Related 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 Register for the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.
Index
- Attendance Course Completion Policies
- Attendance Law Enforcement
- Attendance Records
- Census
- Compulsory Education
- Educational Entitlement
- Employment of Minors
- Home, Hospital, or Institutional 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
| Attendance Law Enforcement | 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 |
| Absence from school for religious observance and education | CR 109.2 |
| Absence from alternative instruction | CD - Matter of Ackert |
| Retention of student attendance records | Local Government Schedule: LGS-1 |
Census
| Description | Citation |
|---|---|
| Census - NYC, Buffalo, Rochester | EL 3240 |
| Census - Cities < 125,000 | EL 3241 |
| Census - School Districts | 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 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 |
| Attendance of minors upon part time instruction | EL 3206 |
| Attendance upon evening instruction | EL 3207 |
| Rules for education homeless children | EL 3209 |
| Definition of persons in parental relation and their duties | EL 3212.1 |
| Evidence of Age | EL 3218 |
| Education of native children | EL 4013 |
| Student Entitlement - Special Education | EL 4202.5 |
| Rules for education 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 and 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 |
| Educational Stability for Students in Foster Care | NYS Field Memo |
| Notes of Decisions Concerning the Assignment of Pupils to Schools Within a District | Notes of Decisions |
Employment of Minors
| Description | Citation |
|---|---|
| When is it 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 Papers Physicals | EL 6526.2 |
| Children as models | Arts and Cultural Affairs Law - 35.5 |
| Employment of minors under fourteen years of age | LL 130 |
| Employment of minors fourteen or fifteen years of age | LL 131 |
| Employment of minors sixteen to seventeen years of age | LL 132 |
| Prohibited employment 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 newspapers carriers | LL140 |
| Civil Penalties | LL 141 |
| Hours of work for minors fourteen and fifteen years of age | LL 142 |
| Hours of work for minors sixteen years of age | LL 143 |
| Posting of hours | LL 144 |
| Criminal penalties | LL 145 |
| Children as performers | LL 150 LL 151 LL 152 LL 153 |
| Work protection from New York State Department of Labor Standards | DOL |
| Modeling permits for children | CR 190.2 |
| Work exempt from requirement for working papers (casual employment) | CR 191.1 |
Home, Hospital, or Institutional Instruction
| Description | Citation |
|---|---|
| New Regulation for Home, Hospital, or Institutional Instruction | CR 100.22 |
| Amended regulation for students with disabilities recommended for home, hospital, or institutional instruction | CR 200.6 |
| Frequently Asked Questions for home, hospital, or institutional instruction | FAQs for HHI |
| 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 Student and Units of Credit | CR 100.1(a&b) |
| Alternative Assessment strategies for students with disabilities | CR 100.1(t)(2)(iv) |
| Referrals to Guidance for Attendance and behavior difficulties | CR 100.2(j) |
| Alternatives to specific Regents and local diploma requirements | CR 100.5(d)(i-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 |
| Q&A's Related to Contracts for Instruction | Q&A Contracts for Instruction |
Home Schooling (by parents)
| Find laws and regulations related to Home Schooling |
Immunizations
| Description | Citation |
|---|---|
| Immunization Law | EL 914 |
| Immunization Guidelines | Immunization Guidelines |
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 3602 |
| 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 Days | EL 3604.8 |
Parental Involvement
| Description | Citation |
|---|---|
| Family Educational Rights and Privacy Act (FERPA)2 | 20 U.S.C. § 1232g; 34 CFR Part 99 |
| 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 912 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 CR 151-1.2 CR 151-1.3 |
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 n a 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 |
| A Guide to Understanding the New Rules for School Registration | English Spanish |
| Student Registration Guidance | Student Registration Guidance |
| Educational Services for Recently Arrived Unaccompanied Children | Educational Services for Recently Arrived Unaccompanied Children |
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 3213 |
| Evidence of Age | EL 3218 |
| 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 CR 117.2 CR 117.3 |
| 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 |
| 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 3214.3-3(2) |
| Parental notification of student suspension | CR 100.2 (l) (4) |
| Absence from alternative instruction | CD - Matter of Ackert |