILED  TO  PROVIDE  TIMELY
 NOTICE  TO THE PARENT OR THAT THE DELAY WAS CAUSED BY FACTORS BEYOND THE
 CONTROL OF THE PARENT,  INCLUDING  BUT  NOT  LIMITED  TO,  THE  PARENT'S
 ABSENCE  FROM  THE  STATE  OR COUNTRY FOR MILITARY SERVICE, THE PARENT'S
 INCAPACITY DUE TO ILLNESS OR DISABILITY, DISRUPTION OF MAIL SERVICE  DUE
 TO  SEVERE  WEATHER  CONDITIONS,  LOSS OF ELECTRICITY OR OTHER EMERGENCY
 CONDITIONS,  AND  THE  PARENT'S  INABILITY  TO  UNDERSTAND  THE   SCHOOL
 DISTRICT'S NOTICE BECAUSE IT WAS NOT SUBMITTED IN THE NATIVE LANGUAGE OR
 OTHER  MODE  OF COMMUNICATION USED BY THE PARENT. THE COMMISSIONER SHALL
 PRESCRIBE THE FORM OF THE NOTICES REQUIRED BY THIS PARAGRAPH  AND  SHALL
 BE  AUTHORIZED TO ADOPT REGULATIONS TO IMPLEMENT THIS PARAGRAPH. NOTHING
 IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE SCHOOL OFFICIALS  TO
 DENY ADMISSION TO A STUDENT WHO IS ENTITLED TO ATTEND SCHOOL PURSUANT TO
 SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED TWO OF THIS PART AND WHOSE
 PARENT  HAS PREVIOUSLY FILED A NOTICE OF ELECTION PURSUANT TO THIS PARA-
 GRAPH FOR THE SCHOOL YEAR.
   § 3. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.