STATE OF NEW YORK ________________________________________________________________________ 4707 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. EACHUS, ROSENTHAL, RAMOS, STIRPE, STECK, COLTON, BRABENEC -- Multi-Sponsored by -- M. of A. DAVILA, PEOPLES-STOKES, SIMON -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to attendance of minors at full-time day instruction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3205 of the education law, subdivision 1 as amended 2 by chapter 262 of the laws of 1959, paragraphs a and b of subdivision 1 3 as amended by chapter 296 of the laws of 1969, paragraph c of subdivi- 4 sion 1 as amended by chapter 518 of the laws of 1993, paragraph b of 5 subdivision 2 as amended by chapter 975 of the laws of 1966, paragraph c 6 of subdivision 2 as amended by chapter 703 of the laws of 2019 and 7 subdivision 3 as amended by chapter 183 of the laws of 2004, is amended 8 to read as follows: 9 § 3205. Attendance of minors upon [full time] full-time day instruc- 10 tion. 1. a. In each school district of the state, each minor from six to 11 [sixteen] eighteen years of age shall attend upon [full time] full-time 12 instruction, except as provided in subdivision four of this section. 13 b. Each minor from six to [sixteen] eighteen years of age on an Indian 14 reservation shall attend upon [full time] full-time day instruction, 15 except as provided in subdivision four of this section. 16 c. For purposes of this article, a minor who becomes six years of age 17 on or before the first of December in any school year shall be required 18 to attend upon [full time] full-time instruction from the first day that 19 the appropriate public schools are in session in September of such 20 school year, and a minor who becomes six years of age after the first of 21 December in any school year shall be required to attend upon [full time] 22 full-time instruction from the first day of session in the following 23 September; and, except as otherwise provided in subdivision three of 24 this section, shall be required to remain in attendance until the last EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08366-01-5
A. 4707 2 1 day of session in the school year in which the minor becomes sixteen 2 years of age. 3 2. Exceptions. a. A minor who has completed a four-year high school 4 course of study or has passed a high school equivalency examination 5 shall not be subject to the provisions of this part [one of this arti- 6 cle] in respect to required attendance upon instruction. 7 b. A minor for whom application for a full-time employment certificate 8 has been made and who is eligible therefor may, though unemployed, be 9 permitted to attend [part time] part-time school not less than twenty 10 hours per week instead of [full time] full-time school. 11 c. The board of education of every school district within the state is 12 hereby authorized to require minors who are five years of age on or 13 before December first to attend kindergarten instruction. However, the 14 provisions of this paragraph shall not apply to: 15 (i) Minors whose parents elect not to enroll their children in school 16 until the following September. 17 (ii) Students enrolled in non-public schools or in home instruction. 18 d. A minor seventeen years of age or older who participates, with the 19 consent of the school district and the person in parental relation to 20 such minor, in a course of instruction in vocational or occupational 21 skills shall not be subject to the provisions of this part with respect 22 to required attendance upon instruction. 23 3. In each school district, the board of education shall have power to 24 require minors [from sixteen to seventeen] eighteen years of age who are 25 not employed to attend upon [full time] full-time day instruction until 26 the last day of session in the school year in which the student becomes 27 [seventeen] eighteen years of age. 28 4. In each school district of the state, each person over the age of 29 eighteen years and under the age of nineteen years, who does not attend 30 upon full-time instruction, shall enroll and participate in a general 31 education development course of study until such person reaches the age 32 of nineteen years, or such person passes the high school equivalency 33 examination for such course of study, whichever shall occur first. 34 § 2. This act shall take effect on the first of September next 35 succeeding the date on which it shall have become a law.