Section 3202 - Title IV, Article 65, Part I
S 3202. Public schools free to resident pupils; tuition from nonresident pupils.
- 1. A person over five and under twenty-one years of age who has not
received a high school diploma is entitled to attend the public
schools maintained in the district in which such person resides without
the payment of tuition. A veteran of
any age who shall have served as a member of the armed forces
of the United States and who shall have been discharged therefrom
under conditions other than dishonorable, may attend any of
the public schools of the state upon conditions prescribed
by the board of education, and such veterans shall be included
in the pupil count for state aid purposes. A nonveteran under
twenty-one years of age who has received a high school diploma
shall be permitted to attend classes in the schools of the
district in which such person resides or in a school of a board
of cooperative educational services upon payment of tuition
under such terms and conditions as shall be established in
regulations promulgated by the commissioner; provided, however,
that a school district may waive the payment of tuition for
such nonveteran, but in any case such a nonveteran who has
received a high school diploma shall not be counted for any
state aid purposes. Nothing herein contained shall, however,
require a board of education to admit a child who becomes five
years of age after the school year has commenced unless his
birthday occurs on or before the first of December.
- No pupil over the compulsory attendance age in his
or her school district shall be dropped from enrollment unless
he or she has been absent twenty consecutive school days
and the following procedure is complied with:
- The principal or superintendent shall schedule and notify, in writing and at the last known address, both the student and the person in parental relation to the student of an informal conference. At the conference the principal or superintendent shall determine both the reasons for the pupil's absence and whether reasonable changes in the pupil's educational program would encourage and facilitate his or her re-entry or continuance of study. The pupil and the person in parental relation shall be informed orally and in writing of the pupil's right to re-enroll at any time in the public school maintained in the district where he or she resides, if otherwise qualified under this section. If the pupil and the person in parental relationship fail, after reasonable notice, to attend the informal conference, the pupil may be dropped from enrollment provided that he or she and the person in parental relation are notified in writing of the right to re-enter at any time, if other- wise qualified under this section.
- No pupil over the compulsory attendance age in his or her school district shall be dropped from enrollment unless he or she has been absent twenty consecutive school days and the following procedure is complied with:
- Youth incarcerated in county correctional facilities or youth shelters. a. A person under twenty-one years of age who has not received a high school diploma and who is incarcerated in a correctional facility maintained by a county or by the city of New York or in a youth shelter is eligible for educational services pursuant to this subdivision and in accordance with the regulations of the commissioner. Such services shall be provided by the school district in which the facility or youth shelter is located, within the limits of the funds allocated by the commissioner for such purposes pursuant to section thirty-six hundred two of this chapter and pursuant to a plan approved by the commissioner. ….
- Homeless children. A homeless child, as defined in subdivision one of section thirty-two hundred nine of this article, over the age of five and under twenty-one years of age, who has not received a high school diploma, shall be entitled to attend a public school without the payment of tuition, in accordance with the provisions of section thirty-two hundred nine of this article.