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

§ 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 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.