A 2240: Provides for absence from school for the mental or behavioral health of the minor.

  
  STATE OF NEW YORK ________________________________________________________________________ 2240 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. SIMON, WEPRIN, CRUZ, BURDICK -- read once and referred 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] such minor resides or is employed, for the entire time the 10 appropriate public schools or classes are in session and shall be subor- 11 dinate and 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 25 list of names provided by the person or persons in parental relation to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04806-01-5 
 A. 2240 2 1 the minor, as defined in section two of this chapter, at the time of 2 such minor's enrollment. The school district may adopt appropriate 3 procedures for the purpose of submitting a list of names at a later date 4 or updating the list of names provided by the person or persons in 5 parental relation. If such person is identified as one of those persons 6 included on such list, such minor may be released from attendance. If 7 such person is identified as a person not included on such list, such 8 minor may not be released except in the event of an emergency as deter- 9 mined in the sole discretion of the principal of the school, or [his] 10 such principal's designee, provided that the person or persons in 11 parental relation to the minor have been contacted and have agreed to 12 such release. A school district may presume that either parent of the 13 student has authority to obtain the release of said minor unless the 14 school district has been provided with a certified copy of the legally 15 binding instrument such as the court order or decree of divorce, sepa- 16 ration or custody which provides evidence to the contrary. No situation 17 shall be deemed an emergency until the facts of such situation have been 18 verified by such principal or [his] such principal's designee. No civil 19 or criminal liability shall arise or attach to any school district or 20 employee thereof for any act or omission to act as a result of, or in 21 connection with, the duties or activities authorized or directed by this 22 paragraph. The foregoing procedure shall not apply to release of a minor 23 pursuant to the protective custody provisions of the social services law 24 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, 28 [he] such minor shall attend for at least as many hours, and within the 29 hours specified 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] such minor receives has been approved by the school authorities as 44 being substantially equivalent in amount and quality to that required by 45 the 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.