2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 65 - Compulsory Education and School Census › Part 1 - Compulsory Education › 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.