S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8975
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  establishing  open
   enrollment schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The section heading of section 3202 of the education law is
 amended to read as follows:
   [Public] FREE PUBLIC schools [free to resident  pupils;  tuition  from
 nonresident pupils].
   §  2.  Subdivisions  1,  2 and 3 of section 3202 of the education law,
 subdivision 1 as amended by section 47 of part PP of chapter 56  of  the
 laws of 2022, are amended to read as follows:
   1.  A  person  over five and under twenty-one years of age who has not
 received a high school diploma is entitled to attend the public  schools
 maintained  in the district in which such person resides OR TO ATTEND AN
 OPEN ENROLLMENT SCHOOL, AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION,
 without the payment of tuition. Provided further that  such  person  may
 continue  to  attend  the  public  school  in  such district in the same
 manner, if temporarily residing outside the boundaries of  the  district
 when  relocation  to  such  temporary residence is a consequence of such
 person's parent or person  in  parental  relationship  being  called  to
 active  military  duty,  other  than training. Notwithstanding any other
 provision of law to the contrary,  the  school  district  shall  not  be
 required to provide transportation between a temporary residence located
 outside  of  the  school  district  and  the school the child attends. A
 veteran of any age who shall have served as a member of the armed forces
 of the United States and who (a) shall have  been  discharged  therefrom
 under conditions other than dishonorable, or (b) has a qualifying condi-
 tion,  as  defined in section one of the veterans' services law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13011-01-5
              

 A. 8975                             2
 
 service,  or (c) is a discharged LGBT veteran, as defined in section one
 of the veterans' services law, and has received a discharge  other  than
 bad  conduct  or  dishonorable  from such service, may attend any of the
 public  schools  of the state upon conditions prescribed by the board of
 education, and such veterans shall be included in the  pupil  count  for
 state  aid  purposes. A nonveteran under twenty-one years of age who has
 received a high school diploma shall be permitted to attend  classes  in
 the  schools of the district in which such person resides or in a school
 of a board of cooperative educational services upon payment  of  tuition
 under  such  terms and conditions as shall be established in regulations
 promulgated by  the  commissioner;  provided,  however,  that  a  school
 district  may  waive  the payment of tuition for such nonveteran, but in
 any case such a nonveteran who has received a high school diploma  shall
 not  be  counted  for  any  state aid purposes. Nothing herein contained
 shall, however, require a board  of  education  to  admit  a  child  who
 becomes  five  years  of  age after the school year has commenced unless
 [his or her] SUCH CHILD'S birthday occurs on  or  before  the  first  of
 December.
   2.  Nonresidents of a district, if otherwise [competent, may be admit-
 ted] ELIGIBLE TO ENROLL INTO A PUBLIC SCHOOL OF THIS STATE ARE  ENTITLED
 TO  ENROLL  into  the school or schools of [a] ANOTHER district or city,
 [upon the consent of the trustees or the board of education, upon  terms
 prescribed  by  such  trustees  or  board] IF THE NONRESIDENT DISTRICT'S
 BOARD OF EDUCATION HAS ADOPTED AN OPEN ENROLLMENT POLICY  AND  ENROLLING
 THE  NONRESIDENT PUPIL IS CONSISTENT WITH SUCH POLICY.  THE POLICY SHALL
 BE EASILY ACCESSIBLE FROM THE  HOMEPAGE  OF  THE  SCHOOL  DISTRICT  THAT
 ADOPTED  THE  OPEN  ENROLLMENT POLICY. THE SCHOOL DISTRICT PROVIDING FOR
 OPEN ENROLLMENT SHALL PUBLISH AND KEEP UPDATED ON ITS WEBSITE EACH  OPEN
 ENROLLMENT SCHOOL'S CAPACITY AND WHETHER THE SCHOOL IS CURRENTLY ACCEPT-
 ING  OPEN  ENROLLMENT  PUPILS,  BY GRADE LEVEL, AT LEAST ONCE EVERY FOUR
 WEEKS UNLESS THERE ARE NO CHANGES TO REPORT FOR THE  INDIVIDUAL  SCHOOL.
 THE  POLICY SHALL SET FORTH THE PROCESS FOR APPLYING FOR ENROLLMENT, ANY
 DEADLINES THAT THE OPEN ENROLLMENT SCHOOL SETS, AND THE APPLICATION FORM
 THAT INTERESTED FAMILIES SHALL USE. OPEN ENROLLMENT SCHOOLS SHALL HAVE A
 PROCESS FOR WAIVING ANY DEADLINES FOR APPLICATIONS FOR OPEN  ENROLLMENT.
 THE ADOPTED OPEN ENROLLMENT POLICY SHALL REQUIRE WRITTEN NOTIFICATION OF
 WHETHER  AN  APPLICATION HAS BEEN APPROVED OR DENIED WITHIN A REASONABLE
 AMOUNT OF TIME OF THE APPLICATION BEING SUBMITTED.
   A. THE PARENT OR LEGAL GUARDIAN OF AN INTERESTED PUPIL MAY  SUBMIT  AN
 APPLICATION  TO  AN  OPEN  ENROLLMENT SCHOOL AND SHALL NOT BE CHARGED AN
 APPLICATION FEE. THE OPEN ENROLLMENT SCHOOL SHALL FOLLOW  ITS  PUBLISHED
 OPEN  ENROLLMENT  PROCESS  AND  SHALL  NOT  VIOLATE ANY STATE OR FEDERAL
 DISCRIMINATION LAWS THAT APPLY TO PUBLIC SCHOOL ENROLLMENT PRACTICES.  A
 SCHOOL  DISTRICT  SHALL  GIVE ENROLLMENT PREFERENCE TO AND SHALL RESERVE
 CAPACITY FOR ALL OF THE FOLLOWING  PUPILS:  (I)  RESIDENT  PUPILS;  (II)
 PUPILS  RETURNING  TO  THE  SCHOOL  FROM  THE  PREVIOUS  YEAR; AND (III)
 SIBLINGS OF PUPILS ALREADY ENROLLED. IF THE NUMBER  OF  ELIGIBLE  APPLI-
 CANTS TO A PARTICULAR OPEN ENROLLMENT SCHOOL EXCEEDS THAT SCHOOL'S MAXI-
 MUM  PUBLISHED  ENROLLMENT  AND AFTER FIRST GRANTING ENROLLMENT TO THOSE
 PUPILS LISTED  IN  THE  ABOVE-REFERENCED  ENROLLMENT  PREFERENCES,  THAT
 SCHOOL  SHALL  SELECT  PUPILS  FOR  AVAILABLE SLOTS THROUGH AN EQUITABLE
 SELECTION PROCESS SUCH AS A LOTTERY, EXCEPT  THAT  PREFERENCE  SHALL  BE
 GIVEN  TO  THE SIBLINGS OF A PUPIL ALREADY SELECTED THROUGH AN EQUITABLE
 SELECTION PROCESS SUCH AS  A  LOTTERY.  PUPILS  ENROLLED  INTO  AN  OPEN
 ENROLLMENT  SCHOOL  AND  WHO  ARE  IN GOOD STANDING NEED NOT REAPPLY FOR
 ADMISSION FOR SUBSEQUENT YEARS.
 A. 8975                             3
 
   B. NO SCHOOL DISTRICT BOARD OF EDUCATION THAT ADOPTS AN  OPEN  ENROLL-
 MENT POLICY SHALL BE REQUIRED TO:
   (I) MAKE ALTERATIONS IN THE STRUCTURE OF A REQUESTED SCHOOL OR TO MAKE
 ALTERATIONS  TO  THE ARRANGEMENT OR FUNCTION OF ROOMS WITHIN A REQUESTED
 SCHOOL;
   (II) ESTABLISH AND OFFER ANY PARTICULAR PROGRAM IN A  SCHOOL  IF  SUCH
 PROGRAM IS NOT CURRENTLY OFFERED IN SUCH SCHOOL; OR
   (III)  ALTER OR WAIVE ANY ESTABLISHED ELIGIBILITY CRITERIA FOR PARTIC-
 IPATION IN A PARTICULAR  PROGRAM,  INCLUDING  AGE  REQUIREMENTS,  COURSE
 PREREQUISITES, AND REQUIRED LEVELS OF PERFORMANCE;
   C.  A  SCHOOL  DISTRICT  WHO ADOPTS AN OPEN ENROLLMENT POLICY MAY DENY
 ENROLLMENT TO ANY NONRESIDENT PUPIL FOR ONE OF THE FOLLOWING REASONS:
   (I) LACK OF SPACE OR CAPACITY WITHIN A PARTICULAR SCHOOL REQUESTED, IN
 WHICH CASE, PRIORITY SHALL BE GIVEN  TO  RESIDENT  PUPILS  APPLYING  FOR
 ADMISSION TO SUCH SCHOOL;
   (II)  THE  SCHOOL  REQUESTED DOES NOT OFFER APPROPRIATE PROGRAMS OR IS
 NOT STRUCTURED OR EQUIPPED WITH THE NECESSARY  FACILITIES  TO  MEET  THE
 SPECIAL  NEEDS  OF  THE  PUPIL  OR  DOES  NOT OFFER A PARTICULAR PROGRAM
 REQUESTED;
   (III) THE PUPIL DOES NOT MEET THE ESTABLISHED ELIGIBILITY CRITERIA FOR
 PARTICIPATION IN  A  PARTICULAR  PROGRAM,  INCLUDING  AGE  REQUIREMENTS,
 COURSE PREREQUISITES, AND REQUIRED LEVELS OF PERFORMANCE;
   (IV)  A  DESEGREGATION  PLAN IS IN EFFECT FOR THE SCHOOL DISTRICT, AND
 SUCH DENIAL IS NECESSARY IN  ORDER  TO  MAINTAIN  COMPLIANCE  WITH  SUCH
 DESEGREGATION PLAN; OR
   (V)  THE  PUPIL  HAS  BEEN  EXPELLED  OR  IS  IN  THE PROCESS OF BEING
 EXPELLED.
   D. AN OPEN ENROLLMENT SCHOOL SHALL ACCEPT CREDITS  TOWARDS  GRADUATION
 THAT WERE AWARDED TO THE NONRESIDENT PUPIL BY ANOTHER DISTRICT AND SHALL
 GRADUATE  A  NONRESIDENT  PUPIL  IF  THAT  PUPIL  MEETS  THE NONRESIDENT
 DISTRICT'S OWN GRADUATION REQUIREMENTS.
   E. FOR PURPOSES OF  OPEN  ENROLLMENT,  NEITHER  THE  SENDING  NOR  THE
 RECEIVING  SCHOOL  DISTRICT SHALL BE OBLIGATED TO PROVIDE TRANSPORTATION
 SERVICES FOR PUPILS ATTENDING AN  OPEN  ENROLLMENT  SCHOOL  OUTSIDE  THE
 PUPIL'S  RESIDENT DISTRICT. IF TRANSPORTATION SERVICES ARE PROVIDED, THE
 COSTS ASSOCIATED WITH THE TRANSPORTATION SHALL BE BORNE  EXCLUSIVELY  BY
 THE OPEN ENROLLMENT SCHOOL.
   F.  FOR  THE  PURPOSES  OF  THIS  CHAPTER, A PUPIL ENROLLED IN AN OPEN
 ENROLLMENT SCHOOL SHALL BE CONSIDERED TRANSFERRED TO AND ENROLLED IN THE
 SCHOOL DISTRICT THAT IS HOSTING THE OPEN ENROLLMENT SCHOOL FOR  PURPOSES
 OF  SCHOOL  ATTENDANCE  AND  ACCOUNTABILITY.  THE  SCHOOL DISTRICT SHALL
 INCLUDE IN ITS NET ENROLLMENT THOSE NONRESIDENT PUPILS ENROLLED INTO THE
 DISTRICT'S OPEN ENROLLMENT SCHOOL IN THE STATE'S PUPIL REPORTING SYSTEM.
 THE STATE SHALL SEND ALL FEDERAL AND STATE FUNDS  ASSOCIATED  WITH  THAT
 PUPIL  TO  THE SCHOOL DISTRICT THAT HAS ENROLLED THE PUPIL INTO THE OPEN
 ENROLLMENT SCHOOL.
   [3. The school authorities of a district or city must deduct from  the
 tuition  of  a nonresident pupil, whose parent or guardian owns property
 in such district or city and pays a tax thereon for the support  of  the
 schools maintained in such district or city, the amount of such tax.]
   §  3.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a law.  Effective  immediately,
 the  addition, amendment and/or repeal of any rule or regulations neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.