3210 - Amount and character of required attendance.

§ 3210. Amount  and  character  of required attendance.  1. Regularity  and conduct. a. A minor required by the provisions of part one  of  this  article  to attend upon instruction shall attend regularly as prescribed  where he resides or is employed, for the  entire  time  the  appropriate  public  schools  or  classes are in session and shall be subordinate and  orderly while so attending.    b. Absence for religious observance and education shall  be  permitted  under rules that the commissioner shall establish.    c. In the event that a person requests the release of a minor required  by   the  provisions  of  part  one  of  this  article  to  attend  upon  instruction, the identity of such person shall  be  verified  against  a  list  of names provided by the person or persons in parental relation to  the minor, as defined in section two of this chapter,  at  the  time  of  such  minor's  enrollment.  The  school  district  may adopt appropriate  procedures for the purpose of submitting a list of names at a later date  or updating the list of names provided  by  the  person  or  persons  in  parental relation.  If such person is identified as one of those persons  included  on  such  list, such minor may be released from attendance. If  such person is identified as a person not included on  such  list,  such  minor  may  not  be  released  except  in  the  event of an emergency as  determined in the sole discretion of the principal of the school, or his  designee, provided that the person or persons in  parental  relation  to  the  minor have been contacted and have agreed to such release. A school  district may presume that either parent of the student has authority  to  obtain  the  release  of  said minor unless the school district has been  provided with a certified copy of the legally binding instrument such as  the court order or  decree  of  divorce,  separation  or  custody  which  provides  evidence  to  the  contrary.  No  situation shall be deemed an  emergency until the facts of such situation have been verified  by  such  principal or his designee. No civil or criminal liability shall arise or  attach  to  any  school  district  or  employee  thereof  for any act or  omission to act as a result of, or in connection  with,  the  duties  or  activities  authorized  or  directed  by  this  paragraph. The foregoing  procedure shall not  apply  to  release  of  a  minor  pursuant  to  the  protective  custody provisions of the social services law and the family  court act.    2.  Attendance  elsewhere  than  at  a  public  school.  a.  Hours  of  attendance.    If a minor included by the provisions of part one of this  article attends upon instruction elsewhere than at a public  school,  he  shall  attend for at least as many hours, and within the hours specified  therefor.    b. Absence. Absence from required attendance shall be  permitted  only  for  causes  allowed  by  the  general rules and practices of the public  schools.  Absence  for  religious  observance  and  education  shall  be  permitted under rules that the commissioner shall establish.    c.  Holidays and vacations. Holidays and vacations shall not exceed in  total amount and number those allowed by the public schools.    d. Exception. In applying the foregoing requirements a minor  required  to  attend  upon full time day instruction by the provisions of part one  of this article may be permitted to attend for a shorter school  day  or  for  a shorter school year or for both, provided, in accordance with the  regulations of  the  state  education  department,  the  instruction  he  receives   has   been  approved  by  the  school  authorities  as  being  substantially equivalent in amount and quality to that required  by  the  provisions of part one of this article.