Bill Text: NY S03179 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S03179 Detail]

Download: New_York-2023-S03179-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3179

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by Sens. HOYLMAN-SIGAL, BROUK, COMRIE, JACKSON -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Education

        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.
                                                                   LBD07600-01-3
        S. 3179                             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.