Buffalo City School District
Step 5 of 10
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53

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State Law

New York is a
"Shall" state

Learn more about state laws.

Location Map BUFFALO, NY 14202 Erie County
Lifewise Local Program Website Link (opens in a new tab)
District Poverty Rate 33.8% (data source)
Non-White Students 83.0% (data source)
NCES Link NCES District Info
Last Updated March 4, 2026
New York State Law

Schools are required to allow students to be released for religious programs. This does not mean schools do not have the ability to create policies that protect the school's instruction time.
Read more about "May" and "Shall" state laws

Full Law Text Link to State Law

SECTION 3210
Amount and character of required attendance
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 65, PART 1

b. (i) Absence for religious observance and education shall be permitted under rules that the commissioner shall establish.

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 8. EDUCATION DEPARTMENT
CHAPTER II. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER E. ELEMENTARY AND SECONDARY EDUCATION
PART 109. HOLIDAY AND RELIGIOUS OBSERVANCE
8 CRR-NY 109.2

109.2 Absence from school for religious observance and education.

(a) Absence of a pupil from school during school hours for religious observance and education to be had outside the school building and grounds will be excused upon the request in writing signed by the parent or guardian of the pupil.

(b) The courses in religious observance and education must be maintained and operated by or under the control of duly constituted religious bodies.

(c) Pupils must be registered for the courses and a copy of the registration filed with the local public school authorities.

(d) Reports of attendance of pupils upon such courses shall be filed with the principal at the end of each semester.

(e) Such absence for a released time program, grades K-12, shall be for not more than one hour each week at the close of either the morning or afternoon session, or both, at a time to be fixed by the local school authorities; provided that the time designated for each separate unit, the primary grades (K-3), intermediate grades (4-6), junior high school grades (7-9), and senior high school grades (10-12), shall be the same for all pupils in that unit in each separate school. Notwithstanding the foregoing, a board of education, in its discretion, may permit pupils in the various units which are departmentalized to be released for not more than one hour a week in groups that may include less than whole units at such times and upon such conditions as such board of education may deem proper; in no event may any pupil be released for more than one hour a week. In the event that more than one school for religious observance and education is maintained in any district, the hours for absence in each particular public elementary or secondary school unit in such district shall be the same for all such religious schools.

(f) A board of education may establish an optional program for high school students in grades 9-12 to permit a student with written approval of parent or guardian to enroll in a course in religion in a registered nonpublic high school. Enrollment in a course of this nature shall be subject to the prior approval by the public high school principal with respect to course schedule, pupil attendance and reporting of pupil achievement. Absence to attend such a course may be excused for the number of periods per week that the course is scheduled in the nonpublic school, provided that the excused absences are at the beginning or close of a public school session and are mutually agreed upon by the school officials.

What Can My School District Do?

All school districts, regardless of whether they are required by law to allow released time, should implement good policy and be prepared for when a released time program may approach the district. The time to set the policy is before an active program is pressuring the district. Research polices the district can implement to protect teachers' and students' instruction time. Set polices that limit disruptions to students and the ability for proselytization to occur, impacting other students of faith or no faith. A more detailed write-up on school board policies can be read here.

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Schools in the District (61)
School Step Description Grades Period Signatures
ACADEMY SCHOOLStep 5 Draft a Plan 53
Bennett Park Montessori SchoolStep 5 Draft a Plan 53
Bilingual CenterStep 5 Draft a Plan 53
Buffalo Academy For The Visual & Performing ArtsStep 5 Draft a Plan 53
Buffalo Elementary School Of TechnologyStep 5 Draft a Plan 53
BUFFALO SCHOOL OF CULINARY ARTS AND HOSPITALITY MANAGEMENTStep 5 Draft a Plan 53
Build Community SchoolStep 5 Draft a Plan 53
BURGARD HIGH SCHOOLStep 5 Draft a Plan 53
City Honors SchoolStep 5 Draft a Plan 53
Community School #53Step 5 Draft a Plan 53
D'youville-Porter CampusStep 5 Draft a Plan 53
Discovery SchoolStep 5 Draft a Plan 53
Dr A Pantoja Comm Sch Excllnce -#18Step 5 Draft a Plan 53
Dr George Blackman EccStep 5 Draft a Plan 53
Dr Lydia T Wright Sch Of ExcellenceStep 5 Draft a Plan 53
East Community SchoolStep 5 Draft a Plan 53
Emerson School Of HospitalityStep 5 Draft a Plan 53
Frank A Sedita School #30Step 5 Draft a Plan 53
Frederick Olmsted #156Step 5 Draft a Plan 53
Harriet Ross Tubman AcademyStep 5 Draft a Plan 53
Harvey Austin School #97Step 5 Draft a Plan 53
Herman Badillo Bilingual AcademyStep 5 Draft a Plan 53
Highgate HeightsStep 5 Draft a Plan 53
International Preparatory School (The)Step 5 Draft a Plan 53
International SchoolStep 5 Draft a Plan 53
Lafayette International SchoolStep 5 Draft a Plan 53
Leonardo Da Vinci High SchoolStep 5 Draft a Plan 53
Lewis J Bennett High School Of Innovative TechnolgyStep 5 Draft a Plan 53
Lorraine Elementary SchoolStep 5 Draft a Plan 53
Lovejoy Discovery School #43Step 5 Draft a Plan 53
Martin Luther King Jr #48Step 5 Draft a Plan 53
Marva J Daniel Futures Preparatory SchoolStep 5 Draft a Plan 53
Math Science Technology Preparatory School At 197Step 5 Draft a Plan 53
Middle Early College High SchoolStep 5 Draft a Plan 53
Native American MagnetStep 5 Draft a Plan 53
North Park Community School #50Step 5 Draft a Plan 53
PATHWAYS ACADEMYStep 5 Draft a Plan 53
Pfc William J Grabiarz #79Step 5 Draft a Plan 53
Ps 17Step 5 Draft a Plan 53
Ps 27 Hillery Park AcademyStep 5 Draft a Plan 53
PS 42 OCCUPATIONAL TRAINING CENTERStep 5 Draft a Plan 53
Ps 59 Dr Charles Drew Science MagnetStep 5 Draft a Plan 53
Ps 61 Arthur O Eve School Of DistinctionStep 5 Draft a Plan 53
Ps 64 Frederick Law OlmstedStep 5 Draft a Plan 53
Ps 65 Roosevelt EccStep 5 Draft a Plan 53
Ps 69 Houghton AcademyStep 5 Draft a Plan 53
Ps 74 Hamlin Park - Claude And Ouida Clapp AcademyStep 5 Draft a Plan 53
Ps 81Step 5 Draft a Plan 53
Ps 82Step 5 Draft a Plan 53
PS 84Step 5 Draft a Plan 53
Research Laboratory Hs-BioinformaticStep 5 Draft a Plan 53
Riverside Academy High SchoolStep 5 Draft a Plan 53
South Park High SchoolStep 5 Draft a Plan 53
Southside Elementary SchoolStep 5 Draft a Plan 53
Waterfront Elementary SchoolStep 5 Draft a Plan 53
West Hertel Elementary SchoolStep 5 Draft a Plan 53
ERIE COUNTY DETENTION FACILITYStep 0 No Progress 0
ERIE COUNTY HOLDING CENTERStep 0 No Progress 0
Hutchinson Central Technical High SchoolStep 0 No Progress 0
MCKINLEY VOCATIONAL HIGH SCHOOLStep 0 No Progress 0
Stanley Makowski Early Childhood CenterStep 0 No Progress 0
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Launch Steps History
Step
Description
Signatures
Date
Step 5
Draft a Plan
53
February 28, 2026
Step 4
Form a Steering Committee
52
February 25, 2026
Step 2
Join a Kickoff Meeting
52
February 23, 2026
Step 1
Collect 50 Signatures
42
February 20, 2026
Step 1
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21
February 16, 2026
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18
January 28, 2026
Step 1
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17
January 25, 2026
Step 1
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16
January 20, 2026
Step 1
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15
January 9, 2026
Step 1
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13
December 13, 2025
Step 1
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11
November 22, 2025
Step 1
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10
November 10, 2025
Step 1
Collect 50 Signatures
9
October 27, 2025
Step 1
Collect 50 Signatures
8
October 24, 2025
Step 1
Collect 50 Signatures
7
September 26, 2025
Step 1
Collect 50 Signatures
5
September 21, 2025
Step 1
Collect 50 Signatures
4
July 23, 2025
Step 1
Collect 50 Signatures
3
September 27, 2024
Step 1
Collect 50 Signatures
1
August 30, 2024
Step 0
No Progress
0
March 17, 2024
 
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