2023 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.