N.Y. Education Law Section 3210
Amount and character of required attendance


1.

Regularity and conduct.

a.

A minor required by the provisions of part one of this article to attend upon instruction shall attend regularly as prescribed where he resides or is employed, for the entire time the appropriate public schools or classes are in session and shall be subordinate and orderly while so attending.

b.

(i) Absence for religious observance and education shall be permitted under rules that the commissioner shall establish.

(ii)

In addition, the board of education or trustees shall determine whether school session should not be held at an individual public school, or district-wide, on a day where, if school were in session, absenteeism may result in the waste of educational resources because a considerable proportion of the student population is unlikely to attend because of a religious or cultural day of observance.

c.

In the event that a person requests the release of a minor required by the provisions of part one of this article to attend upon instruction, the identity of such person shall be verified against a list of names provided by the person or persons in parental relation to the minor, as defined in § 2 (Definitions)section two of this chapter, at the time of such minor’s enrollment. The school district may adopt appropriate procedures for the purpose of submitting a list of names at a later date or updating the list of names provided by the person or persons in parental relation. If such person is identified as one of those persons included on such list, such minor may be released from attendance. If such person is identified as a person not included on such list, such minor may not be released except in the event of an emergency as determined in the sole discretion of the principal of the school, or his designee, provided that the person or persons in parental relation to the minor have been contacted and have agreed to such release. A school district may presume that either parent of the student has authority to obtain the release of said minor unless the school district has been provided with a certified copy of the legally binding instrument such as the court order or decree of divorce, separation or custody which provides evidence to the contrary. No situation shall be deemed an emergency until the facts of such situation have been verified by such principal or his designee. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this paragraph. The foregoing procedure shall not apply to release of a minor pursuant to the protective custody provisions of the social services law and the family court act.

2.

Attendance elsewhere than at a public school.

a.

Hours of attendance. If a minor included by the provisions of part one of this article attends upon instruction elsewhere than at a public school, he shall attend for at least as many hours, and within the hours specified therefor.

b.

Absence. Absence from required attendance shall be permitted only for causes allowed by the general rules and practices of the public schools. Absence for religious observance and education shall be permitted under rules that the commissioner shall establish.

c.

Holidays and vacations. Holidays and vacations shall not exceed in total amount and number those allowed by the public schools.

d.

Exception. In applying the foregoing requirements a minor required to attend upon full time day instruction by the provisions of part one of this article may be permitted to attend for a shorter school day or for a shorter school year or for both, provided, in accordance with the regulations of the state education department, the instruction he receives has been approved by the school authorities as being substantially equivalent in amount and quality to that required by the provisions of part one of this article.

Source: Section 3210 — Amount and character of required attendance, https://www.­nysenate.­gov/legislation/laws/EDN/3210 (updated Dec. 26, 2014; accessed Mar. 23, 2024).

3201
Discrimination on account of race, creed, color or national origin prohibited
3201–A
Discrimination on account of sex
3202
Public schools free to resident pupils
3203
Selection of school for attendance of children when district line intersects a dwelling
3204
Instruction required
3205
Attendance of minors upon full time day instruction
3206
Attendance of minors upon part time instruction
3207
Attendance upon evening instruction
3207–A
Service of persons seventeen years of age as election inspectors or poll clerks
3208
Attendance
3208–A
Special proceeding to determine physical capacity of student to participate in athletic programs
3209
Education of homeless children
3209–A
Child abuse prevention
3210
Amount and character of required attendance
3211
Records of attendance upon instruction
3211–A
Reports of reading tests
3212
Definition of persons in parental relation and their duties
3212–A
Records of telephone numbers
3213
Supervisors of attendance
3214
Student placement, suspensions and transfers
3215
Unlawful employment
3215–A
General certification provisions
3216
Employment certificates
3217
Procedure for issuance of employment certificates
3218
Evidence of age
3219
Consent of parent or guardian
3220
Certificate of physical fitness
3221
Pledge of employment
3222
Schooling record
3223
Duties of employers
3224
Temporary services
3225
Special employment certificate
3226
Farm work permits
3227
Street trades
3228
Newspaper carrier
3230
School district meetings and activities
3232
Courts having jurisdiction
3233
Penalties
3234
Enforcement

Accessed:
Mar. 23, 2024

Last modified:
Dec. 26, 2014

§ 3210’s source at nysenate​.gov

Link Style