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This entry was published on 2014-12-26
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SECTION 3210
Amount and character of required attendance
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 65, PART 1
§ 3210. Amount and character of required attendance. 1. Regularity and
conduct. a. A minor required by the provisions of part one of this
article to attend upon instruction shall attend regularly as prescribed
where he resides or is employed, for the entire time the appropriate
public schools or classes are in session and shall be subordinate and
orderly while so attending.

b. (i) Absence for religious observance and education shall be
permitted under rules that the commissioner shall establish.

(ii) In addition, the board of education or trustees shall determine
whether school session should not be held at an individual public
school, or district-wide, on a day where, if school were in session,
absenteeism may result in the waste of educational resources because a
considerable proportion of the student population is unlikely to attend
because of a religious or cultural day of observance.

c. In the event that a person requests the release of a minor required
by the provisions of part one of this article to attend upon
instruction, the identity of such person shall be verified against a
list of names provided by the person or persons in parental relation to
the minor, as defined in section two of this chapter, at the time of
such minor's enrollment. The school district may adopt appropriate
procedures for the purpose of submitting a list of names at a later date
or updating the list of names provided by the person or persons in
parental relation. If such person is identified as one of those persons
included on such list, such minor may be released from attendance. If
such person is identified as a person not included on such list, such
minor may not be released except in the event of an emergency as
determined in the sole discretion of the principal of the school, or his
designee, provided that the person or persons in parental relation to
the minor have been contacted and have agreed to such release. A school
district may presume that either parent of the student has authority to
obtain the release of said minor unless the school district has been
provided with a certified copy of the legally binding instrument such as
the court order or decree of divorce, separation or custody which
provides evidence to the contrary. No situation shall be deemed an
emergency until the facts of such situation have been verified by such
principal or his designee. No civil or criminal liability shall arise or
attach to any school district or employee thereof for any act or
omission to act as a result of, or in connection with, the duties or
activities authorized or directed by this paragraph. The foregoing
procedure shall not apply to release of a minor pursuant to the
protective custody provisions of the social services law and the family
court act.

2. Attendance elsewhere than at a public school. a. Hours of
attendance. If a minor included by the provisions of part one of this
article attends upon instruction elsewhere than at a public school, he
shall attend for at least as many hours, and within the hours specified
therefor.

b. Absence. Absence from required attendance shall be permitted only
for causes allowed by the general rules and practices of the public
schools. Absence for religious observance and education shall be
permitted under rules that the commissioner shall establish.

c. Holidays and vacations. Holidays and vacations shall not exceed in
total amount and number those allowed by the public schools.

d. Exception. In applying the foregoing requirements a minor required
to attend upon full time day instruction by the provisions of part one
of this article may be permitted to attend for a shorter school day or
for a shorter school year or for both, provided, in accordance with the
regulations of the state education department, the instruction he
receives has been approved by the school authorities as being
substantially equivalent in amount and quality to that required by the
provisions of part one of this article.