SSS

Student Support Services

Key Laws and Regulations

Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial, and are presented for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. These regulations are subject to change on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Department of State, and the State Registerexternal link for the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.

Key Laws and Regulations Regarding Attendance Index
Attendance Course Completion Policies Attendance Law Enforcement
Attendance Records Census
Compulsory Attendance Educational Entitlement
Employment of Minors Home Hospital Instruction
Home Schooling (by parents) Immunizations
Length of School Day/Year Parental Involvement
Pre-Kindergarten Residency
School Health Services School Registration Enrollment
Student Discipline Student Suspension

 

Attendance Course Completion Policies

Description

Citation

Comprehensive Attendance Policy - Nine (9) required elements for board-approved policy CR 104.1
Referrals to Guidance for Attendance and behavior difficulties CR 100.2 (j)
Absence from alternative instruction CD - Matter of Ackert

 

Attendance Law Enforcement

Description

Citation

Counseling professionals in the field of school attendance EL 3213
Referrals to Guidance for Attendance and behavior difficulties CR 100.2 (j)
Parameters of probation orders Family Court Law 353.2

 

Attendance Records

Description

Citation

Who takes attendance EL 3024
Oath of accuracy EL 3025
More on who takes attendance EL 3211
Definition of persons in parental relation and their duties EL 3212.1
Record of student telephone numbers EL 3212 - a
Notification upon absence EL 3213 - c
Notification when deemed absent EL 3213 - d
Attendance Teacher Certification CR 80.3
Referrals to Guidance for Attendance and behavior difficulties CR 100.2 (j)
Attendance record keeping CR 104.1
Release time for religious instruction CR 109.2
Absence from alternative instruction CD - Matter of Ackert
Retention of student attendance records SED Policy - ED1

 

Census

Description

Citation

Census - NYC, Buffalo, Rochester EL 3240
Census - Cities <125,000 EL 3241
Census - School District EL 3242
Census of native children EL 4113
Census of children with handicaps to age 21 EL 4402.1 (a)
Census and register of students with disabilities CR 200.2 (a)

 

Compulsory Attendance

Description

Citation

Who must attend school EL 3205
Alternative instruction to compulsory age students suspended for disciplinary reasons CD - Matter of McMahon
Amendment to the Education Law in Relation to Compulsory Attendance Text of Memo

 

Educational Entitlement

Description

Citation

Raising the minimum age for school admission EL 1712
General categories of who can attend school EL 3201
Student entitlement EL 3202
Who can be dropped for non-attendance EL 3202.1 - a
Education of incarcerated youth EL 3202.7
Instruction required EL 3204.1 and 2
Attendance of minors upon part time instruction EL 3206
Attendance upon evening instruction EL 3207
Rules for educating homeless children EL 3209
Definition of persons in parental relation and their duties EL 3212.1
Education of native children EL 4103
Student Entitlement - Special Education EL 4202.5
Rules for educating homeless children CR 100.2 (x)
How to determine who lives in the district CR 100.2 (y)
GED does not eliminate the right to re-enroll in school to earn a diploma CR 100.5(7)(iii)
Computation of tuition charges for nonresident pupils CR 174.2
Computation of tuition charges for pupils who have received a high school diploma CR 174.3
Voluntary extension of entitlement age from December 1 to December 31 73 State Dept Rep 83
Instruction of Elementary and Secondary School Subjects Part 100 of the Commissioner's Regulations
Re-enrollment of School Age Children From Residential Facilities SED Policy and Field Memo, February 2009 pdf (398.44 KB)
Educational Stability for Students in Foster Care NYS Field Memo pdf (81.51 KB)
Notes of Decisions Concerning the Assignment of Pupils to Schools Within a District Notes of Decisions

 

Employment of Minors

Description

Citation

When it is legal for students to work - casual employment EL 3215
Who issues working papers EL 3215 (a)
Types of working papers EL 3216
Requirements to get working papers EL 3217
Proof of age EL 3218
Parental/guardian permission for full-time working papers EL 3219
Certification of physical fitness EL 3220
Pledge of employment EL 3221
Duties of Employers EL 3223
Keeping work papers at the work site EL 3224
Working papers for a farm EL 3226
Newspaper Carrier EL 3228
Working Paper Physicals EL 6526.2
Children as models Arts and Cultural Affairs Law - 35.05
Employment of minors under fourteen years of age LL 130
Employment of minors fourteen or fifteen years of age
LL 131
Employment of minor sixteen or seventeen years of age LL 132
Prohibited employments of minors LL 133
Placement of minors by employment agencies LL 134
Duties of employers LL 135
Employment of minors fourteen to eighteen years of age under physical disability (not compliant with EL 3220) LL 136
Duty of commissioner to transmit information LL 137
Employment of persons apparently under eighteen years of age LL 138
Physical examination of employed minors; cancellation of employment certificate LL 139
Enforcement of violations relating to child performers, child models, street trades, and newspaper carriers LL 140
Civil penalties LL 141
Hours of work for minors fourteen and fifteen years of age LL 142
Hours of work for minors sixteen and seventeen years of age LL 143
Posting of hours LL 144
Criminal penalties LL 145
Children as performers LL 150-153external link
Limit the use of Social Security Numbers (SSN) for identification purposes POL 96-a
Work protection from New York State Department of Labor Standards DOLexternal link
Modeling permits for children CR 190.2
Work exempt from requirement for working papers (casual employment) CR 191.1
Retention of student employment certificate records SED Policy - ED1

 

Home Hospital Instruction

Description

Citation

Health and welfare services to all children EL 912
Powers and duties of trustees in a Common School District EL 1604(20)
Powers and duties of a Board Of Education in a Union Free School District EL 1709(24)
Provisions for tutoring Indian children EL 4117
More provisions for tutoring CR 175.21
Units of Study and Units of Credit CR100.1 (a) & (b)
Alternative Assessment strategies for students with disabilities CR100.1 (t) (2) (iv)
Referrals to Guidance for Attendance and behavior difficulties CR 100.2 (j)
Alternatives to specific Regents and local diploma requirements CR100.5 (d) (i) (ii) (iii)
Homebound/hospital instruction for nonpublic students CD - Matter of Scales
Alternative Science Laboratory Experiences Related to Homebound Tutoring Pertinent Information
Memorandum from Senior Deputy Commissioner John King June 2, 2010 Memo to schools (pdf 45.53 KB)
Q & A's Related to Contracts for Instruction Q & A Contracts for Instruction ( 26.22 KB)
Guidance for the alternative instruction of students with special needs SED Guidance

 

Home Schooling (by parents)

Description

Citation

Required instruction EL 3204
Who must be provided instruction EL 3205
Minimum expectations for instruction EL 3210.2
Attendance records EL 3211
Definition of persons in parental relation and their duties EL 3212.1
Minimum expectations of parents EL 3212.2 (d)
Home instruction by parents CR 100.10
Minimum qualification for public school participation in interscholastic sports CR 135.4 (c)(7)(ii)(b)(2) (pdf 76.0 KB)
Requirements for the Provision of Special Education Services to Home-Instructed ("Home-Schooled") Students Memo to schools
Questions and Answers for Home instruction Q & A

 

Immunizations

Description

Citation

Immunization Law EL 914
Information about required immunizations and parental responsibilities Immunization GuidelinesExternal Link

 

Length of School Day/Year

Description

Citation

Minimum length of instructional year EL 1704.2
Minimum hours of instruction per day EL 3205
Minimum instruction for part time day EL 3206
Night school EL 3207
Minimum attendance expectations for students EL 3210
School year EL 3602external link
No school Saturdays or Holidays EL 3604.8 & 8 (b)
Public Holidays GCL 24
Release time for religious instruction CR 109.2
Minimum hours in a school day CR 175.5
Superintendent's Conference Day's EL 3604.8

 

Parental Involvement

Description

Citation

Filing an appeal to the Commissioner EL 310
Instructions
Program to prevent abduction of elementary school children EL 3213.2 (c)
Expectation of student attendance EL 3210
Definition of persons in parental relation and their duties EL 3212.1
Expectation of parental support of student attendance EL 3212.2 (d)
Consent to quit school for full time work EL 3219
Required immunization for school enrollment EL 914
PHL 2164
Limit the use of Social Security Numbers (SSN) for identification purposes POL 96-a
Referrals to Guidance for Attendance and behavior difficulties CR 100.2 (j)

 

Pre-Kindergarten

Description

Citation

Pre-K program eligibility EL 3602(e)(12)
Pre-school eligibility EL 4410.5
Universal Pre K. and Experimental Kindergarten Programs CR 151-1.(1),(2),(3)

 

Residency

Description

Citation

Procedures to determine school district boundaries EL 2215
Public School Entitlement for residents of the district EL 3202
When property line intersects more than one district EL 3203
Rules for educating homeless children EL 3209
Definition of persons in parental relation and their duties EL 3212.1
Title 15-A - Designation of a Person in Parental Relation (Kinship Care)

GOBL 5-1551
GOBL 5-1552
GOBL 5-1553
GOBL 5-1554
GOBL 5-1555

When homeless children must be educated CR 100.2 (x)
How to determine which district your child(ren) may attend for free CR 100.2 (y)
Computation of tuition charges for nonresident pupils CR 174.2
Computation of tuition charges for pupils who have received a high school diploma CR 174.3
Matter of Pinto - residency Decision No. 12,499
Student Registration Guidance Student Registration Guidance (pdf 49.49 KB)
Educational Services for Recently Arrived Unaccompanied Children Educational Services for Recently Arrived Unaccompanied Children pdf icon (258 KB)

 

School Health Services

Description

Citation

Medical & Health Service EL - Article 19
Definitions of School Health Services and Personnel CR 136.1  
Duties of Schools to Provide Health Services CR 136.2 
School Health Services to be Provided CR 136.3
On Site Cardiac Automated Defibrillators CR 136.4
Clarification of Student Pregnancy and Confidentiality SED Memo

 

School Registration Enrollment

Description

Citation

Immunization requirements prior to school enrollment EL 914
School Registration Enrollment EL 3208.5 (a-d)
Parental relations and duties to support the school EL 3212
Limit the use of Social Security Numbers (SSN) for identification purposes POL 96-a
Enrollment of youth released from Residential Placements CR 100.2 (ff)
Diagnostic Screening CR 117.1-3
Who may attend universal pre-K CR 151.1 (d)
Child Name Change NYS Supreme Court Decision
Educational Stability for Students in Foster Care SED Policy Memo
Enrollment of youth released from Residential Placements SED Policy Memo
School Health Services SED Website
Immunizations SED Website
Changes to Family Educational Rights and Privacy Act (FERPA) that require schools provide Social Services caseworkers with the school records of a student client SED Website
Guidance for Student Registration SED Website

 

Student Discipline

Description

Citation

Codes of Conduct on School Property EL 2801
School Safety Plans EL 2801 - a
Uniform Violent Incident Reporting System EL 2802
Instructions for suspension and hearings EL 3214
Behavior as a Manifestation of the Disability EL 4402 (3) (j)
Special Needs Students, Weapons and Controlled Substances EL 4402 (3) (k)
Behavior by a Student Presumed to Have a Disability EL 4402 (3) (l)
Referrals to Guidance for Attendance and behavior difficulties CR 100.2 (j)
Policy on School conduct and discipline CR 100.2 (l) (1)
Code of conduct CR 100.2 (l) (2)
Parental notification of student suspension CR 100.2 (l) (4)
Prohibition of corporal punishment in public schools CR 100.2 (3) (i)
After School Detention SED Policy Memo

 

Student Suspension

Description

Citation

Required instruction EL 3204.2
Who must get alternative instruction when suspended EL 3205
Instructions for suspension and hearings EL 3214
Management of suspended students EL 3214.3 and 3 (2)
Parental notification of student suspension CR 100.2 (l) (4)
More provisions for tutoring CR 175.21
Absence from alternative instruction CD - Matter of Ackert
Guidance for the alternative instruction of students with special needs SED Guidance
Last Updated: September 17, 2014