STATE OF NEW YORK
        ________________________________________________________________________

                                          5353

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education law, in relation to  kindergarten  enroll-
          ment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs c of subdivisions 1 and 2 of section 3205 of the
     2  education law, paragraph c of subdivision 1 as amended by chapter 518 of
     3  the laws of 1993, and paragraph c of subdivision 2 as amended by chapter
     4  703 of the laws of 2019, are amended to read as follows:
     5    c. For purposes of this article, a minor who becomes six years of  age
     6  on  or before the first of [December] September in any school year shall
     7  be required to attend upon full time instruction from the first day that
     8  the appropriate public schools are  in  session  in  September  of  such
     9  school year, and a minor who becomes six years of age after the first of
    10  [December] September in any school year shall be required to attend upon
    11  full  time  instruction  from  the first day of session in the following
    12  September; and, except as otherwise provided  in  subdivision  three  of
    13  this  section,  shall be required to remain in attendance until the last
    14  day of session in the school year in which  the  minor  becomes  sixteen
    15  years of age.
    16    c. The board of education of every school district within the state is
    17  hereby  authorized  to  require  minors  who are five years of age on or
    18  before [December] September first to  attend  kindergarten  instruction.
    19  However, the provisions of this paragraph shall not apply to:
    20    (i)  Minors whose parents elect not to enroll their children in school
    21  until the following September.
    22    (ii) Students enrolled in non-public schools or in home instruction.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09751-01-3