article 65 of the education law

Part 1 Compulsory Education

Accessed: Sep. 14, 2024

Last modified: Jul. 28, 2023

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New York Laws > Education > Title 4 > Article 65 > Part 1 – Compulsory Education

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Terms Used In New York Laws > Education > Title 4 > Article 65 > Part 1 - Compulsory Education

• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed : In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Annuity : A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer : The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal : A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal : A determination of property value.
• Appropriation : The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest : Taking physical custody of a person by lawful authority.
• Assets : (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Continuance : Putting off of a hearing ot trial until a later time.
• Contract : A legal written agreement that becomes binding when signed.
• Conviction : A judgement of guilt against a criminal defendant.
• Corporation : A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages : Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed : The legal instrument used to transfer title in real property from one person to another.
• Devise : To gift property by will.
• Docket : A log containing brief entries of court proceedings.
• Electronic funds transfer : The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
• employee : means a person employed by the state university, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See N.Y. Education Law 398
• Entitlement : A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable : Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages . A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
• Evidence : Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year : The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift : A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian : A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Injunction : An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction : (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease : A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
• Lien : A claim against real or personal property in satisfaction of a debt.
• locker plant : shall mean any building, or portion thereof, under such chemical refrigeration, in which individual compartments or lockers, each of not more than one hundred cubic feet capacity, are rented for the purpose of freezer storage of articles of food. See N.Y. Agriculture and Markets Law 230
• Minority leader : See Floor Leaders
• Mortgage : The written agreement pledging property to a creditor as collateral for a loan.
• Oath : A promise to tell the truth.
• Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight : Committee review of the activities of a Federal agency or program.
• Partnership : A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal property : All property that is not real property.
• Precedent : A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Public law : A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property : Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess : A temporary interruption of the legislative business.
• refrigerated warehouse : shall mean any establishment or structure, or portion thereof, where space is rented or hired for the storage of food at or below the temperature of forty-five degrees Fahrenheit for more than thirty days. See N.Y. Agriculture and Markets Law 230
• refrigeration : shall mean the storage or keeping of articles of food in a refrigerated warehouse at or below a temperature above zero of forty-five degrees Fahrenheit. See N.Y. Agriculture and Markets Law 230
• Remainder : An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand : When an appellate court sends a case back to a lower court for further proceedings.
• salary : means that amount fixed by or pursuant to law and paid by or for an employer to an employee as compensation for services rendered by the employee to the employer. See N.Y. Education Law 398
• Statute : A law passed by a legislature.
• Testimony : Evidence presented orally by witnesses during trials or before grand juries.
• Transcript : A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee : A person or institution holding and administering property in trust.
• Uniform Commercial Code : A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

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New York Consolidated Laws, Education Law - EDN § 3205. Attendance of minors upon full time day instruction

Current as of January 01, 2021 | Updated by FindLaw Staff

1. a. In each school district of the state, each minor from six to sixteen years of age shall attend upon full time instruction.

b. Each minor from six to sixteen years of age on an Indian reservation shall attend upon full time day instruction.

c. For purposes of this article, a minor who becomes six years of age on or before the first of December in any school year shall be required to attend upon full time instruction from the first day that the appropriate public schools are in session in September of such school year, and a minor who becomes six years of age after the first of December in any school year shall be required to attend upon full time instruction from the first day of session in the following September; and, except as otherwise provided in subdivision three of this section, shall be required to remain in attendance until the last day of session in the school year in which the minor becomes sixteen years of age.

2. Exceptions. a. A minor who has completed a four-year high school course of study shall not be subject to the provisions of part one of this article in respect to required attendance upon instruction.

b. A minor for whom application for a full-time employment certificate has been made and who is eligible therefor may, though unemployed, be permitted to attend part time school not less than twenty hours per week instead of full time school.

c. The board of education of every school district within the state is hereby authorized to require minors who are five years of age on or before December first to attend kindergarten instruction. However, the provisions of this paragraph shall not apply to:

(i) Minors whose parents elect not to enroll their children in school until the following September.

(ii) Students enrolled in non-public schools or in home instruction.

3. In each school district, the board of education shall have power to require minors from sixteen to seventeen years of age who are not employed to attend upon full time day instruction until the last day of session in the school year in which the student becomes seventeen years of age.

Cite this article: FindLaw.com - New York Consolidated Laws, Education Law - EDN § 3205. Attendance of minors upon full time day instruction - last updated January 01, 2021 | https://codes.findlaw.com/ny/education-law/edn-sect-3205/

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(about education).

Labrador accuses education leaders of sowing ‘strife and conflict’ over new parental consent law

Attorney General Raúl Labrador has weighed in on school districts’ responsibilities under a new law that requires parental consent for health treatment. 

In a letter to state superintendent Debbie Critchfield last week, Labrador said it’s unlikely that a school district will be sued for giving a student a Band-Aid under Senate Bill 1329 . And he accused “various groups and individuals” of “pushing an extreme reading” of the law in an effort to undermine it. 

“It appears that these groups and individuals oppose the underlying policy of SB 1329 and are attempting to stir up unnecessary strife and conflict so that the true purpose of the new law, ensuring parents are involved in consequential medical decisions, is unable to be smoothly implemented,” Labrador wrote in the letter, which Idaho Education News obtained through a public records request.

SB 1329 — also known as the “Parental Rights in Medical Decision-making Act” — created a “private right of action” that allows parents to sue a health care provider that furnishes a “health care service” to a minor without parental consent. The law applies to school districts, which typically administer medical screenings, medications and basic first aid.

EdNews reported last month that the Boise School District is asking for parents’ consent for Band-Aids and Tylenol to ensure compliance with SB 1329. And the Moscow and Lewiston school districts similarly are requiring parental consent to provide routine treatment for bumps and scrapes, the Moscow-Pullman Daily News and Lewiston Tribune reported . 

The law defines “health care service” as including the “diagnosis, screening, examination, prevention, treatment, cure, care or relief of any physical or mental health condition, illness, injury, defect or disease.” And s chool districts have been following the advice of their own attorneys when interpreting the law as well as the Idaho School Boards Association, an advocacy group that lobbies for school trustees and offers them policy guidance. 

“While it may not be the legislative intent of the sponsors to require explicit permission to provide a Band-Aid, ISBA guidance is that school districts and charter schools do need to receive permission from parents or guardians to administer general first aid to their student,” ISBA executive director Misty Swanson previously told EdNews. 

Fearing a lawsuit for offering a student a Band-Aid is “absurd,” Labrador wrote, but if school leaders are concerned about litigation, they should offer tiers of pre-authorization granting parental consent to provide:

• Basic first aid, such as bandages and ice packs,
• Pain relief provisions, such as Tylenol,
• Counseling for emotional and mental health issues, and/or 
• All health care services. 

Labrador also warned against overly broad statements of authorization asking parents to consent to all health care services. “This all or nothing approach is inappropriate and contrary of the spirit of the law,” he wrote.

Labrador didn’t name specific school districts, groups or individuals in his letter. He told Critchfield that, “because of the importance” of this topic, he planned to send a copy to Swanson and Andy Grover, executive director of the Idaho Association of School Administrators, as well as Alex Adams, director of the Idaho Department of Health and Welfare.

Swanson confirmed Tuesday that she received a copy of the letter but said she wasn’t sure whether Labrador’s critiques were aimed at ISBA. “The guidance we issued on SB 1329 is consistent with the suggested direction Attorney General Labrador includes at the bottom of his letter,” she said by email.

Grover did not immediately respond to a request for comment.

Critchfield, meanwhile said Labrador’s letter was “necessary and appreciated by many districts.” It’s rare for Labrador to issue a written legal opinion, and Critchfield didn’t solicit his guidance on SB 1329.

“ While it does seem extreme that a student who needs a Band-Aid wouldn’t just get a Band-Aid, I understand why schools want to make sure they’re doing everything by the book, down to the last letter of the law,” Critchfield said by email.

The superintendent said she would support revisiting the law next legislative session to ensure the language “clearly reflects” its intended purpose.

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