Bill Text: NY A10296 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes Labor Day as the date for determining school age.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-13 - referred to education [A10296 Detail]

Download: New_York-2021-A10296-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10296

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
          read once and referred to the Committee on Education

        AN ACT to amend the education law, in relation to establishing labor day
          as the date for determining school age

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

     1    Section 1. Subdivisions 1 and 8 of section 3202 of the education  law,
     2  subdivision 1 as amended by chapter 490 of the laws of 2019 and subdivi-
     3  sion  8  as  amended  by chapter 569 of the laws of 1994, are amended to
     4  read as follows:
     5    1. A person over five and under twenty-one years  of  age  as  of  the
     6  first Monday in September for a given school year who has not received a
     7  high  school diploma is entitled to attend the public schools maintained
     8  in the district in which such person  resides  without  the  payment  of
     9  tuition.  Provided  further  that such person may continue to attend the
    10  public school in such district in the same manner, if temporarily resid-
    11  ing outside the boundaries of  the  district  when  relocation  to  such
    12  temporary  residence  is a consequence of such person's parent or person
    13  in parental relationship being called to  active  military  duty,  other
    14  than training. Notwithstanding any other provision of law to the contra-
    15  ry,  the school district shall not be required to provide transportation
    16  between a temporary residence located outside of the school district and
    17  the school the child attends. A veteran of any age who shall have served
    18  as a member of the armed forces of the United States and who  (a)  shall
    19  have been discharged therefrom under conditions other than dishonorable,
    20  or  (b)  has a qualifying condition, as defined in section three hundred
    21  fifty of the executive law, and has received a discharge other than  bad
    22  conduct  or  dishonorable from such service, or (c) is a discharged LGBT
    23  veteran, as defined in section three hundred fifty of the executive law,
    24  and has received a discharge other than bad conduct or dishonorable from
    25  such service, may attend any of the public schools  of  the  state  upon
    26  conditions prescribed by the board of education, and such veterans shall
    27  be  included  in  the  pupil  count for state aid purposes. A nonveteran
    28  under twenty-one years of age who has received  a  high  school  diploma

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15029-01-2

        A. 10296                            2

     1  shall  be  permitted to attend classes in the schools of the district in
     2  which such person resides or in a  school  of  a  board  of  cooperative
     3  educational services upon payment of tuition under such terms and condi-
     4  tions  as shall be established in regulations promulgated by the commis-
     5  sioner; provided, however, that a school district may waive the  payment
     6  of  tuition  for  such nonveteran, but in any case such a nonveteran who
     7  has received a high school diploma shall not be counted  for  any  state
     8  aid  purposes.  Nothing herein contained shall, however, require a board
     9  of education to admit a child who becomes five years of  age  after  the
    10  school  year  has  commenced unless his birthday occurs on or before the
    11  first [of December] Monday in September.
    12    8. Homeless children. A homeless child, as defined in subdivision  one
    13  of section thirty-two hundred nine of this article, over the age of five
    14  and  under  twenty-one  years of age as of the first Monday in September
    15  for a given school year, who has not received  a  high  school  diploma,
    16  shall  be  entitled  to  attend  a  public school without the payment of
    17  tuition, in accordance with the provisions of section thirty-two hundred
    18  nine of this article.
    19    § 2. This act shall take effect on the first of July  next  succeeding
    20  the date upon which it shall have become a law.
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