S06687 Summary:

BILL NOS06687
 
SAME ASSAME AS A08543-A
 
SPONSORHOYLMAN
 
COSPNSRBIAGGI, COMRIE, JACKSON
 
MLTSPNSR
 
Amd 3210, Ed L
 
Provides for absence from school for the mental or behavioral health of the minor.
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S06687 Actions:

BILL NOS06687
 
09/06/2019REFERRED TO RULES
01/08/2020REFERRED TO EDUCATION
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S06687 Committee Votes:

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S06687 Floor Votes:

There are no votes for this bill in this legislative session.
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S06687 Memo:

Memo not available
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S06687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6687
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    September 6, 2019
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the education law, in relation to providing for  absence
          from school for the mental or behavioral health of the minor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3210 of the education law, subdivision 1 as amended
     2  by chapter 821 of the laws of 1947, paragraph  b  of  subdivision  1  as
     3  amended  by  chapter 491 of the laws of 2014 and paragraph c of subdivi-
     4  sion 1 as added by chapter 549 of the laws of 1986, is amended  to  read
     5  as follows:
     6    § 3210. Amount and character of required attendance. 1. Regularity and
     7  conduct. a. A minor required by the provisions of this part [one of this
     8  article] to attend upon instruction shall attend regularly as prescribed
     9  where  he  resides  or  is employed, for the entire time the appropriate
    10  public schools or classes are in session and shall  be  subordinate  and
    11  orderly while so attending.
    12    b. (i) Absence for religious observance and education shall be permit-
    13  ted under rules that the commissioner shall establish.
    14    (ii)  In  addition, the board of education or trustees shall determine
    15  whether school session should  not  be  held  at  an  individual  public
    16  school,  or  district-wide,  on  a day where, if school were in session,
    17  absenteeism may result in the waste of educational resources  because  a
    18  considerable  proportion of the student population is unlikely to attend
    19  because of a religious or cultural day of observance.
    20    (iii) Absence due to the mental or  behavioral  health  of  the  minor
    21  shall be permitted under rules that the commissioner shall establish.
    22    c. In the event that a person requests the release of a minor required
    23  by  the  provisions  of  this  part [one of this article] to attend upon
    24  instruction, the identity of such person shall  be  verified  against  a
    25  list  of names provided by the person or persons in parental relation to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13700-02-9

        S. 6687                             2
 
     1  the minor, as defined in section two of this chapter,  at  the  time  of
     2  such  minor's  enrollment.  The  school  district  may adopt appropriate
     3  procedures for the purpose of submitting a list of names at a later date
     4  or  updating  the  list  of  names  provided by the person or persons in
     5  parental relation. If such person is identified as one of those  persons
     6  included  on  such  list, such minor may be released from attendance. If
     7  such person is identified as a person not included on  such  list,  such
     8  minor  may not be released except in the event of an emergency as deter-
     9  mined in the sole discretion of the principal  of  the  school,  or  his
    10  designee,  provided  that  the person or persons in parental relation to
    11  the minor have been contacted and have agreed to such release. A  school
    12  district  may presume that either parent of the student has authority to
    13  obtain the release of said minor unless the  school  district  has  been
    14  provided with a certified copy of the legally binding instrument such as
    15  the  court  order  or  decree  of  divorce,  separation or custody which
    16  provides evidence to the contrary. No situation shall be deemed an emer-
    17  gency until the facts of such situation have been verified by such prin-
    18  cipal or his designee. No civil or criminal  liability  shall  arise  or
    19  attach  to  any school district or employee thereof for any act or omis-
    20  sion to act as a result of, or in connection with, the duties or  activ-
    21  ities  authorized or directed by this paragraph. The foregoing procedure
    22  shall not apply to release of a minor pursuant to the protective custody
    23  provisions of the social services law and the family court act.
    24    2. Attendance elsewhere than at a public school. a. Hours  of  attend-
    25  ance.    If a minor included by the provisions of this part [one of this
    26  article] attends upon instruction elsewhere than at a public school,  he
    27  shall  attend for at least as many hours, and within the hours specified
    28  therefor.
    29    b. Absence. Absence from required attendance shall be  permitted  only
    30  for  causes  allowed  by  the  general rules and practices of the public
    31  schools.   Absence for  religious  observance  and  education  shall  be
    32  permitted  under  rules  that the commissioner shall establish.  Absence
    33  due to the mental or behavioral health of the minor shall  be  permitted
    34  under rules that the commissioner shall establish.
    35    c.  Holidays and vacations. Holidays and vacations shall not exceed in
    36  total amount and number those allowed by the public schools.
    37    d. Exception. In applying the foregoing requirements a minor  required
    38  to  attend upon full time day instruction by the provisions of this part
    39  [one of this article] may be permitted to attend for  a  shorter  school
    40  day  or  for  a shorter school year or for both, provided, in accordance
    41  with the regulations of the state education department, the  instruction
    42  he  receives  has  been  approved  by  the  school  authorities as being
    43  substantially equivalent in amount and quality to that required  by  the
    44  provisions of this part [one of this article].
    45    §  2.  This act shall take effect on the first of July next succeeding
    46  the date on which it shall have become a law. Effective immediately  the
    47  addition,  amendment  and/or  repeal of any rule or regulation necessary
    48  for the implementation of this act on its effective date are  authorized
    49  to be made and completed on or before such date.
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