BILL NUMBER: S8132REVISED 6/6/2025
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the education law, in relation to implementing require-
ments and guidelines to reduce chronic absenteeism
 
PURPOSE:
To address the issue of chronic absenteeism in New York State schools.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a new section 3200 to article 65 of the education law,
providing definitions. A student is considered "absent" if they miss at
least 50% of the school day, not including time spent in interscholastic
extracurricular activities. The terms "excused absence," "unexcused
absence," and "disciplinary absence" will be defined by the education
department and used to support local and regional education boards in
monitoring absenteeism. Engagement in virtual learning activities such
as classes, meetings, electronic systems, and assignment completion that
amount to at least half of a school day will not count as absences
during remote learning. "Remote learning" refers to instruction via
internet-based platforms. A student is deemed "chronically absent" if
they miss 10% or more of the school days they are enrolled in a school
year. Finally, "district chronic absenteeism rate" and "school chronic
absenteeism rate" are calculated by dividing the number of chronically
absent students by the total student population in the respective
district or school.
Section 2: Amends the education law by adding a new section 3213-a,to
mandate that schools and districts with high chronic absenteeism rates
establish attendance review teams to effectively address the issue.
Districts with an overall absenteeism rate of 10% or higher, or individ-
ual schools with rates of 15% or higher, must form these teams, which
may include administrators, attendance supervisors, counselors, social
workers, teachers, and community program representatives. These teams
are responsible for reviewing cases of truant and chronically absent
students, recommending interventions, making community referrals, and
implementing a tiered strategy framework developed by the Department of
Education in consultation with community organizations. The three-tiered
approach consists of universal, school-wide prevention efforts for all
students (Tier One); targeted interventions such as home visits, mentor-
ship, and family meetings for students missing 10-18% of school days
(Tier Two); and intensive interventions for those missing 20% or more
(Tier Three). Additionally, the legislation requires implementing an
early warning system to identify students at risk due to absenteeism,
academic failure, or suspensions, with attendance review teams tasked
with monitoring and responding to these alerts.
Section 3: Amends Subdivision 1-a of section 3202 of the education law,
to outline the process for withdrawing or dropping a pupil from enroll-
ment after being absent for twenty consecutive school days. Before
removal, the principal or superintendent must schedule and notify the
student and their parent or guardian of an informal conference-prefer-
ably at the pupil's residence-where reasons for absence and possible
educational program adjustments to encourage re-entry are discussed.
Parents must sign a withdrawal form attesting that they have been
informed of educational options and that the child will enroll in an
adult education program if withdrawn. Parents may also withdraw a child
for other reasons such as transferring schools or homeschooling; other-
wise, the district must keep the child enrolled and continue efforts to
re-engage them. If the district cannot locate the child, it must exhaust
due process procedures including mailed notices, home visits by school
officials, law enforcement visits, and referrals for educational
neglect. Only after these efforts and a home visit may a district drop
the pupil from enrollment, with the exit date reflecting the completion
of due process-not backdated-and documentation supporting the decision.
Section 4: Amends Paragraph a of subdivision 2 of section 3213 of the
education law, to prohibit any supervisor of attendance, attendance
teacher, or attendance officer from arresting a student who is unlaw-
fully absent from school. Instead of arresting the student, the officer
must ensure the student is returned to required instruction and notify
the parent or guardian. In cases where a student resides in one school
district but attends school in another, attendance officers from both
districts share authority over the student and those in parental
relation to them.
Section 5: Sets effective date.
 
JUSTIFICATION:
Chronic absenteeism is defined as missing 10% or more of school days in
an academic year and is a growing crisis with long-term consequences for
student success and educational equity. According to Attendance Works, a
leading nonprofit dedicated to improving school attendance, at least
14.7 million students were chronically absent nationwide during the
2020-21 school year. While absenteeism was already a concern prior to
the COVID-19 pandemic, the disruptions of remote learning, public health
concerns, and social instability have nearly doubled the number of
students affected.
The academic and social costs of chronic absenteeism are well-document-
ed. Students who are chronically absent in early grades are more likely
to struggle with foundational reading skills, setting them back academ-
ically for years.
Other states have successfully used legislation to tackle chronic absen-
teeism, providing a roadmap for New York to follow. In particular,
Connecticut's comprehensive statewide strategy-codified through legisla-
tion-has been recognized as a national model. Their approach combines
data transparency and frequent reporting, early intervention systems,
and school-community partnerships to address the root causes of absen-
teeism.
This legislation will equip schools, districts, and SED with the tools
and frameworks they need to proactively identify and support students
who are at risk of falling through the cracks due to chronic absence. A
coordinated state response, grounded in best practices and responsive to
local needs, is critical to ensuring all students have the opportunity
to thrive.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect which it shall have become amendment and/or
repeal of implementation of this act and completed on or beforeon the
first of July next succeeding the date on a law. Effective immediately,
the addition, any rule or regulation necessary for the on its effective
date are authorized to be made such effective date.

Statutes affected:
S8132: 3202 education law, 3202(1-a) education law, 3213 education law, 3213(2) education law