Winters, In re
| Decision Date | 16 November 1955 |
| Citation | 208 Misc. 953,146 N.Y.S.2d 107 |
| Parties | In the Matter of Beverly WINTERS A Child Under Sixteen Years of Age. * Children's Court, Warren County |
| Court | New York Children's Court |
James S. Riley, Warrensburg, for petitioner.
John S. Hall, Warrensburg, for respondents.
This is a neglect proceeding brought on the petition of the attendance officer of the Warrensburg Central School District in which it is alleged that 'Beverly Winters', a child who became seven years of age on July 1, 1955, is 'unlawfully kept out of school by her parents'.
No testimony was taken, but after an informal pre-trial conference, the matter was submitted on the following agreed facts:
(1) That the child, 'Beverly Winters,' is seven years of age.
(2) That the child attended kindergarten in the Warrensburg Central School for the 1953-1954 school year but lost a small portion of the year due to illness.
(3) That the child did not attend any school during the 1954-1955 school year.
(4) The child was entered in the kindergarten at the beginning of the 1955-1956 school year and was given a Metropolitan Readiness Test.
(5) On the basis of the school authorities' interpretation of the results of the readiness test the child and her parents were informed that she would not be admitted to first grade and must continue to go to kindergarten. A like test with the same results was given at the end of the 1953-1954 school year.
(6) That the child attended kindergarten approximately twenty days of the current school year and at the end of that time was withdrawn from attendance by her parents for the reason that she was not permitted to attend first grade.
(7) That the parents are ready, willing and able to send the child to school so long as she is entered into first grade.
The respondents have not raised a defense that the child is receiving instructions elsewhere than in the public school. It is presumed that she is not.
The question for determination is whether or not there has been a violation of the compulsory education features of the Education Law, or to put it another way, can a seven year old child be compelled to attend kindergarten. I think not.
Section 3205 of the Education Law requires that each minor from seven to sixteen years of age shall attend upon full daytime instruction. The required courses of study are outlined in Section 3204, in part, as follows:
If this child were getting proper instructions in these subjects elsewhere than in the public school system, there would be no violation and, therefore, it must necessarily follow that education in other courses,...
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Tameka S., Matter of
... ... 2(11). We agree, and conclude that the provisions of Sec. 3205(1)(a) control [Matter of Franz, 55 A.D.2d 424, 427-429, 390 N.Y.S.2d 940, supra; cf. Matter of Young v. Board of Educ., 35 N.Y.2d 31, 34, 358 N.Y.S.2d 709, 315 N.E.2d 768; Matter of "Winters", 208 Misc. 953, 955, 146 N.Y.S.2d 107 (a 1955 Children's Court case decided when Sec. 3205 read "seven to sixteen"); McKinney's Cons. Laws of N.Y., Bk. 1, Statutes, Secs. 221-223, 391, 392, 398 and 399] ... [143 Misc.2d 865] Finally, the fact that the respondent, after this ... ...
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Morgan v. Board of Ed., Trico Community Unit School Dist. No. 176
... ... And in the later case of Silverberg v. Board of Education, 60 Misc.2d 701, 303 N.Y.S.2d 816 (1969) testing was supported as a basis for placement ... However, a contrary opinion was expressed in the case of In re Winters, 208 Misc. 953, 146 N.Y.S.2d 107 (1955) wherein the parents tried to enroll their 7 year old in the first grade in 1955--56. The child attended all but a small part of kindergarten in the 1953--54 school year and did not attend school in 1954--55. She was denied admittance to the first grade ... ...