BILL NUMBER: S4037B
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the education law, in relation to the compulsory age for
full time instruction and certain related exceptions
 
PURPOSE:
The bill lowers the compulsory age of full-time school attendance to
five years of age, from the current age of six. It requires that all
children between the ages of five to sixteen years of age attend school
full-time.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 11 of section 2 of the education law,
which defines the term "child of compulsory school age."
Section 2: Amends subdivision 1, paragraph c of subdivision 2, and
subdivision 3 of section 3205 of the education law, which states that
children in all school districts must attend school full-time.
Section 2 also states that a minor who will become five years of age in
any school year and whose parent elects not to enroll their child in
school or in home instruction in such school year shall not be required
to attend upon full time instruction until the first day of session in
September of the following school year.
Section 3: Amends subdivision 1 of section 4105 of the education law to
make similar changes related to Native American schools.
Section 4: Amends section 4106 of the education law to make similar
changes related to Native American schools.
Section 5: Amends section 4108 of the education law to make similar
changes related to Native American schools.
Section 6: Amends section 4109 of the education law to make similar
changes related to Native American schools.
Section 7: Amends section 4111 of the education law to make similar
changes related to Native American schools.
Section 8: Sets Effective Date.
 
JUSTIFICATION:
Experts agree that early childhood education plays a critical role in
later school success and the crucial developmental period of brain
growth. Kindergarten, in particular, helps to lay the foundation for all
that is to come by promoting everything from basic academic skills like
reading-readiness and early math to honing crucial social talents such
as patience, perseverance, determination, and manners. Some research
revealed longitudinal benefits by showing that children who learned more
in kindergarten were less likely to be single parents, went to college
in higher numbers, and earned higher incomes.
While New York has worked to offer every-four year old a seat in the
Universal Pre-K program, kindergarten in New York is not mandatory,
largely partly due to the current education law, which sets the compul-
sory age for full-time school attendance at six. As a result, many
school districts complain of chronic absenteeism, where more than 10% of
school days are missed among their five-year-old students. Some parents
perceive early education, particularly in kindergarten, as unimportant.
At the same time, contrary research has shown that chronic absence in
kindergarten is associated with lower academic performance in the first
grade. By lowering the mandatory attendance age to five years, we give
children the early tools they need to succeed.
 
LEGISLATIVE HISTORY:
Senate
2021: S7528, Referred to Rules
2022: S7528, Referred to Education
2023: S3573, Referred to Education
2024: S3573, Referred to Education
2025: S4037A, Committed to Rules
Assembly
2021: A818, Referred to Education
2022: A818, Referred to Education
2023: A878, Referred to Education
2024: A878, Referred to Education
2025: A323A, Referred to Education
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

Statutes affected:
S4037: 2 education law, 2(11) education law
S4037A: 2 education law, 2(11) education law
S4037B: 2 education law, 2(11) education law, 4105 education law, 4105(1) education law, 4106 education law, 4108 education law, 4109 education law, 4111 education law