N.Y. Education Law § 4105: Required attendance upon instruction

§ 4105. Required attendance upon instruction. 1. Every Indian child

between six and sixteen years of age, in proper physical and mental

condition to attend school, shall regularly attend upon instruction at a

school in which at least the common school branches of reading,

spelling, writing, arithmetic, English grammar and geography are taught

in English, or upon equivalent instruction by a competent teacher

elsewhere than at such school as follows: Every Indian child between

fourteen and sixteen years of age not regularly and lawfully engaged in

any useful employment or service, and every such child between six and

fourteen years of age, shall so attend upon instruction as many days

annually during the period between the first days of September and the

following July as a public school of the community or district of the

reservation, in which such child resides, shall be in session during the

same period.

2. If any such child shall so attend upon instruction elsewhere than

at the public school, such instruction shall be at least equivalent to

the instruction given to Indian children of like age at a school of the

community or district in which such child shall reside; and such

attendance shall be for at least as many hours of each day thereof, as

are required of children of like age at public schools and no greater

total amount of holidays and vacations shall be deducted from such

attendance during the period such attendance is required than is allowed

in public schools for children of like age. Occasional absences from

such attendance not amounting to irregular attendance in a fair meaning

of the term, shall be allowed upon such excuses only as would be allowed

in like cases by the general rules and practices of public schools.

3. Transportation shall be provided for Indian children who live more

than a mile from the elementary and high schools they attend, and the

commissioner of education is hereby empowered to make provision for the

cost of the same as a part of the care and education of Indian children.