Senate Bill S4037A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4037
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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
 the first of December in any school year OR A LATER DATE IN SUCH  SCHOOL
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01054-01-5
 S. 4037                             2
 
 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.