N.Y. Education Law § 3212: Definition of persons in parental relation and their duties; duties of certain other persons

§ 3212. Definition of persons in parental relation and their duties;

duties of certain other persons. 1. Definition. As used in this article,

a person in parental relation to another individual shall include his

father or mother, by birth or adoption, his step-father or step-mother,

his legally appointed guardian, or his custodian. A person shall be

regarded as the custodian of another individual if he has assumed the

charge and care of such individual because the parents or legally

appointed guardian of such individual have died, are imprisoned, are

mentally ill, or have been committed to an institution, or because, they

have abandoned or deserted such individual or are living outside the

state or their whereabouts are unknown, or have designated the person

pursuant to title fifteen-A of article five of the general obligations

law as a person in parental relation to the child.

2. Duties of persons in parental relation. Every person in parental

relation to another individual included by the provisions of part one of

this article:

a. Shall submit at the time such individual begins to attend upon

instruction evidence of age as required for the issuance of an

employment certificate, or show that such evidence cannot be produced.

When such evidence cannot be produced, or when circumstances exist which

reasonably indicate that such individual may be a missing child, the

superintendent of schools or his or her authorized representative shall

report and make inquiry to the statewide central register for missing

children pursuant to section eight hundred thirty-seven-e of the

executive law. If such child appears to match a child registered with

the statewide central register for missing children, or one registered

with the national crime information center register, the superintendent

or his or her authorized representative shall immediately contact the

local law enforcement authority. 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.

b. Shall cause such individual to attend upon instruction as

hereinbefore required, and to comply with the provisions of part one of

this article with respect to the employment or occupation of minors in

any business or service whatever.

c. Shall cause such individual to be placed in proper physical

condition to attend upon required instruction, if his physical condition

is remediable by the taking of reasonable measures.

d. Shall furnish proof that an individual who is not attending upon

instruction at a public or parochial school in the city or district

where the person in parental relation resides is attending upon required

instruction elsewhere. Failure to furnish such proof shall be

presumptive evidence that such individual is not attending.

e. Shall furnish, with respect to an individual from seventeen to

twenty-one years of age, on demand of a duly authorized representative

of the school authorities, satisfactory proof that he is able to speak,

read and write English as required for the completion of the fifth year

of the elementary school course of study, or cause such individual to

submit to an examination to determine his ability in these respects.

3. Exception. A person in parental relation to another individual

included by the foregoing provisions of this section shall not be

subject thereto if it can be shown that he is unable to control such

individual.

4. Duties of certain individuals from sixteen to twenty-one years of

age. An individual from sixteen to twenty-one years of age, if not under

the control of a person in parental relation, shall comply with such

requirements of part one of this article as are applicable.

5. Duties of other persons.

a. No person shall induce another individual to absent himself from

attendance upon required instruction or harbor him while he is absent or

aid or abet him in violating any provision of part one of this article.

b. No person shall interfere with an attendance officer in the lawful

pursuit of his duties, or neglect or refuse to answer his lawful

inquiries.

c. No person shall violate any provision of part one of this article

in relation to employment of minors, duties of employers, issuance or

transfer of any paper authorizing the employment of minors.

d. No person shall make a false oral or written statement in or in

relation to any employment certificate or other paper required by part

one of this article as to any matter required to appear therein.

f. No person shall present as his own any substitute, altered or

transferred certificate or badge.

6. Birth certificates. For the purpose of part one of this article,

the board of health upon request shall furnish to the school

authorities, or to the person in parental relation to a minor, or to an

individual from seventeen to twenty-one years of age, a duly certified

transcript of the birth certificate, filed according to law, of an

individual from five to twenty-one years of age.