N.Y. Education Law Section 4105
Required attendance upon instruction


Every Indian child between six and sixteen years of age, in proper physical and mental condition to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, spelling, writing, arithmetic, English grammar and geography are taught in English, or upon equivalent instruction by a competent teacher elsewhere than at such school as follows: Every Indian child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and every such child between six and fourteen years of age, shall so attend upon instruction as many days annually during the period between the first days of September and the following July as a public school of the community or district of the reservation, in which such child resides, shall be in session during the same period.


If any such child shall so attend upon instruction elsewhere than at the public school, such instruction shall be at least equivalent to the instruction given to Indian children of like age at a school of the community or district in which such child shall reside; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is required than is allowed in public schools for children of like age. Occasional absences from such attendance not amounting to irregular attendance in a fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practices of public schools.


Transportation shall be provided for Indian children who live more than a mile from the elementary and high schools they attend, and the commissioner of education is hereby empowered to make provision for the cost of the same as a part of the care and education of Indian children.

Source: Section 4105 — Required attendance upon instruction, https://www.­nysenate.­gov/legislation/laws/EDN/4105 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 4105’s source at nysenate​.gov

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