Bill Text: NY A08543 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides for absence from school for the mental or behavioral health of the minor.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A08543 Detail]

Download: New_York-2019-A08543-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8543--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 23, 2019
                                       ___________

        Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
          Committee on Education -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13607-02-9
        A. 8543--A                          2

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