Allows home schooled children to take certain career education classes at local boards of cooperative educational services districts for free.
TITLE OF BILL: An act to amend the education law, in relation to allowing home schooled children to take certain career education classes at local boards of cooperative educational services districts for free
PURPOSE: To allow home schooled children to take certain career education classes at local boards of cooperative educational services districts for no charge.
SUMMARY OF PROVISIONS: Section 3602-c of the education law is amended by adding a new subdivision 2-d, which states that students who are entitled to attend the public schools without the payment of tuition pursuant to section 3202 of this chapter, and who are home schooled, shall, upon the written request of the parent or person in parental relation of such student, apply to the board of education of the local public school district for the purpose of attending career education classes at the local board of cooperative education services districts at no charge.
JUSTIFICATION: Section 3602-c of state education law does not allow home schooled students to attend board of cooperative educational services (BOCES), due to what is referred to as the "dual-enrollment" law. Dual enrollment provisions authorize partial attendance at a public school by nonpublic school students for the purpose of obtaining instruction in the areas of occupational and vocational education, gifted education, and education of students with disabilities. They do no apply, however, to home-schooled students. The dual-enrollment provisions apply only to students who attend attending nonpublic schools recognized under state law as private elementary or secondary schools. Home-schooled students do not fall into that category.
In addition, section 4602 of state education law specifies that boards of education of each school district contract with BOCES for services. Boards of education, then, are in charge of providing services to their enrolled students. Since home schooled students are not eligible for "dual enrollment," per section 3602-c of education law, they cannot bypass the board of education of the local school district and be enrolled in a BOCES program.
Many resident homeowners living in and paying taxes to their local school district may choose to home school their children. These taxpayers are not utilizing any of the school district's services, including instruction or transportation, yet continue to support the district through payment of taxes. This bill would allow home schooled students who have an interest in pusuing a vocational or
technical career to apply to the local public school district in which their family resides, and to which the family pays taxes, in order to utilize BOCES services.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4786 2011-2012 Regular Sessions IN SENATE April 25, 2011 ___________Introduced by Sen. LARKIN -- 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 allowing home schooled children to take certain career education classes at local boards of cooperative educational services districts for free THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3602-c of the education law is amended by adding a new subdivision 2-d to read as follows: 2-D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, STUDENTS WHO ARE ENTITLED TO ATTEND THE PUBLIC SCHOOLS OF THE STATE WITHOUT THE PAYMENT OF TUITION PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER, AND WHO ARE HOME SCHOOLED, SHALL, UPON THE WRITTEN REQUEST OF THE PARENT OR PERSON IN PARENTAL RELATION OF ANY SUCH STUDENT, APPLY TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES, FOR THE PURPOSE OF ATTENDING CAREER EDUCATION CLASSES, AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION, AT LOCAL BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. SUCH REQUESTS SHALL BE FILED BEFORE THE FIRST DAY OF JUNE PRECEDING THE SCHOOL YEAR FOR WHICH THE REQUEST IS MADE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10905-01-1