Requires all 5 year olds as of December 1, 2015 to attend kindergarten unless in non-public schools in a city with a population of one million or more.

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A2293A-2011 Actions

• Jun 26, 2012: enacting clause stricken
• Mar 14, 2012: print number 2293a
• Mar 14, 2012: amend (t) and recommit to education
• Jan 4, 2012: referred to education
• Jan 18, 2011: referred to education

A2293A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2293--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 18, 2011
                                 ___________

  Introduced  by M. of A. CLARK -- read once and referred to the Committee
    on Education -- recommitted to the Committee on Education  in  accord-
    ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee

  AN  ACT  to amend the education law, in relation to attendance of minors
    in a city with a population of one million or more

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  3205 of the education law is amended by adding a
  new subdivision 4 to read as follows:

    4. COMMENCING  DECEMBER  FIRST,  TWO  THOUSAND  FIFTEEN,  EACH  SCHOOL
  DISTRICT  LOCATED  IN A CITY WITH A POPULATION OF ONE MILLION OR MORE IS
  HEREBY AUTHORIZED TO REQUIRE MINORS WHO ARE FIVE  YEARS  OF  AGE  ON  OR
  BEFORE  DECEMBER FIRST TO ATTEND KINDERGARTEN INSTRUCTION FROM THE FIRST
  DAY THAT THE APPROPRIATE PUBLIC SCHOOLS ARE IN SESSION IN  SEPTEMBER  OF
  SUCH  SCHOOL  YEAR,  AND A MINOR WHO BECOMES FIVE YEARS OF AGE AFTER THE
  FIRST OF DECEMBER IN ANY SCHOOL YEAR SHALL BE REQUIRED TO ATTEND KINDER-
  GARTEN FROM THE FIRST DAY OF SESSION IN THE FOLLOWING SEPTEMBER. HOWEVER
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO STUDENTS  ENROLLED
  IN NON-PUBLIC SCHOOLS OR IN HOME INSTRUCTION.
    S 2. Subdivision 1 of section 3202 of the education law, as amended by
  chapter 106 of the laws of 2003, is amended to read as follows:

    1.  A person [over] AT LEAST five YEARS OLD and under twenty-one years
  of age who has not received a high school diploma is entitled to  attend
  the  public  schools  maintained  in  the  district in which such person
  resides without the payment  of  tuition.  Provided  further  that  such
  person  may continue to attend the public school in such district in the
  same manner, if temporarily  residing  outside  the  boundaries  of  the
  district when relocation to such temporary residence is a consequence of
  such  person's parent or person in parental relationship being called to

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06546-02-2

 A. 2293--A                          2

  active military duty, other than  training.  Notwithstanding  any  other
  provision  of  law  to  the  contrary,  the school district shall not be
  required to provide transportation between a temporary residence located
  outside  of  the  school  district  and  the school the child attends. A
  veteran of any age who shall have served as a member of the armed forces
  of the United States and who shall have been discharged therefrom  under
  conditions other than dishonorable, may attend any of the public schools
  of  the  state upon conditions prescribed by the board of education, and
  such veterans shall be  included  in  the  pupil  count  for  state  aid
  purposes.  A nonveteran under twenty-one years of age who has received a
  high school diploma shall be permitted to attend classes in the  schools
  of  the  district in which such person resides or in a school of a board
  of cooperative educational services upon payment of tuition  under  such
  terms  and conditions as shall be established in regulations promulgated
  by the commissioner; provided, however, that a school district may waive
  the payment of tuition for such nonveteran,  but  in  any  case  such  a
  nonveteran  who  has received a high school diploma shall not be counted
  for any state aid purposes. Nothing  herein  contained  shall,  however,
  require  a board of education to admit a child who becomes five years of
  age after the school year has commenced unless his birthday occurs on or
  before the first of December.
    S 3. This act shall take effect immediately.