Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3212
Definition of persons in parental relation and their duties; duties of certain other persons
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 65, PART 1
§ 3212. Definition of persons in parental relation and their duties;
duties of certain other persons. 1. Definition. As used in this article,
a person in parental relation to another individual shall include his
father or mother, by birth or adoption, his step-father or step-mother,
his legally appointed guardian, or his custodian. A person shall be
regarded as the custodian of another individual if he has assumed the
charge and care of such individual because the parents or legally
appointed guardian of such individual have died, are imprisoned, are
mentally ill, or have been committed to an institution, or because, they
have abandoned or deserted such individual or are living outside the
state or their whereabouts are unknown, or have designated the person
pursuant to title fifteen-A of article five of the general obligations
law as a person in parental relation to the child.

2. Duties of persons in parental relation. Every person in parental
relation to another individual included by the provisions of part one of
this article:

a. Shall submit at the time such individual begins to attend upon
instruction evidence of age as required for the issuance of an
employment certificate, or show that such evidence cannot be produced.
When such evidence cannot be produced, or when circumstances exist which
reasonably indicate that such individual may be a missing child, the
superintendent of schools or his or her authorized representative shall
report and make inquiry to the statewide central register for missing
children pursuant to section eight hundred thirty-seven-e of the
executive law. If such child appears to match a child registered with
the statewide central register for missing children, or one registered
with the national crime information center register, the superintendent
or his or her authorized representative shall immediately contact the
local law enforcement authority. 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.

b. Shall cause such individual to attend upon instruction as
hereinbefore required, and to comply with the provisions of part one of
this article with respect to the employment or occupation of minors in
any business or service whatever.

c. Shall cause such individual to be placed in proper physical
condition to attend upon required instruction, if his physical condition
is remediable by the taking of reasonable measures.

d. Shall furnish proof that an individual who is not attending upon
instruction at a public or parochial school in the city or district
where the person in parental relation resides is attending upon required
instruction elsewhere. Failure to furnish such proof shall be
presumptive evidence that such individual is not attending.

e. Shall furnish, with respect to an individual from seventeen to
twenty-one years of age, on demand of a duly authorized representative
of the school authorities, satisfactory proof that he is able to speak,
read and write English as required for the completion of the fifth year
of the elementary school course of study, or cause such individual to
submit to an examination to determine his ability in these respects.

3. Exception. A person in parental relation to another individual
included by the foregoing provisions of this section shall not be
subject thereto if it can be shown that he is unable to control such
individual.

4. Duties of certain individuals from sixteen to twenty-one years of
age. An individual from sixteen to twenty-one years of age, if not under
the control of a person in parental relation, shall comply with such
requirements of part one of this article as are applicable.

5. Duties of other persons.

a. No person shall induce another individual to absent himself from
attendance upon required instruction or harbor him while he is absent or
aid or abet him in violating any provision of part one of this article.

b. No person shall interfere with an attendance officer in the lawful
pursuit of his duties, or neglect or refuse to answer his lawful
inquiries.

c. No person shall violate any provision of part one of this article
in relation to employment of minors, duties of employers, issuance or
transfer of any paper authorizing the employment of minors.

d. No person shall make a false oral or written statement in or in
relation to any employment certificate or other paper required by part
one of this article as to any matter required to appear therein.

f. No person shall present as his own any substitute, altered or
transferred certificate or badge.

6. Birth certificates. For the purpose of part one of this article,
the board of health upon request shall furnish to the school
authorities, or to the person in parental relation to a minor, or to an
individual from seventeen to twenty-one years of age, a duly certified
transcript of the birth certificate, filed according to law, of an
individual from five to twenty-one years of age.