He is in the new movie. I'm pretty sure Peter Parker was 16 in the original comic when he got his powers
and quickly grew into college age. I think he's mid to late 20's in the comic now. Aunt May is way too young in the movie as well.
Tobey Maguire is the best Spider-Man anyway and he's in his 40's now. If you go by his actor's age, Tom Holland is 23. He's still way too young but legal.