S T A T E O F N E W Y O R K
________________________________________________________________________
4707
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. EACHUS, ROSENTHAL, RAMOS, STIRPE, STECK, COLTON,
BRABENEC -- Multi-Sponsored by -- M. of A. DAVILA, PEOPLES-STOKES,
SIMON -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to attendance of minors
at full-time day instruction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 subdivi-
sion 1 as amended by chapter 518 of the laws of 1993, paragraph b of
subdivision 2 as amended by chapter 975 of the laws of 1966, 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, is amended
to read as follows:
§ 3205. Attendance of minors upon [full time] FULL-TIME day instruc-
tion. 1. a. In each school district of the state, each minor from six to
[sixteen] EIGHTEEN years of age shall attend upon [full time] FULL-TIME
instruction, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
b. Each minor from six to [sixteen] EIGHTEEN years of age on an Indian
reservation shall attend upon [full time] FULL-TIME day instruction,
EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
c. For purposes of this article, a minor who becomes six years of age
on or before the first of December in any school year shall be required
to attend upon [full time] 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 in any school year shall be required to attend upon [full time]
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08366-01-5
A. 4707 2
day of session in the school year in which the minor becomes sixteen
years of age.
2. Exceptions. a. A minor who has completed a four-year high school
course of study OR HAS PASSED A HIGH SCHOOL EQUIVALENCY EXAMINATION
shall not be subject to the provisions of THIS part [one of this arti-
cle] in respect to required attendance upon instruction.
b. A minor for whom application for a full-time employment certificate
has been made and who is eligible therefor may, though unemployed, be
permitted to attend [part time] PART-TIME school not less than twenty
hours per week instead of [full time] FULL-TIME school.
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.
D. A MINOR SEVENTEEN YEARS OF AGE OR OLDER WHO PARTICIPATES, WITH THE
CONSENT OF THE SCHOOL DISTRICT AND THE PERSON IN PARENTAL RELATION TO
SUCH MINOR, IN A COURSE OF INSTRUCTION IN VOCATIONAL OR OCCUPATIONAL
SKILLS SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS PART WITH RESPECT
TO REQUIRED ATTENDANCE UPON INSTRUCTION.
3. In each school district, the board of education shall have power to
require minors [from sixteen to seventeen] EIGHTEEN years of age who are
not employed to attend upon [full time] FULL-TIME day instruction until
the last day of session in the school year in which the student becomes
[seventeen] EIGHTEEN years of age.
4. IN EACH SCHOOL DISTRICT OF THE STATE, EACH PERSON OVER THE AGE OF
EIGHTEEN YEARS AND UNDER THE AGE OF NINETEEN YEARS, WHO DOES NOT ATTEND
UPON FULL-TIME INSTRUCTION, SHALL ENROLL AND PARTICIPATE IN A GENERAL
EDUCATION DEVELOPMENT COURSE OF STUDY UNTIL SUCH PERSON REACHES THE AGE
OF NINETEEN YEARS, OR SUCH PERSON PASSES THE HIGH SCHOOL EQUIVALENCY
EXAMINATION FOR SUCH COURSE OF STUDY, WHICHEVER SHALL OCCUR FIRST.
§ 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.