NY State Senate Bill 2025-S8132

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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May 15, 2025	referred to education

2025-S8132 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 65 Part 1 §3200, §3213-a, amd §§3202 & 3213, Ed L

2025-S8132 (ACTIVE) - Summary

Implements requirements and guidelines to reduce chronic absenteeism including attendance reporting, attendance review teams, tiered strategies, early warning systems, and attendance policies.

2025-S8132 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8132REVISED 6/6/2025

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to implementing require-
ments and guidelines to reduce chronic absenteeism

 
PURPOSE:

To address the issue of chronic absenteeism in New York State schools.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 3200 to article 65 of the education law,
providing definitions. A student is considered "absent" if they miss at
least 50% of the school day, not including time spent in interscholastic
extracurricular activities. The terms "excused absence," "unexcused
absence," and "disciplinary absence" will be defined by the education
department and used to support local and regional education boards in
monitoring absenteeism. Engagement in virtual learning activities such
as classes, meetings, electronic systems, and assignment completion that

amount to at least half of a school day will not count as absences
during remote learning. "Remote learning" refers to instruction via
internet-based platforms. A student is deemed "chronically absent" if
they miss 10% or more of the school days they are enrolled in a school
year. Finally, "district chronic absenteeism rate" and "school chronic
absenteeism rate" are calculated by dividing the number of chronically
absent students by the total student population in the respective
district or school.

Section 2: Amends the education law by adding a new section 3213-a,to
mandate that schools and districts with high chronic absenteeism rates
establish attendance review teams to effectively address the issue.
Districts with an overall absenteeism rate of 10% or higher, or individ-
ual schools with rates of 15% or higher, must form these teams, which
may include administrators, attendance supervisors, counselors, social
workers, teachers, and community program representatives. These teams
are responsible for reviewing cases of truant and chronically absent
students, recommending interventions, making community referrals, and
implementing a tiered strategy framework developed by the Department of
Education in consultation with community organizations. The three-tiered
approach consists of universal, school-wide prevention efforts for all
students (Tier One); targeted interventions such as home visits, mentor-
ship, and family meetings for students missing 10-18% of school days
(Tier Two); and intensive interventions for those missing 20% or more
(Tier Three).  Additionally, the legislation requires implementing an
early warning system to identify students at risk due to absenteeism,
academic failure, or suspensions, with attendance review teams tasked
with monitoring and responding to these alerts.

Section 3: Amends Subdivision 1-a of section 3202 of the education law,
to outline the process for withdrawing or dropping a pupil from enroll-
ment after being absent for twenty consecutive school days.  Before
removal, the principal or superintendent must schedule and notify the
student and their parent or guardian of an informal conference-prefer-
ably at the pupil's residence-where reasons for absence and possible
educational program adjustments to encourage re-entry are discussed.
Parents must sign a withdrawal form attesting that they have been
informed of educational options and that the child will enroll in an
adult education program if withdrawn. Parents may also withdraw a child
for other reasons such as transferring schools or homeschooling; other-
wise, the district must keep the child enrolled and continue efforts to
re-engage them. If the district cannot locate the child, it must exhaust
due process procedures including mailed notices, home visits by school
officials, law enforcement visits, and referrals for educational
neglect. Only after these efforts and a home visit may a district drop
the pupil from enrollment, with the exit date reflecting the completion
of due process-not backdated-and documentation supporting the decision.

Section 4: Amends Paragraph a of subdivision 2 of section 3213 of the
education law, to prohibit any supervisor of attendance, attendance
teacher, or attendance officer from arresting a student who is unlaw-
fully absent from school. Instead of arresting the student, the officer
must ensure the student is returned to required instruction and notify
the parent or guardian. In cases where a student resides in one school
district but attends school in another, attendance officers from both
districts share authority over the student and those in parental
relation to them.

Section 5: Sets effective date.

 
JUSTIFICATION:

Chronic absenteeism is defined as missing 10% or more of school days in
an academic year and is a growing crisis with long-term consequences for
student success and educational equity. According to Attendance Works, a
leading nonprofit dedicated to improving school attendance, at least
14.7 million students were chronically absent nationwide during the
2020-21 school year. While absenteeism was already a concern prior to
the COVID-19 pandemic, the disruptions of remote learning, public health
concerns, and social instability have nearly doubled the number of
students affected.

The academic and social costs of chronic absenteeism are well-document-
ed. Students who are chronically absent in early grades are more likely
to struggle with foundational reading skills, setting them back academ-
ically for years.

Other states have successfully used legislation to tackle chronic absen-
teeism, providing a roadmap for New York to follow. In particular,
Connecticut's comprehensive statewide strategy-codified through legisla-
tion-has been recognized as a national model. Their approach combines
data transparency and frequent reporting, early intervention systems,
and school-community partnerships to address the root causes of absen-
teeism.

This legislation will equip schools, districts, and SED with the tools
and frameworks they need to proactively identify and support students
who are at risk of falling through the cracks due to chronic absence.  A
coordinated state response, grounded in best practices and responsive to
local needs, is critical to ensuring all students have the opportunity
to thrive.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect which it shall have become amendment and/or
repeal of implementation of this act and completed on or beforeon the
first of July next succeeding the date on a law. Effective immediately,
the addition, any rule or regulation necessary for the on its effective
date are authorized to be made such effective date.

2025-S8132 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8132
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 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 implementing  require-
   ments and guidelines to reduce chronic absenteeism
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Part 1 of article 65 of the education  law  is  amended  by
 adding a new section 3200 to read as follows:
   §  3200.  DEFINITIONS.  FOR  THE  PURPOSES OF THIS PART, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ABSENT" MEANS WHEN A PUPIL IS NOT IN ATTENDANCE FOR AT LEAST FIFTY
 PERCENT OF A SCHOOL DAY; PROVIDED  THAT,  "ABSENT"  DOES  NOT  APPLY  TO
 PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.
   2.  "EXCUSED  ABSENCE", "UNEXCUSED ABSENCE" AND "DISCIPLINARY ABSENCE"
 SHALL BE DEFINED BY THE DEPARTMENT WHICH SHALL IDENTIFY THE RATIONALE OF
 EACH CATEGORY FOR USE BY LOCAL AND REGIONAL BOARDS OF EDUCATION FOR  THE
 PURPOSES  OF  CARRYING OUT THE PROVISIONS OF THIS PART, REPORTING CHRON-
 ICALLY ABSENT STUDENTS, AND CALCULATING THE DISTRICT CHRONIC ABSENTEEISM
 RATE AND THE SCHOOL CHRONIC ABSENTEEISM RATE. FOR  SUCH  DEFINITIONS  OF
 "EXCUSED  ABSENCE" AND "UNEXCUSED ABSENCE", THE DEPARTMENT SHALL EXCLUDE
 A STUDENT'S ENGAGEMENT IN: A. VIRTUAL CLASSES; B. VIRTUAL  MEETINGS;  C.
 ACTIVITIES  ON TIME-LOGGED ELECTRONIC SYSTEMS; AND D. THE COMPLETION AND
 SUBMISSION OF ASSIGNMENTS, IF SUCH ENGAGEMENT ACCOUNTS FOR NOT LESS THAN
 ONE-HALF OF THE SCHOOL DAY DURING REMOTE LEARNING.
   3. "REMOTE LEARNING" MEANS INSTRUCTION BY MEANS OF ONE OR MORE  INTER-
 NET-BASED SOFTWARE PLATFORMS AS PART OF A REMOTE LEARNING MODEL.
   4.  "CHRONICALLY  ABSENT" OR "CHRONIC ABSENTEEISM" MEANS WHEN A PUPIL,
 WHO IS ENROLLED IN A PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, CHARTER SCHOOL, COUNTY VOCATIONAL EDUCATION AND  EXTEN-
 SION BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL, WHOSE
 TOTAL NUMBER OF ABSENCES AT ANY TIME DURING A SCHOOL YEAR IS EQUAL TO OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13142-01-5

 S. 8132                             2
 
 GREATER  THAN  TEN PERCENT OF THE TOTAL NUMBER OF DAYS THAT SUCH STUDENT
 HAS BEEN ENROLLED AT SUCH SCHOOL DURING SUCH SCHOOL YEAR.
   5.  "DISTRICT  CHRONIC  ABSENTEEISM  RATE"  MEANS  THE TOTAL NUMBER OF
 CHRONICALLY ABSENT PUPILS ATTENDING A PUBLIC SCHOOL DISTRICT,  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES,  CHARTER  SCHOOL,  COUNTY VOCATIONAL
 EDUCATION AND EXTENSION BOARD, OR NONPUBLIC  ELEMENTARY,  MIDDLE  AND/OR
 SECONDARY  SCHOOL SYSTEM IN A SCHOOL YEAR DIVIDED BY THE TOTAL NUMBER OF
 PUPILS UNDER THE JURISDICTION OF SUCH DISTRICT,  BOARD,  OR  SYSTEM  FOR
 SUCH SCHOOL YEAR.
   6.  "SCHOOL CHRONIC ABSENTEEISM RATE" MEANS THE TOTAL NUMBER OF CHRON-
 ICALLY ABSENT PUPILS ATTENDING A SCHOOL IN A SCHOOL YEAR DIVIDED BY  THE
 TOTAL NUMBER OF PUPILS ENROLLED IN SUCH SCHOOL FOR SUCH SCHOOL YEAR.
   §  2.  The  education law is amended by adding a new section 3213-a to
 read as follows:
   § 3213-A. CHRONIC ABSENTEEISM. 1. ATTENDANCE REPORTING. A. THE DEPART-
 MENT SHALL DEVELOP A REAL-TIME ATTENDANCE REPORTING SYSTEM AND A SET  OF
 CODES  CONCERNING  THE  TYPES  OF ABSENCES AND REASONS FOR SUCH ABSENCES
 THAT ARE TO BE CATEGORIZED AS AN  "EXCUSED  ABSENCE"  OR  AN  "UNEXCUSED
 ABSENCE".    EVERY  PUBLIC  SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, CHARTER SCHOOL, COUNTY VOCATIONAL EDUCATION AND  EXTEN-
 SION  BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL SHALL
 ADOPT AND USE SUCH SYSTEM AND CODES.
   B. EACH PUBLIC  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  CHARTER  SCHOOL,  COUNTY  VOCATIONAL  EDUCATION AND EXTENSION
 BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL  SHALL,  AT
 LEAST  ONCE  PER  MONTH,  POST ON THEIR PUBLIC FACING WEBSITE ANONYMIZED
 STUDENT ATTENDANCE  REPORTING  DATA  WHICH  HAS  BEEN  DISAGGREGATED  BY
 SCHOOL,  GRADE,  RACE  OR  ETHNICITY,  GENDER,  ENGLISH  LEARNER STATUS,
 ECONOMIC STATUS, DISABILITY STATUS, AND ANY OTHER CATEGORY  THE  DEPART-
 MENT DEEMS NECESSARY.
   C.  (1)  EACH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, CHARTER SCHOOL,  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION
 BOARD, AND NONPUBLIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL SHALL, EACH
 MONTH, SUBMIT TO THE DEPARTMENT ALL STUDENT ATTENDANCE DATA COLLECTED BY
 THE REAL-TIME ATTENDANCE REPORTING SYSTEM DURING THE PREVIOUS MONTH.
   (2)  THE  DEPARTMENT  SHALL  USE  SUCH DATA TO COMPILE REPORTS ON EACH
 SCHOOL AND SCHOOL DISTRICT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) FOR EACH STUDENT IN EACH SCHOOL IN EACH DISTRICT, ANONYMIZED:
   (I) THEIR SCHOOL DISTRICT, SCHOOL OR BOARD, GRADE, RACE OR  ETHNICITY,
 GENDER,  ENGLISH LEARNER STATUS, ECONOMIC STATUS, DISABILITY STATUS, AND
 ANY OTHER CATEGORY THE DEPARTMENT DEEMS NECESSARY.
   (II) THE TOTAL NUMBER OF SCHOOL  DAYS  ENROLLED  IN  SUCH  SCHOOL  AND
 SCHOOL DISTRICT.
   (III)  THE  TOTAL  NUMBER  OF  DAYS  MISSED  FOR EXCUSED AND UNEXCUSED
 ABSENCES.
   (B) THE NUMBER OF STUDENTS AT EACH SCHOOL AND SCHOOL DISTRICT WHO WERE
 REFERRED TO THE STATEWIDE CENTRAL REGISTER FOR CHILD ABUSE AND MALTREAT-
 MENT BECAUSE OF EXCESSIVE ABSENCES IN THE AGGREGATE.
   2. ATTENDANCE REVIEW TEAMS. A. EACH PUBLIC SCHOOL DISTRICT,  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES,  CHARTER  SCHOOL,  COUNTY VOCATIONAL
 EDUCATION AND EXTENSION BOARD,  AND  NONPUBLIC  ELEMENTARY,  MIDDLE  AND
 SECONDARY  SCHOOL  WHICH:  (1)  HAS  A  SCHOOL DISTRICT OR BOARD CHRONIC
 ABSENTEEISM RATE OF TEN PERCENT OR HIGHER SHALL ESTABLISH AN  ATTENDANCE
 REVIEW TEAM FOR THE SCHOOL DISTRICT OR BOARD; (2) HAS A SCHOOL UNDER THE
 JURISDICTION  OF  THE  SCHOOL  DISTRICT  OR  BOARD WITH A SCHOOL CHRONIC
 ABSENTEEISM RATE OF FIFTEEN PERCENT OR HIGHER SHALL ESTABLISH AN ATTEND-
 S. 8132                             3

 ANCE REVIEW TEAM AT SUCH SCHOOL; (3) HAS MORE THAN ONE SCHOOL UNDER  THE
 JURISDICTION  OF  THE  SCHOOL  DISTRICT  OR  BOARD WITH A SCHOOL CHRONIC
 ABSENTEEISM RATE OF FIFTEEN PERCENT OR HIGHER SHALL ESTABLISH AN ATTEND-
 ANCE  REVIEW  TEAM  FOR  THE  SCHOOL  DISTRICT OR BOARD AND AT EACH SUCH
 SCHOOL; OR (4) HAS A SCHOOL DISTRICT OR BOARD CHRONIC  ABSENTEEISM  RATE
 OF  TEN PERCENT OR HIGHER AND ONE OR MORE SCHOOLS UNDER THE JURISDICTION
 OF THE BOARD WITH A SCHOOL CHRONIC ABSENTEEISM RATE OF  FIFTEEN  PERCENT
 OR  HIGHER  SHALL  ESTABLISH  AN  ATTENDANCE  REVIEW TEAM FOR THE SCHOOL
 DISTRICT OR BOARD AND AT EACH SUCH SCHOOL. SUCH ATTENDANCE REVIEW  TEAMS
 SHALL  BE  ESTABLISHED  TO  ADDRESS  CHRONIC  ABSENTEEISM  IN THE SCHOOL
 DISTRICT, BOARD, OR AT THE SCHOOL OR SCHOOLS.
   B. ANY ATTENDANCE REVIEW TEAM ESTABLISHED UNDER THIS  SUBDIVISION  MAY
 CONSIST  OF SCHOOL ADMINISTRATORS, SUPERVISORS OF ATTENDANCE AS OUTLINED
 IN SECTION THIRTY-TWO HUNDRED THIRTEEN OF THIS  PART,  GUIDANCE  COUNSE-
 LORS, SCHOOL SOCIAL WORKERS, TEACHERS, AND REPRESENTATIVES FROM COMMUNI-
 TY-BASED  PROGRAMS  WHO  ADDRESS ISSUES RELATED TO STUDENT ATTENDANCE BY
 PROVIDING PROGRAMS AND SERVICES TO SCHOOL  DELINQUENTS,  AS  DEFINED  IN
 SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS PART, AND CHRONICALLY ABSENT
 STUDENTS AND THEIR PARENTS OR PERSON IN PARENTAL RELATION.
   C.  EACH ATTENDANCE REVIEW TEAM SHALL BE RESPONSIBLE FOR REVIEWING THE
 CASES OF TRUANTS AND  CHRONICALLY  ABSENT  STUDENTS,  DISCUSSING  SCHOOL
 INTERVENTIONS  AND  COMMUNITY REFERRALS FOR SUCH TRUANTS AND CHRONICALLY
 ABSENT STUDENTS, AND MAKING  ANY  ADDITIONAL  RECOMMENDATIONS  FOR  SUCH
 TRUANTS  AND  CHRONICALLY ABSENT STUDENTS AND THEIR PARENTS OR PERSON IN
 PARENTAL RELATION. EACH ATTENDANCE REVIEW TEAM SHALL UTILIZE THE  TIERED
 STRATEGIES  DEVELOPED  BY THE DEPARTMENT UNDER SUBDIVISION THREE OF THIS
 SECTION AND SHALL IMPLEMENT HOME VISITS AS A PART OF SUCH STRATEGIES.
   3. TIERED STRATEGIES. A. THE DEPARTMENT, IN CONSULTATION WITH COMMUNI-
 TY-BASED PROGRAMS  AND  ORGANIZATIONS  WHO  ADDRESS  ISSUES  RELATED  TO
 STUDENT  ATTENDANCE  BY PROVIDING PROGRAMS AND SERVICES TO SCHOOL DELIN-
 QUENTS, AS DEFINED IN SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  PART,
 SHALL  DEVELOP GUIDELINES AND REQUIREMENTS FOR THREE TIERS OF STRATEGIES
 RELATING TO CHRONICALLY ABSENT STUDENTS WHICH SHALL BE ADOPTED  BY  EACH
 PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHAR-
 TER SCHOOL, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, AND NONPUB-
 LIC ELEMENTARY, MIDDLE AND SECONDARY SCHOOL.
   B. (1) TIER ONE STRATEGIES SHALL BE UNIVERSAL, WHOLE SCHOOL PREVENTION
 ATTENDANCE  STRATEGIES  FOR  ALL  STUDENTS,  INCLUDING  STUDENTS WHO ARE
 ABSENT LESS THAN TEN PERCENT OF SCHOOL DAYS DURING A SCHOOL YEAR FOR ANY
 REASON, INCLUDING EXCUSED AND UNEXCUSED ABSENCES.  TIER  ONE  STRATEGIES
 MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A) INFORMATION THAT DESCRIBES:
   (I) CHRONIC ABSENTEEISM, INCLUDING, BUT NOT LIMITED TO, THE DEFINITION
 OF  SUCH  TERM  UNDER  SECTION  THIRTY-TWO HUNDRED OF THIS PART, AND THE
 CAUSES OF CHRONIC ABSENTEEISM, SUCH AS POVERTY,  VIOLENCE,  POOR  HEALTH
 AND LACK OF ACCESS TO TRANSPORTATION, HOUSING, AND OTHER RESOURCES.
   (II)  THE  EFFECT  OF  CHRONIC  ABSENTEEISM  ON  A  STUDENT'S ACADEMIC
 PERFORMANCE.
   (III) HOW FAMILY AND SCHOOL  PARTNERSHIPS  WITH  COMMUNITY  RESOURCES,
 INCLUDING, BUT NOT LIMITED TO, FAMILY RESOURCE CENTERS AND YOUTH SERVICE
 BUREAUS, CAN REDUCE CHRONIC ABSENTEEISM AND IMPROVE STUDENT ATTENDANCE.
   (B)  DEVELOPING  INDICATORS  TO  IDENTIFY  STUDENTS WHO ARE AT RISK OF
 BEING CHRONICALLY ABSENT CHILDREN.
   (C) MONITORING STUDENTS' ATTENDANCE OVER TIME.
   (D) ADJUSTING INTERVENTIONS AS THEY ARE BEING IMPLEMENTED.
 S. 8132                             4
 
   (2) TIER TWO INTERVENTION STRATEGIES SHALL  BE  TARGETED  INTERVENTION
 STRATEGIES  DEVELOPED  FOR  A STUDENT WHO IS ABSENT AT LEAST TEN PERCENT
 BUT LESS THAN NINETEEN PERCENT OF SCHOOL DAYS DURING A SCHOOL  YEAR  FOR
 ANY  REASON,  INCLUDING  EXCUSED  AND  UNEXCUSED ABSENCES. SCHOOLS SHALL
 UTILIZE  HOME VISITS AS A PART OF THEIR TIER TWO INTERVENTION STRATEGIES
 WHERE VISITORS ARE THERE TO LEARN FROM FAMILIES, NOT TO ENFORCE  ATTEND-
 ANCE  POLICIES OR SANCTIONS. FAMILIES SHALL RECEIVE MULTIPLE HOME VISITS
 THAT SUPPORT BUILDING RELATIONSHIPS OVER  TIME.  TIER  TWO  INTERVENTION
 STRATEGIES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A)  A  RESEARCH-BASED AND DATA-DRIVEN MENTORSHIP MODEL THAT ADDRESSES
 AND ATTEMPTS TO  REDUCE  CHRONIC  ABSENTEEISM  USING  MENTORS,  SUCH  AS
 STUDENTS,   TEACHERS,  ADMINISTRATORS,  INTRAMURAL  AND  INTERSCHOLASTIC
 ATHLETIC COACHES, SCHOOL RESOURCE OFFICERS AND COMMUNITY PARTNERS;
   (B) INCENTIVES AND REWARDS THAT RECOGNIZE SCHOOLS THAT IMPROVE ATTEND-
 ANCE AND REDUCE THE SCHOOL CHRONIC ABSENTEEISM  RATE  AND  STUDENTS  WHO
 IMPROVE THEIR ATTENDANCE;
   (C)  THE  HOLDING  OF A MEETING WITH THE PARENTS OR PERSON IN PARENTAL
 RELATION OF EACH CHILD WHO IS A TRUANT OR CHRONICALLY ABSENT AND  APPRO-
 PRIATE SCHOOL PERSONNEL TO REVIEW AND EVALUATE THE REASONS FOR THE CHILD
 BEING  A  TRUANT  OR  CHRONICALLY ABSENT, PROVIDED SUCH MEETING SHALL BE
 HELD NOT LATER THAN TEN SCHOOL DAYS AFTER THE CHILD'S  FOURTH  UNEXCUSED
 ABSENCE IN A MONTH OR TENTH UNEXCUSED ABSENCE IN A SCHOOL YEAR;
   (D)  COORDINATING SERVICES WITH AND REFERRALS OF CHILDREN TO COMMUNITY
 AGENCIES PROVIDING CHILD AND FAMILY SERVICES;
   (E) ANNUALLY AT THE BEGINNING OF THE SCHOOL YEAR AND UPON ANY  ENROLL-
 MENT DURING THE SCHOOL YEAR, NOTIFYING THE PARENT OR OTHER PERSON HAVING
 CONTROL  OF  EACH  CHILD ENROLLED IN A GRADE FROM KINDERGARTEN TO EIGHT,
 INCLUSIVE, IN THE PUBLIC SCHOOLS IN WRITING OF THE  OBLIGATIONS  OF  THE
 PARENT  OR  SUCH  OTHER  PERSON  PURSUANT  TO SECTION THIRTY-TWO HUNDRED
 TWELVE OF THIS PART;
   (F) ANNUALLY AT THE BEGINNING OF THE SCHOOL YEAR AND UPON ANY  ENROLL-
 MENT  DURING  THE  SCHOOL  YEAR, OBTAINING FROM THE PARENTS OR PERSON IN
 PARENTAL RELATION IN A GRADE FROM  KINDERGARTEN  THROUGH  EIGHTH  GRADE,
 INCLUSIVE,  A  TELEPHONE NUMBER OR OTHER MEANS OF CONTACTING SUCH PARENT
 OR SUCH OTHER PERSON DURING THE SCHOOL DAY;
   (G) (I) THE IMPLEMENTATION OF A TRUANCY INTERVENTION MODEL  IDENTIFIED
 BY  THE  DEPARTMENT  FOR  ANY  SCHOOL  UNDER ITS JURISDICTION THAT HAS A
 DISPROPORTIONATELY HIGH CHRONIC ABSENTEEISM RATE, AS DETERMINED  BY  THE
 DEPARTMENT; AND (II) THE ADOPTION AND IMPLEMENTATION OF A CHRONIC ABSEN-
 TEEISM  INTERVENTION MODEL DEVELOPED BY THE DEPARTMENT THAT ACCOUNTS FOR
 MENTAL AND BEHAVIORAL HEALTH, OR A SIMILAR  CHRONIC  ABSENTEEISM  INTER-
 VENTION PLAN THAT MEETS ALL OF THE REQUIREMENTS FOR SUCH MODEL;
   (H)  A  SYSTEM OF MONITORING INDIVIDUAL UNEXCUSED ABSENCES OF CHILDREN
 IN GRADES KINDERGARTEN THROUGH  EIGHTH  GRADE,  INCLUSIVE,  WHICH  SHALL
 PROVIDE THAT WHENEVER A CHILD ENROLLED IN SCHOOL IN ANY SUCH GRADE FAILS
 TO  REPORT  TO  SCHOOL  ON A REGULARLY SCHEDULED SCHOOL DAY AND NO INDI-
 CATION HAS BEEN RECEIVED BY SCHOOL PERSONNEL THAT THE CHILD'S PARENTS OR
 PERSON IN PARENTAL RELATION IS AWARE OF THE STUDENT'S ABSENCE, A REASON-
 ABLE EFFORT TO NOTIFY THE PARENTS OR  PERSON  IN  PARENTAL  RELATION  BY
 TELEPHONE  AND  BY  MAIL SHALL BE MADE BY SCHOOL PERSONNEL OR VOLUNTEERS
 UNDER THE DIRECTION OF SCHOOL PERSONNEL;
   (I) PROVIDING NOTICE TO THE PARENT OR GUARDIAN OF A  CHILD  WHO  IS  A
 TRUANT  OF  THE INFORMATION CONCERNING THE EXISTENCE AND AVAILABILITY OF
 THE 2-1-1 INFOLINE PROGRAM, AND OTHER PEDIATRIC  MENTAL  AND  BEHAVIORAL
 HEALTH SCREENING SERVICES AND TOOLS; AND
 S. 8132                             5
 
   (J)  A REQUIREMENT THAT AN APPROPRIATE SCHOOL MENTAL HEALTH SPECIALIST
 CONDUCT AN EVALUATION OF EACH CHILD WHO IS CHRONICALLY ABSENT TO  DETER-
 MINE IF ADDITIONAL BEHAVIORAL HEALTH INTERVENTIONS ARE NECESSARY FOR THE
 WELL-BEING  OF  THE  CHILD; PROVIDED THAT ANY PERSON WHO, IN GOOD FAITH,
 GIVES  OR  FAILS  TO GIVE NOTICE OF THIS CLAUSE SHALL BE IMMUNE FROM ANY
 LIABILITY, CIVIL OR CRIMINAL,  WHICH  MIGHT  OTHERWISE  BE  INCURRED  OR
 IMPOSED  AND  SHALL  HAVE THE SAME IMMUNITY WITH RESPECT TO ANY JUDICIAL
 PROCEEDING WHICH RESULTS FROM  SUCH  NOTICE  OR  FAILURE  TO  GIVE  SUCH
 NOTICE.
   (3)  TIER  THREE  INTERVENTION  STRATEGIES SHALL BE TARGETED INTENSIVE
 INTERVENTION STRATEGIES DEVELOPED FOR A STUDENT  WHO  IS  ABSENT  TWENTY
 PERCENT  OF  SCHOOL  DAYS DURING A SCHOOL YEAR FOR ANY REASON, INCLUDING
 EXCUSED AND UNEXCUSED ABSENCES. SCHOOLS SHALL UTILIZE HOME VISITS  AS  A
 PART  OF THEIR TIER TWO INTERVENTION STRATEGIES WHERE VISITORS ARE THERE
 TO LEARN FROM FAMILIES, NOT TO ENFORCE ATTENDANCE POLICIES OR SANCTIONS.
 FAMILIES SHALL  RECEIVE  MULTIPLE  HOME  VISITS  THAT  SUPPORT  BUILDING
 RELATIONSHIPS  OVER  TIME.  TIER  THREE  INTERVENTION  STRATEGIES  SHALL
 INCLUDE ALL TIER TWO INTERVENTION STRATEGIES AS WELL AS ANY OTHER STRAT-
 EGIES THE DEPARTMENT REQUIRES.
   4. EARLY WARNING SYSTEMS. A. THE DEPARTMENT  SHALL  DEVELOP  AND  EACH
 PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHAR-
 TER SCHOOL, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, AND NONPUB-
 LIC  ELEMENTARY,  MIDDLE  AND  SECONDARY SCHOOL SHALL IMPLEMENT AN EARLY
 WARNING SYSTEM TO IDENTIFY STUDENTS WHO NEED SUPPORT TO IMPROVE ACADEMIC
 PERFORMANCE, ATTENDANCE, OR ENGAGEMENT IN  SCHOOL.  SUCH  SYSTEMS  SHALL
 UTILIZE  THE  THREE  TIERS  OF STRATEGIES RELATING TO CHRONICALLY ABSENT
 STUDENTS DEVELOPED UNDER SUBDIVISION THREE OF THIS  SECTION.  THE  EARLY
 WARNING  SYSTEMS  SHALL ALERT THE SCHOOL, BOARD, AND DISTRICT WHENEVER A
 STUDENT:
   (1) HAS BEEN ABSENT AT LEAST TEN  PERCENT  OF  SCHOOL  DAYS  DURING  A
 SCHOOL YEAR FOR ANY REASON, INCLUDING EXCUSED AND UNEXCUSED ABSENCES.
   (2) HAS RECEIVED AN IN SCHOOL OR OUT OF SCHOOL SUSPENSION.
   (3)  HAS  FAILED  OR IS CURRENTLY FAILING ANY CLASS DURING ANY GRADING
 PERIOD.
   (4) DISPLAYS ANY OTHER INDICATOR DETERMINED RELEVANT  BY  THE  DEPART-
 MENT.
   B. THE EARLY WARNING SYSTEM SHALL BE CAPABLE OF PROVIDING:
   (1)  THE NUMBER OF STUDENTS IDENTIFIED BY THE SYSTEM AS EXHIBITING TWO
 OR MORE EARLY WARNING INDICATORS.
   (2) THE NUMBER OF STUDENTS, ORGANIZED BY GRADE LEVEL, WHO EXHIBIT EACH
 EARLY WARNING INDICATOR.
   (3) A DESCRIPTION OF EACH TIERED STRATEGY USED BY THE  SCHOOL,  BOARD,
 OR  DISTRICT TO IMPROVE THE ACADEMIC PERFORMANCE, ATTENDANCE, OR ENGAGE-
 MENT FOR STUDENTS WHO EXHIBIT AT LEAST ONE EARLY WARNING INDICATOR.
   C. EACH SCHOOL, BOARD, AND DISTRICT'S ATTENDANCE REVIEW TEAM SHALL:
   (1) IMPLEMENT AND MONITOR THE EARLY WARNING SYSTEM DESCRIBED  IN  THIS
 SUBDIVISION.
   (2)  IDENTIFYING STUDENTS WHO EXHIBIT AT LEAST TWO EARLY WARNING INDI-
 CATORS  AND  DEVELOPING  APPROPRIATE  INTERVENTION  STRATEGIES  FOR  THE
 STUDENT,  UNLESS THE STUDENT IS ALREADY BEING SERVED BY A TIERED STRATE-
 GY.
   (3) IDENTIFYING STUDENTS WHO HAVE THE POTENTIAL TO BECOME  CHRONICALLY
 ABSENT.
   5.  ATTENDANCE POLICIES. EACH PUBLIC SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, COUNTY VOCATIONAL  EDUCATION
 AND  EXTENSION  BOARD,  AND  NONPUBLIC  ELEMENTARY, MIDDLE AND SECONDARY
 S. 8132                             6
 
 SCHOOL SHALL PROVIDE A COPY OF THEIR ATTENDANCE POLICIES TO ALL  PARENTS
 OR  PERSONS  IN  PARENTAL RELATION OF STUDENTS IN THAT SCHOOL, BOARD, OR
 DISTRICT AND PUBLISH THE POLICY ON THEIR WEBSITE. SUCH ATTENDANCE POLICY
 SHALL  INCLUDE, BUT NOT BE LIMITED TO: (1) THE RIGHTS AND OBLIGATIONS OF
 PARENTS, PERSONS IN PARENTAL RELATION, AND  STUDENTS  PURSUANT  TO  THIS
 PART;  (2)  THE PREVENTION STRATEGIES THAT WILL BE IMPLEMENTED TO ENSURE
 THAT STUDENTS ATTEND CLASSES; AND  (3)  DETAILS  ABOUT  CONSEQUENCES  OF
 FAILING  TO  ADHERE TO THE ATTENDANCE POLICY. NO ATTENDANCE POLICY SHALL
 INCLUDE THE USE OF SUSPENSIONS OR EXPULSIONS.
   § 3. Subdivision 1-a of section 3202 of the education law, as added by
 chapter 400 of the laws of 1981, is amended to read as follows:
   1-a. A. No pupil over the compulsory attendance age in  [his  or  her]
 THEIR school district shall be dropped from enrollment unless [he or she
 has]  THEY  HAVE  been  absent  twenty  consecutive  school days and the
 following procedure is complied with: The  principal  or  superintendent
 shall  schedule  and  notify,  in writing and at the last known address,
 both the student and the person in parental relation to the  student  of
 an  informal conference.   THE CONFERENCE SHALL BE OFFERED TO TAKE PLACE
 AT THE PUPIL'S RESIDENCE. At the conference the principal  [or],  super-
 intendent,  AND  MEMBER  OR  MEMBERS  OF  THE ATTENDANCE REVIEW TEAM, IF
 APPLICABLE, shall determine both the reasons for the pupil's absence and
 whether reasonable changes in  the  pupil's  educational  program  would
 encourage  and  facilitate [his or her] THEIR re-entry or continuance of
 study. The pupil and the person in parental relation shall  be  informed
 orally  and  in writing of the pupil's right to re-enroll at any time in
 the public school maintained in the district where [he or  she  resides]
 THEY  RESIDE,  if  otherwise qualified under this section. [If the pupil
 and the person in parental relationship fail, after  reasonable  notice,
 to attend the informal conference, the pupil may be dropped from enroll-
 ment  provided  that  he  or she and the person in parental relation are
 notified in writing of the right to re-enter at any time,  if  otherwise
 qualified  under  this  section.]  SUCH  PARENTAL RELATION SHALL SIGN AN
 EDUCATION WITHDRAWAL AND ENROLLMENT FORM. SUCH EDUCATION WITHDRAWAL  AND
 ENROLLMENT  FORM SHALL INCLUDE AN ATTESTATION: (1) FROM A SCHOOL COUNSE-
 LOR OR SCHOOL ADMINISTRATOR OF THE SCHOOL THAT SUCH SCHOOL DISTRICT  HAS
 PROVIDED  SUCH  PARENT  OR  PERSON  WITH  INFORMATION ON THE EDUCATIONAL
 OPTIONS AVAILABLE IN THE SCHOOL SYSTEM AND IN  THE  COMMUNITY;  AND  (2)
 FROM SUCH PARENTAL RELATION THAT SUCH CHILD WILL BE ENROLLED IN AN ADULT
 EDUCATION PROGRAM UPON SUCH CHILD'S WITHDRAWAL FROM SCHOOL.
   B.  FOR  ANY  CHILD  REGARDLESS  OF AGE, THE PARENT MAY INDICATE OTHER
 REASONS FOR REMOVING THE CHILD  FROM  SCHOOL  SUCH  AS  TRANSFERRING  TO
 ANOTHER  PUBLIC SCHOOL IN THE STATE, ENROLLING IN PRIVATE SCHOOL, TRANS-
 FERRING TO A CHARTER SCHOOL, OR RECEIVING HOMESCHOOLING INSTRUCTION. IF,
 HOWEVER, THE PARENT DOES NOT TAKE  AFFIRMATIVE  STEPS  TO  WITHDRAW  THE
 CHILD  FROM  SCHOOL,  THEN THE CHILD MUST REMAIN ENROLLED IN THE SCHOOL.
 THE DISTRICT SHALL CONTINUE ITS EFFORTS TO TRY AND REENGAGE THE CHILD TO
 RETURN TO SCHOOL.
   C. IF THE DISTRICT HAS BEEN UNABLE  TO  LOCATE  THE  CHILD,  THEN  THE
 DISTRICT  SHALL  ENSURE THAT IT HAS EXHAUSTED ITS DUE PROCESS PROCEDURES
 AND PRACTICES. THESE STEPS INCLUDE, BUT ARE NOT LIMITED TO, SENDING MAIL
 TO THE STUDENT'S LAST KNOWN ADDRESS, HOME VISITATION BY A  SCHOOL  OFFI-
 CIAL,  HEALTH/SAFETY  VISIT BY LAW ENFORCEMENT, AND FILING A REFERRAL OF
 EDUCATIONAL NEGLECT WITH THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE
 AND  MALTREATMENT.  IF  AFTER  ALL THESE AND ANY ADDITIONAL EFFORTS, THE
 DISTRICT HAS STILL BEEN UNABLE TO LOCATE THE CHILD, AND HAS A REASONABLE
 BELIEF THAT THE STUDENT HAS MOVED OUT OF THE  DISTRICT,  TRANSFERRED  TO
 S. 8132                             7

 ANOTHER  SCHOOL IN THE STATE, OR IS RECEIVING HOMESCHOOLING INSTRUCTION,
 THEN IN VERY LIMITED CIRCUMSTANCES THE DISTRICT MAY DROP THE PUPIL  FROM
 ENROLLMENT.  NO  SCHOOL SHALL REMOVE A PUPIL FROM THE ENROLLMENT WITHOUT
 CONDUCTING  A  HOME VISITATION BY A SCHOOL OFFICIAL. THE EXIT DATE SHALL
 BE THE DATE WHEN THE DISTRICT COMPLETES ITS DUE  PROCESS  AND  THE  EXIT
 DATE  SHALL  NOT BE BACKDATED. CONVERSELY, IF THE DUE PROCESS PROCEDURES
 ALLOW THE DISTRICT TO VERIFY THAT THE STUDENT  ACTUALLY  TRANSFERRED  TO
 ANOTHER  SCHOOL, THEN THE INFORMATION OBTAINED SHALL BE USED TO REPORT A
 TRANSFER DATE. IN SUCH CASES WHERE THE CHILD'S WHEREABOUTS ARE  UNKNOWN,
 THERE  IS  NO  SPECIFIC  TIME  PERIOD THAT DICTATES WHEN TO UNREGISTER A
 STUDENT BECAUSE IT WILL DEPEND ON THE SPECIFICS OF THE SITUATION AND THE
 TIME IT TAKES FOR THE DISTRICT  TO  COMPLETE  ITS  ADOPTED  DUE  PROCESS
 PROCEDURES,  TO PURSUE ANY AND ALL EFFORTS TO LOCATE THE STUDENT, AND TO
 INVESTIGATE THE REASONABLE BELIEF  THAT  THE  CHILD  HAS  MOVED  OUT  OF
 DISTRICT.  PRIOR  TO SEEKING TO UNREGISTER A STUDENT, THE DISTRICT SHALL
 CONSIDER: (1) IF IT HAS MADE A GOOD FAITH EFFORT TO ASCERTAIN THE STATUS
 OF THE STUDENT; (2) IF IT HAS EVIDENCE WHICH  SUPPORTS  THE  EFFORTS  TO
 LOCATE THE STUDENT; AND (3) IF IT HAS DOCUMENTATION OF THE PROCESS LEAD-
 ING UP TO THE STUDENT'S REMOVAL THROUGH UNREGISTRATION.
   §  4.  Paragraph  a  of subdivision 2 of section 3213 of the education
 law, as amended by chapter 662 of the laws of 1955, is amended  to  read
 as follows:
   a.  Arrest  of  truants PROHIBITED.   [A] NO supervisor of attendance,
 attendance teacher or attendance officer, as the case may be, may arrest
 [without warrant] any  [minor]  PUPIL  who  is  unlawfully  absent  from
 attendance  upon  instruction.  [He  shall  forthwith place the minor so
 arrested in attendance upon required instruction and  shall  notify  the
 parent  or  guardian of the minor, and he may then begin proceedings for
 his commitment as a school delinquent or  arraign  him  before  a  court
 having  jurisdiction.  Where  a minor resides in one school district and
 attends school in another school district, the supervisor of attendance,
 attendance teacher or attendance officer of the district where the minor
 resides and the supervisor of attendance, attendance teacher or  attend-
 ance  officer of the district where said minor attends school shall have
 concurrent jurisdiction with reference to said minor and to  the  person
 or persons in parental relation to him.]
   §  5.  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 effective date.

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Senate Bill S8132

Sponsored By

Current Bill Status - In Senate Committee Education Committee

2025-S8132 (ACTIVE) - Details

2025-S8132 (ACTIVE) - Summary

2025-S8132 (ACTIVE) - Sponsor Memo

2025-S8132 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8132

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Education Committee

2025-S8132 (ACTIVE) - Details

2025-S8132 (ACTIVE) - Summary

2025-S8132 (ACTIVE) - Sponsor Memo

2025-S8132 (ACTIVE) - Bill Text download pdf

Comments