New York Consolidated Laws, Education Law - EDN § 3205. Attendance of minors upon full time day instruction

1. a. In each school district of the state, each minor from six to sixteen years of age shall attend upon full time instruction.

b. Each minor from six to sixteen years of age on an Indian reservation shall attend upon full time day instruction.

c. For purposes of this article, a minor who becomes six years of age on or before the first of December in any school year shall be required to attend upon full time instruction from the first day that the appropriate public schools are in session in September of such school year, and a minor who becomes six years of age after the first of December in any school year shall be required to attend upon full time instruction from the first day of session in the following September;  and, except as otherwise provided in subdivision three of this section, shall be required to remain in attendance until the last day of session in the school year in which the minor becomes sixteen years of age.

2. Exceptions.  a. A minor who has completed a four-year high school course of study shall not be subject to the provisions of part one of this article in respect to required attendance upon instruction.

b. A minor for whom application for a full-time employment certificate has been made and who is eligible therefor may, though unemployed, be permitted to attend part time school not less than twenty hours per week instead of full time school.

c. The board of education of the Syracuse city school district, the board of education of the city school district of the city of New York, the board of education of the city school district of the city of Rochester, the board of education of the city school district of the city of Utica, the board of education of the city school district of the city of Buffalo the board of education of the city school district of the city of Cohoes, the board of education of the city school district of the city of Watervliet, and the board of education of the city school district of the city of Yonkers are hereby authorized to require minors who are five years of age on or before December first to attend kindergarten instruction.  However, the provisions of this paragraph shall not apply to:

(i) Minors whose parents elect not to enroll their children in school until the following September.

(ii) Students enrolled in non-public schools or in home instruction.

3. In each school district, the board of education shall have power to require minors from sixteen to seventeen years of age who are not employed to attend upon full time day instruction until the last day of session in the school year in which the student becomes seventeen years of age.


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