NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4137
SPONSOR: Stirpe TITLE OF BILL:
An act to amend the education law, in relation to allowing school
districts to permit home-schooled students to attend career education
classes
PURPOSE OR GENERAL IDEA OF BILL:
To allow home-schooled children to take certain career education classes
at local boards of cooperative educational services districts.
SUMMARY OF PROVISIONS: •
Section 1. Section 3602-c of the Education Law is amended by adding a
new subdivision 2-d to allow home-schooled students to apply to career
education classes at a local Board of Cooperative Education Services
("BOCES"). The section also requires the Board of Education or trustee
of a school district to establish a policy for such students' partic-
ipation in a BOCES program.
Section 2. Establishes the effective date.
JUSTIFICATION:
Currently, New York does not allow home-schooled students to attend the
Board of Cooperative Educational Services (BOCES) due to a provision
within the Education Law referred to as "dual enrollment." Dual enroll-
ment provisions authorize partial attendance at a public school by
nonpublic school students for the purpose of obtaining instruction in
the areas of occupational and vocational education, gifted education,
and education of students with disabilities. They do not apply, however,
to home-schooled students. The dual-enrollment provisions apply only to
students who attend nonpublic schools recognized under state law as
private elementary or secondary schools. Home-schooled students do not
fall into that category.
In addition, section 4602 of state education law specifies that the
boards of education of each school district contract with BOCES for
services. Boards of education, then, oversee the provision of services
to their enrolled students. Since home-schooled students are not eligi-
ble for "dual enrollment," per section 3602-c of Education Law, they
cannot bypass the board of education of the local school district and be
enrolled in a BOCES program.
Many resident homeowners living in and paying taxes to their local
school district may choose to home-school their children. These taxpay-
ers are not utilizing any of the school district's services, including
instruction or transportation, yet continue to support the district
through payment of taxes. This bill would allow home-schooled students
who have an interest in pursuing a vocational or technical career to
apply to the local public school district in which their family resides,
and to which the family pays taxes, in order to utilize BOCES services.
PRIOR LEGISLATIVE HISTORY:
2023 - 2024: referred to education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4137
2025-2026 Regular Sessions
IN ASSEMBLY
January 31, 2025
___________
Introduced by M. of A. STIRPE, BUTTENSCHON -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to allowing school
districts to permit home-schooled students to attend career education
classes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3602-c of the education law is amended by adding a
2 new subdivision 2-d to read as follows:
3 2-d. Notwithstanding any provision of law to the contrary, students
4 who are entitled to attend the public schools of the state without the
5 payment of tuition pursuant to section thirty-two hundred two of this
6 chapter, and who are home-schooled, shall, upon the written request of
7 the parent or person in parental relation to any such student, apply to
8 the board of education of the school district in which the student
9 resides, for the purpose of attending career education classes, as
10 defined in paragraph c of subdivision one of this section, at local
11 boards of cooperative educational services. Such requests shall be filed
12 before the fifteenth day of April preceding the school year for which
13 the request is made. The board of education or trustee of a school
14 district may establish and adopt a policy to allow a student who
15 receives home instruction to attend such career education classes. The
16 policy shall include, but not be limited to the following provisions:
17 a. the student shall be required to meet all the same responsibilities
18 and standards of behavior and eligibility as a public school student
19 enrolled in the school district attending such career education classes
20 including but not limited to the health examination and immunization
21 requirements;
22 b. the student shall annually meet all academic requirements pursuant
23 to section 100.10 of commissioner regulations; provided, however, that a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05100-01-5
A. 4137 2
1 board of education or trustee of a school district may require addi-
2 tional academic eligibility requirements; and
3 c. transportation shall only be provided to such students from the
4 school a school bus departs from to transport students to boards of
5 cooperative educational services and back.
6 § 2. This act shall take effect immediately.
