NY Educ L § 3212 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 65 - Compulsory Education and School Census Part 1 - Compulsory Education 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.