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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 08, 2014 |
referred to children and families |
| Jan 09, 2013 |
referred to children and families |
Senate Bill S1680
2013-2014 Legislative Session
Relates to school placement for homeless children
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S1680 (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Law Section:
- Social Services Law
- Laws Affected:
- Add §373-b, amd §358-a, Soc Serv L; amd §§3209 & 4410-a, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S6185
2011-2012: S368
2013-S1680 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1680
TITLE OF BILL: An act to amend the social services law and the
education law, in relation to educational stability for children who
are homeless and in out-of-home care
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to provide school stability for students in
out-of-home care and to create a process that will bring New York
state into compliance with the federal Fostering connections to
Success Act. The bill also clarifies the rights afforded to homeless
children in choosing the school and school district they will attend,
by more closely aligning the language of Education Law § 3209 with
Subtitle B of Title VII of the federal McKinney-Vento Homeless
Education Assistance Act, 42 D.S.C. §§ 11431 et seq.
("McKinney-Vento").
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would create a new § 373-b of the social Services Law
pertaining to educational stability for children in out of home care.
It contains a statement of legislative intent and definitions of the
terms that are used throughout the legislation. The defined terms
include "school of origin," "school district of origin," "designated
school," "school district of current location," "child in out-of-home
care" and "child awaiting foster care placement."
Section 373-b(c) establishes a procedure that must be followed when a child is removed from home and placed in out-of-home care. The protocol provides that a child shall remain in his or her school of origin unless the local social services district, the birth or adoptive parent and the child (through his or her attorney) consent to change the school placement, or the Court makes a determination that it would be in the best interests of the child to change schools. Recognizing that safety may be an issue in certain cases, the proposed legislation would allow for removal of a child from his school of origin prior to a best interests determination if continuing at the school would create an imminent risk to the child's life or health. Section 373-b(d) establishes procedures and a timeline for completing a "designation form" that must be sent to the school district of origin and, if applicable, the new school district where enrollment is sought. Section 373-b(e) ensures that, if it is in the best interests of a child to change schools, the new school district shall arrange for immediate and appropriate enrollment and records transfer. Section 373-b(f) addresses situations involving subsequent school changes after a child has entered out-of-home care for the first time. Subsequent school changes that are related to a change in out-of-home placement require consensus between the local social services district, the parent and the child (through his or her attorney. For school transfers that occur for reasons other than a change in out-of-home placement (e.g., matriculation, safety transfer, etc.), the local social services district must provide the other parties to the Family Court proceeding with notice and an opportunity to object to the pending change by making an application to the Family Court. Section 373-b(g) provides a mechanism for dispute resolution. Disputes between parties to the Family Court case can be brought before the Court for a best interests determination. Disputes between the school district and any party to the Family Court proceeding must be brought through the state complaint procedure outlined in Education Law 3209(7)(a). Section 373-b(h) sets forth the standards that parties and the Court must follow when making a best interests determination about a child's school placement. Factors that may be considered include: the safety of the child; the distance between the out-of-home care placement and the school of origin; the child's participation in specialized supports and services at the school of origin, and the preferences of the parent and the child. The cost of transporting the child to and from the school of origin shall not be a factor in making the determination. Section 373-b(i) establishes that when a child is finally discharged from out-of-home care, the child shall be entitled to continue attending the designated school through the remainder of the school year and for one additional year if that year constitutes the terminal year in the school building. Section 373-b(j) sets forth procedures regarding transportation of children in out-of-home care. Initially, when a child is removed from home, the local social services district shall be responsible for providing emergency transportation until other transportation arrangements can be made. If a child falls within the definition of "awaiting foster care placement" and has opted to return to his or her school of origin, the school district in which the school of origin is located shall arrange and pay for transportation until the end of the first school year in which the child is residing in out-of-home care. If the child does not fall within the definition of "awaiting foster care placement" and has chosen to return to his or her school of origin, the local social services district shall bear responsibility for arranging and paying for transportation. If the child has opted to attend the school district of current location, the child is eligible for transportation on the same basis as a resident student. Section 373-b(k) confirms that a designated school district that is different from the school district of origin is entitled to reimbursement for instructional services pursuant to Education Law §3209(3). Section 2 would amend the social Services Law to give the Family Court the right to issue an order pertaining to school stability in cases brought pursuant to Social Services Law § 384-a. Sections 3 and 4 would create new provisions in Articles 7 and 10 of the Family Court Act to give the Family Court the authority to issue an order pertaining to school stability in cases where the child has been placed in the protective custody, care and custody or custody and guardianship of the commissioner of social services pursuant to section 358-a, 384 or 384-a of the Social Services Law, or Article 7, 10 or 10-a of the Family Court Act, or when the child has been directly placed pursuant to Article 10 or 10-a of the Family Court Act. Section 5 would amend § 1089 of the Family Court Act to require that information about school stability be included in permanency hearing reports. Section 6 would clarify that a judge has authority to issue an order pertaining to school stability at the conclusion of each permanency hearing under Article 10-a of the Family Court Act. Section 7 would change the title of Education Law § 3209 to reflect that it now covers children in out-of-home care in addition to homeless students. Section 8 would amend subdivision 1 of § 3209 of the Education Law to add several definitions, including definitions of "child awaiting foster care placement" and "child in out-of-home care" that are consistent with the definitions included section 1 of this act, and a definition of "school of origin" that is consistent with the McKinney-Vento Act. This section would modify the definition of "designator" to include the local social services district for a child who is in out-of-home care and would be amended to include an unaccompanied youth, who has a right to make such designation under McKinney-Vento. It would modify the definitions of "school district of origin" and "school district of current location" to include references to children in out-of-home care and delete the existing language providing that the school district of origin must be different from the school district of location, so that it is clear that a child who is homeless or in out-of-home care has the same rights regardless of whether the school district of origin is the same as or different from the school district of current location. In addition, the definition of "school district of origin" would be amended to refer to the school of origin, rather than the school where previously enrolled, and would clarify that the child who is homeless may choose to remain in the school of origin for the duration of homelessness, except where continuing the child's education in the school of origin is determined not to be in the child's best interest. The section would also clarify that the process for making a best interests determination for a homeless student is distinct from the process that must be used for a child in out-of-home care. A new paragraph would be added defining "school of origin" as the public school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled consistent with federal law, and another new paragraph would define "temporary housing arrangement or location" that includes the location of any out-of-home care placement. The Section would also clarify that the terms "homeless child" and "child in out-of-home care" include preschool children with disabilities and children eligible to receive universal prekindergarten services. Section 9 would amend paragraph a of subdivision 2 of § 3209 of the Education Law to include references to children in out-of-home care in addition to homeless students, and would clarify that the designator has the right to designate the school of origin or the school serving the attendance zone in which the temporary housing arrangement is located - in addition to the school district of current location, school district of origin, or school district participating in a regional placement plan - as the school which the homeless child shall attend upon instruction. Section 9 would also amend paragraphs band c to clarify that a child who is homeless or in out-of-home care may choose to remain in the designated school and school district for the duration of homelessness, consistent with federal law. Section 9 would amend paragraph b to clarify that, where a homeless student becomes permanently housed during a school year, such child may remain in the same school until the end of the school year consistent with federal law and for one additional year if that year constitutes the child's terminal year in the building. Section 9 would also amend paragraph b to provide that, where the public school or district a homeless student was attending when he or she became homeless is located outside New York State, such student shall, to the extent required by McKinney-Vento, have the right to designate a public school located in a contiguous state as his or her school of origin. In addition, the school district of current location would be required arrange for the child's transportation to the school of origin in accordance with the provisions of McKinney-Vento. Section 9 would amend paragraph c to clarify that students who have designated the school district of current location as the district of attendance and have relocated to another temporary housing arrangement outside of such district would be entitled to maintain the prior designation to enable them to remain in the school of origin for the duration of homelessness or out-of-home care, except where it is not in the child's best interest. Section 9 would amend paragraph d to add several items for inclusion on the designation form, in particular, the name of a representative of the social services district for a child in out-of-home care and whether transportation is being requested. It would add that local social service districts must make the designation form available for use. Section 9 would amend paragraph e to clarify that a school district must immediately admit a homeless child, treat such child as a resident for all purposes and, where applicable, make a written request for the student's records when a designator selects a school or school district as the child's school or school district of attendance or the student is identified as a homeless child by the district's local educational agency liaison, whether or not the school district has received a completed designation form. Thus, if a child is identified as a homeless child through child find activities, or the parent or other designator selects the school or district of attendance, the right to attend school attaches immediately, not when a completed designation form is received. The language also clarifies that, where applicable, the school district must assist the homeless child or their parents in completing the designation form and a timeline for doing so. Section 9 would add a paragraph h of subdivision 2 to clarify that, if a charter school is a homeless student's school of origin, the designated district would be deemed the school district of residence for purposes of fiscal and programmatic responsibility for such child. Further, paragraph h would provide that if a child who is homeless or in out-of-home care becomes permanently housed by being placed in certain residential settings, the school district of origin would be deemed the school district of residence for purposes of fiscal and programmatic responsibility for such child. Finally, section 9 would also add new paragraphs i and j to subdivision 2 to clarify the obligations of each designated school district of attendance under McKinney-Vento, including ensuring equal access to the same public prekindergarten, secondary education, support services and before and after school care programs as are provided to other children residing in the school district. New paragraph i would also include measures districts would take to ensure that children who are homeless or in out-of-home care have access to prekindergarten services. New paragraph j would provide that each designated school district of attendance or charter school must ensure that students who are homeless or in out-of-home care, at a minimum be provided services comparable to those offered to other students in the public school they attend, including transportation, summer school, educational services under Title I or similar state or local programs, educational programs for limited English proficient students and students with disabilities, vocational and technical education programs, gifted and talented programs and school nutrition programs. Section 10 would amend subdivision 3 of § 3209 of the Education Law to include references to children in out-of-home care in addition to homeless students. It also clarifies, in light of the change in the definitions of the "school district of origin" and "school district of current location" made in section 8 of this act, that the school district providing instruction to a homeless student shall be eligible for reimbursement from the State Education Department for the direct cost of educational services only when the homeless student's school district of origin is different from the school district of current location. Where the district of origin and the district of current location of a homeless child are the same, such district would be entitled to claim State aid for such homeless child as a resident student, as under current law. Section 11 would amend paragraphs c, d, and e of subdivision 4 of 3209 of the Education Law to clarify that students who are homeless are entitled to transportation to the school of origin, and that students not attending a school of origin are entitled to transportation in the same manner as it is provided to permanently housed students, consistent with federal law. Section 11 would add a new paragraph e to require that local departments of social services provide transportation to students who are in out-of-home care but not awaiting foster care placement consistent with section I of this act. Section 11 would add a new paragraph f to subdivision 4 to provide that students who are homeless or in out-of-home care are entitled to transportation for the remainder of the school year after they move into permanent housing or are finally discharged from out-of-home care. Section 11 also would add a new paragraph g to subdivision 4 to provide that students who are homeless or in out-of-home care are entitled to transportation to certain summer educational programs located outside of the school district where the student is temporarily housed. A new paragraph h to subdivision 4 would state that the local social services district provide emergency transportation to students in out-of-home care. Section 12 would outline the process for dispute resolution and is consistent with the provisions of the McKinney-Vento Act and section 1 of this act. Section 13 would adjust the numbering of subsequent paragraphs. Section 14 would amend subdivision 1 of § 4410-a of the Education Law by replacing the definition of "foster care child" with a definition of "child in out-of-home care" that is consistent with the new definition contained in sections 1 and 8 of this act. It would also clarify that the term "municipality of residence" means the municipality in which a child or the child's family lived at the time the circumstances arose which caused the child to become homeless or enter out-of-home care. Section 15 would amend subdivision 2 of § 44.10-a to clarify which district is responsible for evaluating and serving a preschool child with a disability who, is homeless or in out-of-home care. Specifically, the district that has been designated pursuant to section 3209(2) (a) of the Education Law would be responsible for both evaluation and placement. Section 16 would amend subdivision 3 of § 4410-a of the Education Law to clarify the definition of "municipality of record" consistent with current law. Section 17 would amend subdivision 4 of § 4410-a of the Education Law to replace "foster care or homeless child" with "a child who is homeless or in out-of-home care," consistent with the language of this act. Section 18 of the bill provides the effective date. JUSTIFICATION: Children in out-of-home care are subject to high rates of school mobility. Each time they enter or exit foster care or change foster homes while in care, they are often forced to change schools, and multiple moves are common. A Chapin Hall study involving almost 16,000 foster children in the Chicago public schools showed that over two-thirds switched schools shortly after their initial placement in foster care. (1) A study of 479 foster care alumni in Oregon and Washington state found that 65% experienced seven or more school changes from elementary through high school.(2) The detrimental effects of frequent school mobility are well documented. Each unplanned move costs a child between four and six months of academic progress,(3) and these costs multiply with each additional move. Studies show that students with four or more moves are a full year behind. (4) As a result, these students are more likely to repeat a grade. According to a study in Washington state, children with high rates of school mobility are more than twice as likely to repeat a grade. (5) In New York city, a disheartening 45% of foster children reported being retained in the same grade at least once. (6) High rates of school mobility and grade retention significantly increase the likelihood of dropping out. Grade retention is one of the most powerful predictors of drop out, (7) and being held over even once before eighth grade makes a student four times more likely to drop out. (8) A 1999 study found that California high school students who changed schools even once were less than half as likely to graduate as those who did not change schools. (9) A Chapin Hall study found that children in out-of-home care in Chicago were less than half as likely as their peers to have graduated from high school within five years. (10) Young people who do not graduate from high school have far lower lifetime earnings than those with high school diplomas, which results in hundreds of thousands of dollars of lost tax revenue per person. In addition, young people without a high school diploma are much more likely to rely on government health care and use public services like food stamps or housing assistance. (11) In addition to impeding a child's academic progress, multiple school changes have a negative effect on a child's social-emotional well-being. Children often rely on their school community to provide a strong support network of teachers and friends. Forcing a child to change schools after being removed from his or her home and separated from his or her family compounds the trauma, as it eliminates what may be the only source of support and stability in the child's life. The lack of educational stability for youth in foster care creates other costs to schools. High rates of school mobility impacts classrooms and schools negatively, slowing the pace of teacher instruction and increasing school administrative costs. (12) In a Chicago study, overall instruction in schools with high levels of school mobility was approximately one year behind instruction in other schools. (13) In October 2008, Congress passed the Fostering Connections to Success Act, which includes provisions that promote educational stability for children in foster care. The act requires child welfare agencies to coordinate with school districts to ensure that a child "remains in the school in which the child is enrolled at the time of placement" unless it is not the child's best interests to do so. The act also makes federal child welfare funds available to defray the cost of transportation for these students. The legislation proposed herein creates a framework for implementing the school stability provisions in the Fostering connections to Success Act. It provides children in out-of-home care with the right to remain in their school of origin until the end of the school year in which they are finally discharged from out-of-home care, and the right to receive transportation back to the school of origin. Alternately, children in out-of-home care may enroll in the school district where they are temporarily residing if it is in their best interests to change schools. If children in out-of-home care must enroll in a new school, the legislation entitles them to immediate enrollment, even if they lack the documents normally required to enroll in school. The legislation provides that a child who enters out-of-home care will continue attending his or her school of origin unless the social services district, the parent, and the child (through his or her attorney) agree otherwise, or a court issues an order stating that it is in the best interests of the child to change schools. The legislation establishes a procedure for resolving disputes between parties to the family court proceeding, as well as disputes between the parties and the school district. The legislation splits fiscal responsibility for transportation costs between the local school district and social services district, depending on the amount of time the child has been in out-of-home care. From the time the child enters out-of-home care until the end of the first school year, the child will fall within the definition of "awaiting foster care placement" and will be eligible for transportation through the school district pursuant to the federal McKinney-Vento Homeless Assistance Act. At the end of the school year in which a child first enters out-of-home care, the social services district will assume responsibility for transporting the child to his or her school of origin. The social services district may contract with the school district or other entities to provide transportation. Several sections of this bill concern all homeless students, not just those in out-of-home care. These provisions are needed to align state law with the federal McKinney-Vento Act and clarify the rights of children who are homeless. Additionally, this bill extends the right to transportation through the remainder of the school year for homeless students who have moved into permanent housing. without such transportation, very few students can take advantage of the existing right to continued enrollment through the remainder of the school year. Currently, students are forced to change schools when their families find permanent housing because the family cannot afford to transport the student on their own. This disruption in the student's education, often late in the school year, may result in the loss of credits because the new school district will not accept coursework from the previous district, or academic failure because the student is ill-prepared to take exams on unfamiliar coursework. Other students in the classroom also suffer, in the ways outlined above. Finally, the bill clarifies that the protections of the McKinney-Vento Act apply to children receiving pre-kindergarten and Committee on Preschool special Education services. Studies show that at-risk children who participate in high quality preschool programs are dramatically less likely to be retained a grade, be placed in special education, drop out of high school, commit a violent crime, or depend on public benefits. (14) In fact, investing in quality preschool programs for at-risk children is a primary strategy for reducing poverty and results in significant government savings from reduced expenditures on special education, grade retention, public assistance, and other benefits. (15) Usually, when children who were enrolled in prekindergarten become homeless or enter out-of-home care, they lose their classroom seat because their family has no way of transporting them to school. Compounding the problem, the school district where the child is temporarily living rarely has an available pre-kindergarten seat, and the child is forced to go without services. This bill directs school districts to either continue enrollment in the school of origin or help parents enroll their children in pre-kindergarten in the local school district by waiving enrollment deadlines, seeking classroom size waivers, which are currently allowed, and referring students to pre-kindergarten programs outside of the attendance zone where the family is temporarily residing. Similarly, current law requires children receiving Committee on Preschool special education services to transfer to the local school district. This often means that children with disabilities who have lost their housing or been placed in out-of-home care are now are faced with delays in services, as the family is required to enroll in the new school district. By the time the new school district writes a new Individualized Education Program and refers the child to the county social services district for implementation, the seat in the original program has been given to another child, and the homeless child goes without services until a new program can be found. It is not unusual for children to go without services for months or even longer while waiting for a seat to open up. This bill will correct these problems by allowing disabled children who are homeless or in out-of-home.care to continue enrollment in the same school district so that the county social services district need only re-route the transportation for such children to continue receiving services. PRIOR LEGISLATIVE HISTORY: First introduced in 2010. 2011-2012: S.368 - Died in Committee FISCAL IMPLICATIONS: Not known. EFFECTIVE DATE: Immediately with provisions. FOOTNOTES: (1) Smithgall et al., Educational experiences of children in out-of-home-care 46, Chicago, IL: Chapin Hall Center for Children at the University of Chicago (2004). (2) Pecora, et al., Assessing the effects of foster care: Early results from the Casey Family National Alumni Study 26, 28, Seattle, W A: Casey Family Programs (2003). (3) Casey Family Programs, White Paper, Educating Children in Foster Care: The McKinney-Vento and No Child Left Behind Acts 11 (2007). (4) Permanent Judicial Commission on Justice for Children, "The McKinney-Vento-Like Project"2 Albany, New York (2007). (5) Burley & Halpern, Educational attainment of foster youth: Achievement and graduation outcomes for children in state care 13, Olympia, WA: Washington State Institute for Public Policy (2001). (6) Advocates for Children of New York, Inc., Educational neglect: The delivery of educational services to children in New York City's foster care system 45, New York, NY (2000). (7) New York City Coalition for Educational Justice, Reform Not Retention: A Summary of the Research of School Retention Policies 4-6 (2008). (8) Rumberger, R.W, Dropping out of middle school: A multilevel analysis of students and schools. American Educational Research Journal 32(3), 583-625 (1995). (9) Rumberger, et al., The educational consequences of mobility for California students and schools 37, Berkeley, CA: Policy Analysis for California Education, University of California at Berkeley (1999). (10) Smithgall et al., supra note 1, at 28. (11) Cutler Consulting, Cost Avoidance: Bolstering the Economic Case for Investing in Youth Aging Out of Foster Care 5-9 (2009). (12) Rumberger et al., supra note 9. David Kerbow et al., Student Mobility and Local School Improvement in Chicago, The Journal of Negro Education (Winter 2003). (13) David Kerbow et al., Student Mobility and Local School Improvement in Chicago, The Journal of Negro Education (Winter 2003). (14) Schweinhart, L.J. et al, Lifetime effects: The High/Scope Perry Preschool study through age 40, Ypsilanti, 001: High/Scope Press (2005); Reynolds, A. J. et al, Long-term effects of an early childhood intervention on educational achievement and juvenile arrest, Journal of the American Medical Association, 285(12),2339-2380 (2001). (15) New York City Commission for Economic Opportunity, Increasing Opportunity and Reducing Poverty in NYC 43, New York, NY (2006), available at http://www.nyc.gov/html/om/pdf/ceo report2006.pdf.
2013-S1680 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1680
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and
when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law and the education law, in
relation to educational stability for children who are homeless and in
out-of-home care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
373-b to read as follows:
S 373-B. SCHOOL PLACEMENT. 1. THE LEGISLATURE RECOGNIZES THAT THE
EDUCATIONAL OUTCOMES OF ALL CHILDREN ARE CRITICAL TO BECOMING PRODUCTIVE
CITIZENS. IN TODAY'S ECONOMY, EDUCATIONAL ATTAINMENT IS DIRECTLY LINKED
TO EMPLOYMENT OPPORTUNITIES AND WAGES EARNED. REGARDLESS OF FAMILY OR
FOSTER CARE STATUS, UNPLANNED SCHOOL MOBILITY IS CONSIDERED TO HAVE
UNFAVORABLE CONSEQUENCES FOR ACADEMIC SUCCESS, SELF ESTEEM AND CLASSROOM
BEHAVIOR. THE LEGISLATURE FINDS THAT ESTABLISHING A PROCEDURE TO MINI-
MIZE DISRUPTIONS IN EDUCATION FOR CHILDREN IN OUT-OF-HOME CARE CAN LEAD
TO BETTER LIFELONG OUTCOMES FOR CHILDREN.
2. DEFINITIONS. (A) "SCHOOL OF ORIGIN" SHALL MEAN:
(I) THE PUBLIC SCHOOL THAT THE CHILD ATTENDED OR WAS ENTITLED TO
ATTEND WHEN PLACED IN OUT-OF-HOME CARE; OR
(II) THE SCHOOL IN WHICH THE CHILD WAS LAST ENROLLED.
(B) "SCHOOL DISTRICT OF ORIGIN" SHALL MEAN THE SCHOOL DISTRICT WITHIN
THE STATE OF NEW YORK IN WHICH THE CHILD WAS ATTENDING A PUBLIC SCHOOL
ON A TUITION-FREE BASIS OR WAS ENTITLED TO ATTEND WHEN THE CHILD WAS
PLACED IN OUT-OF-HOME CARE.
(C) "DESIGNATED SCHOOL" SHALL MEAN THE SCHOOL THAT:
(I) THE LOCAL SOCIAL SERVICES DISTRICT, THE PARENT OF THE CHILD, AND
THE ATTORNEY FOR THE CHILD HAVE AGREED IS IN THE BEST INTERESTS OF THE
CHILD TO ATTEND; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05496-01-3 S. 1680 2 (II) THE COURT HAS DETERMINED TO BE IN THE BEST INTERESTS OF THE CHILD TO ATTEND. (D) "SCHOOL DISTRICT OF CURRENT LOCATION" SHALL MEAN THE PUBLIC SCHOOL DISTRICT WITHIN THE STATE OF NEW YORK WHERE THE CHILD IS RESIDING IN OUT-OF-HOME CARE. WHENEVER THE SCHOOL DISTRICT OF CURRENT LOCATION IS DESIGNATED PURSUANT TO SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED NINE OF THE EDUCATION LAW, THE CHILD SHALL BE ENTITLED TO ATTEND ANY SCHOOL THAT OTHER STUDENTS WHO LIVE IN THE SAME ATTENDANCE ZONE AS THE CHILD IN OUT-OF-HOME CARE ARE ENTITLED TO ATTEND. (E) "CHILD IN OUT-OF-HOME CARE", FOR PURPOSES OF AN EDUCATION STABILI- TY DETERMINATION, SHALL MEAN A CHILD WHO IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO OF THE EDUCATION LAW, A CHILD ELIGIBLE FOR UNIVERSAL PRE-KINDERGARTEN, OR A CHILD ELIGIBLE FOR COMMIT- TEE ON PRESCHOOL SPECIAL EDUCATION SERVICES WHO: (I) IS IN THE PROTECTIVE CUSTODY, CARE AND CUSTODY, OR CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A, THREE HUNDRED EIGHTY-FOUR, OR THREE HUNDRED EIGHTY-FOUR-A OF THIS CHAPTER, OR PURSUANT TO ARTICLE SEVEN, TEN OR TEN-A OF THE FAMILY COURT ACT; OR (II) HAS BEEN DIRECTLY PLACED WITH A RELATIVE PURSUANT TO ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT; AND (III) IS NOT A CHILD IN OUT-OF-HOME CARE WHO IS IN NON-SECURE OR SECURE DETENTION FACILITIES. (F) "CHILD AWAITING FOSTER CARE PLACEMENT" SHALL MEAN A CHILD IN OUT- OF-HOME CARE THROUGH THE END OF THE SCHOOL YEAR IN WHICH THE CHILD ENTERED OUT-OF-HOME CARE. 3. UPON REMOVAL OF A CHILD FROM HOME AND PLACEMENT IN OUT-OF-HOME CARE BUT PRIOR TO A DETERMINATION OF THE BEST INTERESTS OF THE CHILD REGARD- ING SCHOOL PLACEMENT, THE CHILD SHALL REMAIN IN HIS OR HER SCHOOL OF ORIGIN UNLESS CONTINUING AT THE SCHOOL OF ORIGIN WOULD CREATE AN IMMI- NENT RISK TO THE LIFE OR HEALTH OF THE CHILD. THE CHILD SHALL REMAIN IN HIS OR HER SCHOOL OF ORIGIN UNLESS THE LOCAL SOCIAL SERVICES DISTRICT, THE BIRTH OR ADOPTIVE PARENT OF THE CHILD, AND THE ATTORNEY FOR THE CHILD, AFTER CONSULTATION WITH THE CHILD, CONSENT TO A CHANGE IN SCHOOL PLACEMENT, OR THE COURT MAKES A DETERMINATION THAT IT WOULD BE IN THE BEST INTERESTS OF THE CHILD TO CHANGE SCHOOLS. 4. WITHIN ONE BUSINESS DAY OF REMOVING A CHILD FROM HOME, MOVING THE CHILD TO A NEW OUT-OF-HOME CARE PLACEMENT, OBTAINING CONSENT FROM THE PARENT OF THE CHILD AND ATTORNEY FOR THE CHILD TO CHANGE THE CURRENT SCHOOL PLACEMENT OF A CHILD, OR RECEIPT OF A COURT ORDER REGARDING THE SCHOOL PLACEMENT OF A CHILD, THE LOCAL SOCIAL SERVICES DISTRICT SHALL COMPLETE A DESIGNATION FORM ON BEHALF OF THE CHILD AND FAX OR EMAIL IT TO THE SCHOOL DISTRICT IN WHICH THE CHILD IS ENROLLED AND, IF APPLICA- BLE, THE NEWLY DESIGNATED DISTRICT WHERE ENROLLMENT IS SOUGHT. SUCH FORM SHALL BE COMPLETED IN ACCORDANCE WITH PARAGRAPH D OF SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED NINE OF THE EDUCATION LAW. 5. (A) IF THE COURT DECIDES OR THE PARTIES AGREE THAT IT IS IN THE BEST INTERESTS OF THE CHILD TO ENROLL IN THE SCHOOL DISTRICT OF CURRENT LOCATION, SUCH DISTRICT SHALL IMMEDIATELY, AND NO LATER THAN ONE BUSI- NESS DAY: (I) ADMIT THE CHILD, EVEN IF THE CHILD IS UNABLE TO PRODUCE RECORDS NORMALLY REQUIRED FOR ENROLLMENT, SUCH AS PREVIOUS ACADEMIC RECORDS, MEDICAL RECORDS, PROOF OF RESIDENCY OR OTHER DOCUMENTATION; (II) TREAT THE CHILD AS A RESIDENT FOR ALL PURPOSES; (III) MAKE A WRITTEN REQUEST TO THE SCHOOL DISTRICT WHERE THE CHILD'S RECORDS ARE LOCATED FOR A COPY OF SUCH RECORDS; AND S. 1680 3 (IV) WHERE APPLICABLE, ASSIST THE LOCAL SOCIAL SERVICES DISTRICT IN COMPLETING A DESIGNATION FORM. (B) WITHIN FIVE DAYS OF RECEIPT OF A REQUEST FOR RECORDS PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, THE SCHOOL DISTRICT WHERE THE CHILD WAS LAST ENROLLED SHALL FORWARD, IN A MANNER CONSISTENT WITH STATE AND FEDERAL LAW, A COMPLETE COPY OF THE RECORDS FOR THE CHILD INCLUDING, BUT NOT LIMITED TO, PROOF OF AGE, ACADEMIC RECORDS, EVALUATIONS, AND IMMUNIZATION RECORDS. 6. (A) WITHIN ONE BUSINESS DAY OF EACH SUBSEQUENT CHANGE IN OUT-OF-HOME CARE PLACEMENT, THE LOCAL SOCIAL SERVICES DISTRICT SHALL CONSULT WITH THE BIRTH OR ADOPTIVE PARENT OF THE CHILD AND THE ATTORNEY FOR THE CHILD AND ATTEMPT TO REACH CONSENSUS ON WHETHER THE CHILD SHOULD REMAIN IN THE PREVIOUSLY DESIGNATED SCHOOL OR TRANSFER TO A SCHOOL IN THE DISTRICT OF CURRENT LOCATION. THE CHILD SHALL REMAIN IN THE PREVI- OUSLY DESIGNATED SCHOOL UNLESS THE PARTIES REACH CONSENSUS OTHERWISE. IF THE PARTIES REACH CONSENSUS TO TRANSFER THE CHILD TO A SCHOOL IN THE DISTRICT OF THE CURRENT LOCATION, THE LOCAL SOCIAL SERVICES DISTRICT MUST COMPLETE A REVISED DESIGNATION FORM ON BEHALF OF THE CHILD AND FAX OR EMAIL IT TO THE DISTRICT IN WHICH THE CHILD IS CURRENTLY ENROLLED AND, IF APPLICABLE, THE NEWLY DESIGNATED DISTRICT WHERE ENROLLMENT IS SOUGHT. (B) FOR ANY OTHER SCHOOL TRANSFER THAT OCCURS FOR REASONS OTHER THAN A CHANGE IN OUT-OF-HOME CARE PLACEMENT, THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE NOTICE TO ALL PARTIES NO LESS THAN FIVE BUSINESS DAYS BEFORE ANY SCHOOL TRANSFER TAKES PLACE. ANY PARTY THAT DISPUTES THE CHANGE OF SCHOOL PLACEMENT MAY MAKE AN APPLICATION TO THE FAMILY COURT WITH JURISDICTION OVER THE CHILD FOR DETERMINATION WHETHER THE TRANSFER IS IN THE BEST INTERESTS OF THE CHILD. IF NO PARTY MAKES AN APPLICATION TO THE COURT WITHIN FIVE BUSINESS DAYS, THE PROPOSED TRANSFER MAY TAKE PLACE. 7. (A) IF THERE IS A DISPUTE AMONG ANY OF THE PARTIES TO A PROCEEDING IN FAMILY COURT REGARDING, BUT NOT LIMITED TO, SCHOOL SELECTION, ENROLL- MENT, OR TRANSPORTATION FOR A CHILD IN OUT-OF-HOME CARE, THE AGGRIEVED PARTY MAY MAKE AN APPLICATION TO THE FAMILY COURT. THE FAMILY COURT SHALL SCHEDULE A HEARING WITHIN FIFTEEN DAYS, SHALL MAKE A DETERMINATION ON THE APPLICATION, AND SHALL ISSUE AN APPROPRIATE ORDER TO IMPLEMENT ITS DECISION. THE ORDER SHALL ALSO PROVIDE THAT THE PARTIES MAY MAKE SUBSEQUENT CHANGES TO THE SCHOOL PLACEMENT OF THE CHILD PURSUANT TO SUBDIVISION SIX OF THIS SECTION. (B) PENDING AN APPLICATION TO THE COURT TO RESOLVE A DISPUTE AMONG THE PARTIES TO THE FAMILY COURT PROCEEDING, THE CHILD SHALL REMAIN IN THE SCHOOL THE CHILD IS CURRENTLY ATTENDING AND RECEIVE TRANSPORTATION TO THE SCHOOL UNTIL AN ORDER OF THE COURT FINALLY DETERMINING THE DISPUTE IS MADE. (C) IF THERE IS A DISPUTE AMONG A SCHOOL DISTRICT AND ANY PARTY INVOLVED IN A FAMILY COURT PROCEEDING REGARDING, BUT NOT LIMITED TO, SCHOOL SELECTION, ENROLLMENT, OR TRANSPORTATION FOR A CHILD IN OUT-OF-HOME CARE, THE AGGRIEVED PARTY SHALL FOLLOW THE DISPUTE RESOL- UTION PROCESS OUTLINED IN PARAGRAPH A OF SUBDIVISION SEVEN OF SECTION THIRTY-TWO HUNDRED NINE OF THE EDUCATION LAW. (D) PENDING THE RESOLUTION OF SUCH DISPUTE, THE DESIGNATED SCHOOL DISTRICT SHALL: (I) IMMEDIATELY ENROLL THE CHILD IN THE SCHOOL WHERE ENROLLMENT IS SOUGHT OR CONTINUE ENROLLMENT OF THE CHILD IN THE SCHOOL WHERE ENROLL- MENT IS SOUGHT; S. 1680 4 (II) PROVIDE TRANSPORTATION, IF REQUESTED AND IF THE CHILD IS AWAITING FOSTER CARE PLACEMENT; (III) ASSIST THE PARTIES WITH ANY APPEAL TO THE DEPARTMENT PURSUANT TO THE REGULATIONS OF THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION; AND (IV) CONTINUE ENROLLMENT AND TRANSPORTATION, IF REQUESTED, FOR THE DURATION OF THE DISPUTE RESOLUTION PROCESS. (E) PENDING THE RESOLUTION OF SUCH DISPUTE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE TRANSPORTATION, IF REQUESTED, FOR A CHILD IN OUT-OF-HOME CARE WHO IS NOT AWAITING FOSTER CARE PLACEMENT. 8. (A) WHEN MAKING A DETERMINATION ABOUT THE SCHOOL PLACEMENT OF THE CHILD, IT SHALL BE PRESUMED THAT IT IS IN THE BEST INTERESTS OF THE CHILD TO REMAIN IN HIS OR HER SCHOOL OF ORIGIN UNLESS FACTS ARE PRESENTED TO THE CONTRARY. FACTORS THAT MAY BE CONSIDERED IN MAKING A BEST INTERESTS DETERMINATION INCLUDE: (I) THE SAFETY OF THE CHILD; (II) THE DISTANCE OF THE OUT-OF-HOME CARE PLACEMENT FROM THE SCHOOL OF ORIGIN; (III) THE RECEIPT OF OR PARTICIPATION IN SPECIALIZED SUPPORTS AND SERVICES AT THE SCHOOL OF ORIGIN BY THE CHILD; AND (IV) THE PREFERENCES OF THE CHILD AND THE BIRTH OR ADOPTIVE PARENT OF THE CHILD. (B) THE COST OF TRANSPORTING THE CHILD TO AND FROM HIS OR HER SCHOOL OF ORIGIN SHALL NOT BE A FACTOR IN THE DETERMINATION. 9. AT FINAL DISCHARGE FROM OUT-OF-HOME CARE, THE CHILD SHALL BE ENTI- TLED TO ATTEND THE DESIGNATED SCHOOL WITHOUT PAYMENT OF TUITION: (A) THROUGH THE REMAINDER OF THE SCHOOL YEAR; AND (B) FOR ONE ADDITIONAL YEAR IF THAT YEAR CONSTITUTES THE TERMINAL YEAR IN THE SCHOOL BUILDING FOR THE CHILD. 10. (A) UPON PLACEMENT IN OUT-OF-HOME CARE OR A CHANGE IN OUT-OF-HOME CARE PLACEMENT, THE LOCAL SOCIAL SERVICES DISTRICT SHALL IMMEDIATELY PROVIDE EMERGENCY TRANSPORTATION TO AND FROM THE OUT-OF-HOME CARE PLACE- MENT AND THE DESIGNATED SCHOOL WHERE THE CHILD IS ENTITLED TO TRANSPOR- TATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. EMERGENCY TRANSPORTATION SHALL CONTINUE UNTIL TRANSPORTATION IS PROVIDED PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE SCHOOL DISTRICT OF CURRENT LOCATION IS DESIGNATED FOR A CHILD IN OUT-OF-HOME CARE, THE DESIGNATED SCHOOL DISTRICT SHALL PROVIDE TRANSPORTATION TO SUCH CHILD ON THE SAME BASIS AS A RESIDENT STUDENT. (C) A CHILD AWAITING FOSTER CARE PLACEMENT WHO REQUIRES TRANSPORTATION IN ORDER TO ATTEND THE SCHOOL OF ORIGIN SHALL BE ENTITLED TO RECEIVE SUCH TRANSPORTATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. THE DISTRICT IN WHICH THE SCHOOL OF ORIGIN IS LOCATED SHALL PROVIDE TRANS- PORTATION TO AND FROM THE OUT-OF-HOME CARE PLACEMENT OF THE CHILD AND THE SCHOOL THE CHILD LEGALLY ATTENDS. SUCH TRANSPORTATION SHALL NOT BE IN EXCESS OF FIFTY MILES EACH WAY EXCEPT WHERE THE COMMISSIONER OF EDUCATION CERTIFIES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST INTERESTS OF THE CHILD. ANY COST INCURRED FOR SUCH TRANSPORTA- TION THAT IS ALLOWABLE PURSUANT TO THE APPLICABLE PROVISIONS OF PARTS TWO AND THREE OF ARTICLE SEVENTY-THREE OF THE EDUCATION LAW OR THEREIN, SHALL BE AIDABLE PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW, PROVIDED THAT THE APPROVED TRANSPORTA- TION EXPENSE SHALL NOT EXCEED AN AMOUNT DETERMINED BY THE COMMISSIONER OF THE STATE DEPARTMENT OF EDUCATION TO BE THE TOTAL COST FOR PROVIDING THE MOST COST-EFFECTIVE MODE OF SUCH TRANSPORTATION IN A MANNER CONSIST- ENT WITH THE REGULATIONS OF THE COMMISSIONER OF EDUCATION. S. 1680 5 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY CHILD IN OUT-OF-HOME CARE WHO IS NOT AWAITING FOSTER CARE PLACEMENT AND WHO REQUIRES TRANSPORTATION IN ORDER TO ATTEND THE SCHOOL OF ORIGIN SHALL BE PROVIDED WITH TRANSPORTATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI- SION UNTIL THE END OF THE SCHOOL YEAR IN WHICH HE OR SHE IS DISCHARGED FROM CARE. THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE TRANSPORTA- TION TO AND FROM THE OUT-OF-HOME CARE PLACEMENT AND THE SCHOOL THE CHILD LEGALLY ATTENDS. SUCH TRANSPORTATION SHALL NOT BE IN EXCESS OF FIFTY MILES EACH WAY EXCEPT WHERE THE COURT DETERMINES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST INTERESTS OF THE CHILD. A LOCAL SOCIAL SERVICES DISTRICT SHALL BE AUTHORIZED TO CONTRACT WITH A BOARD OF EDUCATION OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE PROVISION OF SUCH TRANSPORTATION. (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY CHILD WHO REQUIRES TRANSPORTATION TO CONTINUE ATTENDANCE IN THE DESIGNATED SCHOOL THROUGH THE REMAINDER OF THE SCHOOL YEAR IN WHICH THE CHILD IS FINALLY DISCHARGED FROM OUT-OF-HOME CARE PURSUANT TO SUBDIVISION NINE OF THIS SECTION SHALL BE ENTITLED TO TRANSPORTATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. (F) WHERE A CHILD WHO IS IN OUT-OF-HOME CARE ATTENDS A SUMMER EDUCA- TIONAL PROGRAM IN THE DESIGNATED SCHOOL DISTRICT THAT IS NEEDED FOR SUCH CHILD TO ADVANCE TO THE NEXT GRADE OR TO COMPLETE A HIGH SCHOOL DIPLOMA WITH HIS OR HER PEERS OF THE SAME AGE, AND THE OUT-OF-HOME CARE PLACE- MENT IS OUTSIDE OF SUCH DESIGNATED SCHOOL DISTRICT, SUCH CHILD SHALL BE ENTITLED TO TRANSPORTATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. (G) WHERE A CHILD WHO IS IN OUT-OF-HOME CARE ATTENDS A SUMMER EDUCA- TIONAL PROGRAM OUTSIDE OF THE DESIGNATED SCHOOL DISTRICT THAT IS NEEDED FOR SUCH CHILD TO ADVANCE TO THE NEXT GRADE OR TO COMPLETE A HIGH SCHOOL DIPLOMA WITH HIS OR HER PEERS OF THE SAME AGE, AND THE OUT-OF-HOME CARE PLACEMENT IS LOCATED OUTSIDE OF THE SCHOOL DISTRICT WHERE THE SUMMER EDUCATIONAL PROGRAM IS LOCATED, SUCH CHILD SHALL BE ENTITLED TO TRANS- PORTATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. 11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DESIGNATED SCHOOL DISTRICT IS DIFFERENT FROM THE SCHOOL DISTRICT OF ORIGIN, THE DESIGNATED SCHOOL DISTRICT IS ENTITLED TO REIMBURSEMENT FOR INSTRUC- TIONAL SERVICES PURSUANT TO SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED NINE OF THE EDUCATION LAW. S 2. Paragraph (e) of subdivision 3 of section 358-a of the social services law is amended by adding a new subparagraph (iii) to read as follows: (III) A DETERMINATION PURSUANT TO SUBDIVISION EIGHT OF SECTION THREE HUNDRED SEVENTY-THREE-B OF THIS ARTICLE AS TO WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD TO REMAIN IN HIS OR HER SCHOOL OF ORIGIN, IF THE PARTIES HAVE NOT OTHERWISE AGREED TO THE APPROPRIATE SCHOOL PLACEMENT OF THE CHILD. S 3. The section heading of section 3209 of the education law, as amended by chapter 569 of the laws of 1994, is amended to read as follows: Education of [homeless] children WHO ARE HOMELESS AND WHO ARE IN OUT- OF-HOME CARE. S 4. Paragraphs a and a-1 of subdivision 1 of section 3209 of the education law, as amended by chapter 101 of the laws of 2003, are amended and a new paragraph a-2 is added to read as follows: a. Homeless child. For the purposes of this article, the term "home- less child" OR "CHILD WHO IS HOMELESS" shall mean: S. 1680 6 (1) a child or youth who lacks a fixed, regular, and adequate night- time residence, including a child or youth who is: (i) sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason; (ii) living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations; (iii) abandoned in hospitals; (iv) awaiting foster care placement; or (v) a migratory child, as defined in subsection two of section thir- teen hundred nine of the Elementary and Secondary Education Act of 1965, as amended, who qualifies as homeless under any of the provisions of clauses (i) through (iv) of this subparagraph or subparagraph two of this paragraph; or (2) a child or youth who has a primary nighttime location that is: (i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth estab- lished pursuant to article nineteen-H of the executive law; or (ii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train stations or similar setting. a-1. Exception. For the purposes of this article the term "homeless child" OR "CHILD WHO IS HOMELESS" shall not include a child [in a foster care placement or] receiving educational services pursuant to subdivi- sion [four,] five, six, six-a or seven of section thirty-two hundred two of this article or pursuant to article eighty-one, eighty-five, eighty- seven or eighty-eight of this chapter. A-2. CHILD AWAITING FOSTER CARE PLACEMENT. THE TERM "CHILD AWAITING FOSTER CARE PLACEMENT" SHALL INCLUDE A CHILD IN OUT-OF-HOME CARE THROUGH THE END OF THE SCHOOL YEAR IN WHICH THE CHILD ENTERED OUT-OF-HOME CARE. S 4-a. Paragraph a of subdivision 1 of section 3209 of the education law, as added by chapter 569 of the laws of 1994, is amended and a new paragraph a-1 is added to read as follows: a. Homeless child. For the purposes of this article, the term "home- less child" OR "CHILD WHO IS HOMELESS" shall mean: (1) a child who lacks a fixed, regular, and adequate nighttime resi- dence; or (2) a child who has a primary nighttime location that is: (i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth estab- lished pursuant to article nineteen-H of the executive law; or (ii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. [(3) the] THE term "homeless child" OR "CHILD WHO IS HOMELESS" shall not include a child [in foster care or] receiving educational services pursuant to subdivision [four,] five, six, six-a or seven of section thirty-two hundred two of this article or pursuant to article eighty- one, eighty-five, eighty-seven or eighty-eight of this chapter. A-1. CHILD AWAITING FOSTER CARE PLACEMENT. THE TERM "CHILD AWAITING FOSTER CARE PLACEMENT" SHALL INCLUDE A CHILD IN OUT-OF-HOME CARE THROUGH THE END OF THE SCHOOL YEAR IN WHICH THE CHILD ENTERED OUT-OF-HOME CARE. S. 1680 7 S 5. Subdivision 2 of section 3209 of the education law, as amended by chapter 569 of the laws of 1994, is amended to read as follows: 2. Choice of SCHOOL AND district OF ATTENDANCE. a. The designator shall have the right to designate THE SCHOOL OF ORIGIN OR THE SCHOOL SERVING THE ATTENDANCE ZONE IN WHICH THE TEMPORARY HOUSING ARRANGEMENT IS LOCATED AND one of the following SCHOOL DISTRICTS as the school AND SCHOOL district [within which] WHERE the [homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE shall be entitled to attend upon instruction: (1) the school district of current location; (2) the school district of origin; or (3) a school district participating in a regional placement plan. b. (1) Notwithstanding any other provision of law to the contrary, [where the public school district in which a homeless child is temporar- ily housed is the same school district the child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless, the homeless child shall be entitled to attend the schools of such district without the payment of tuition in accordance with subdivision one of section thirty-two hundred two of this article. Such child may choose to remain in the public school building they previously attended until the end of the school year and for one additional year if that year constitutes the child's terminal year in such building in lieu of the school serving the attend- ance zone in which the temporary housing facility is located.] THE CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE SHALL BE ENTITLED TO ATTEND THE DESIGNATED SCHOOL IN THE DESIGNATED DISTRICT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION WITHOUT PAYMENT OF TUITION: (I) FOR THE DURATION OF HOMELESSNESS OR LENGTH OF TIME IN OUT-OF-HOME CARE, (II) THROUGH THE REMAINDER OF THE SCHOOL YEAR IN WHICH THE CHILD MOVES INTO PERMANENT HOUSING OR IS FINALLY DISCHARGED FROM OUT-OF-HOME CARE, AND (III) FOR ONE ADDITIONAL YEAR IF THAT YEAR CONSTITUTES THE TERMINAL YEAR OF THE CHILD IN SUCH SCHOOL BUILDING. (2) Notwithstanding any other provision of law to the contrary, where the public school or school district a [homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless OR ENTER OUT-OF-HOME CARE is located outside the state, the [homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE shall be [deemed a resident] ELIGIBLE TO ATTEND THE SCHOOLS of the school district in which the hotel, motel, shelter or other temporary housing arrangement of the child is currently located and shall be entitled to attend the schools of such district without payment of tuition in accordance with subdivision one of section thirty-two hundred two of this article. TO THE EXTENT REQUIRED BY SUBTITLE B OF TITLE VII OF THE MCKINNEY-VENTO ASSISTANCE ACT, SUCH CHILD WHO IS HOMELESS OR IN OUT-OF- HOME CARE SHALL BE AFFORDED THE RIGHT TO DESIGNATE A PUBLIC SCHOOL LOCATED IN A CONTIGUOUS STATE AS THE SCHOOL OF ORIGIN OF THE CHILD OR YOUTH AND THE SCHOOL DISTRICT OF CURRENT LOCATION SHALL ARRANGE FOR THE TRANSPORTATION OF SUCH CHILD TO THE SCHOOL OF ORIGIN IN ACCORDANCE WITH THE PROVISIONS OF SUCH FEDERAL LAW. Such OUT-OF-STATE SCHOOL district [of residence] shall not be considered a school district of origin or a school district of current location for purposes of this section. c. Notwithstanding the provisions of paragraph a of this subdivision, a [homeless child who has designated the school district of current S. 1680 8 location as the district of attendance and] CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE who has relocated to another temporary housing arrange- ment outside of such district, or to a different attendance zone or community school district within such district[,]: (1) shall be entitled to continue the prior designation to enable the student to remain in the same school building, WHICH SHALL BE CONSIDERED THE SCHOOL OF ORIGIN, EXCEPT WHERE CONTINUING THE EDUCATION OF THE CHILD IN THE SCHOOL OF ORIGIN IS NOT IN THE BEST INTEREST OF THE CHILD AS DETERMINED BY THE DESIGNATED SCHOOL DISTRICT FOR A CHILD WHO IS HOMELESS OR PURSUANT TO SECTION THREE HUNDRED SEVENTY-THREE-B OF THE SOCIAL SERVICES LAW FOR A CHILD IN OUT-OF-HOME CARE, OR (2) MAY DESIGNATE A NEW SCHOOL AND SCHOOL DISTRICT PURSUANT TO PARA- GRAPH A OF THIS SUBDIVISION. ANY DESIGNATION MADE PURSUANT TO THIS SUBPARAGRAPH SHALL REMAIN IN EFFECT PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION until the end of the school year and for one additional year if that year constitutes the child's terminal year in such building. d. Such designation shall be made on forms specified by the commis- sioner, and shall include: (1) the name of the child, (2) the name of the parent or person in parental relation to the child, (3) THE NAME OF THE FOSTER PARENT FOR A CHILD IN OUT-OF-HOME CARE, WHERE APPLICABLE, (4) THE NAME OF A REPRESENTATIVE FROM THE LOCAL SOCIAL SERVICES DISTRICT, WHERE APPLICABLE FOR A CHILD IN OUT-OF-HOME CARE, (5) the name and location of the temporary housing arrangement, (6) the name of the school OF ORIGIN AND THE SCHOOL district of origin, (7) the name of the school district where the child's records are located, (8) the complete address where the family was located at the time circumstances arose which caused such child to become homeless OR ENTER OUT-OF-HOME CARE, (9) WHETHER TRANSPORTATION IS REQUESTED, and (10) any other information required by the commissioner. All school districts, LOCAL SOCIAL SERVICES DISTRICTS, temporary hous- ing facilities operated or approved by a local social services district, and residential facilities for runaway and homeless youth shall make such forms available. Where the homeless child is located in a temporary housing facility operated or approved by a local social services district, or a residential facility for runaway and homeless youth, the director of the facility or a person designated by the LOCAL social services district, shall, within two business days, assist the designa- tor in completing the designation forms and enrolling the homeless child in the designated school district. WHERE THE CHILD IS IN OUT-OF-HOME CARE, THE LOCAL SOCIAL SERVICES DISTRICT MUST COMPLETE THE DESIGNATION FORM WITHIN ONE BUSINESS DAY OF REMOVAL OF SUCH CHILD FROM HIS OR HER HOME, MOVING THE CHILD TO A NEW FOSTER HOME, OBTAINING CONSENT TO CHANGE THE CURRENT SCHOOL PLACEMENT OF A CHILD, OR RECEIPT OF A COURT ORDER REGARDING THE SCHOOL PLACEMENT OF THE CHILD, AS REQUIRED BY SUBDIVISION D OF SECTION THREE HUNDRED SEVENTY-THREE-B OF THE SOCIAL SERVICES LAW. e. Upon [receipt of the designation form] SELECTION OF A SCHOOL OR SCHOOL DISTRICT OF ATTENDANCE BY A DESIGNATOR OR IDENTIFICATION OF A STUDENT AS HOMELESS OR IN OUT-OF-HOME CARE BY ITS LOCAL EDUCATIONAL S. 1680 9 AGENCY LIAISON, the [designated] AFFECTED school district shall imme- diately AND NO LATER THAN ONE BUSINESS DAY: (1) admit the [homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE EVEN IF THE CHILD IS UNABLE TO PRODUCE RECORDS NORMALLY REQUIRED FOR ENROLLMENT, SUCH AS PREVIOUS ACADEMIC RECORDS, MEDICAL RECORDS, PROOF OF RESIDENCY OR OTHER DOCUMENTATION; (2) treat the [homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE as a resident for all purposes; (3) WHERE APPLICABLE, make a written request to the school district where the child's records are located for a copy of such records; and (4) [forward the designation form to the commissioner, and the school district of origin where applicable] WHERE APPLICABLE, ASSIST THE CHILD AND HIS OR HER PARENT OR PERSON IN PARENTAL RELATION, OR THE LOCAL SOCIAL SERVICES DISTRICT FOR A CHILD IN OUT-OF-HOME CARE, IN COMPLETING THE DESIGNATION FORM. f. Within five days of receipt of a request for records pursuant to subparagraph three of paragraph e of this subdivision, the school district shall forward, in a manner consistent with state and federal law, a complete copy of the [homeless child's] records FOR THE CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE, including, but not limited to, proof of age, academic records, evaluations, immunization records, and guardi- anship papers, if applicable. g. WHERE THE SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL DISTRICT DESIGNATED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO BE THE SCHOOL DISTRICT OF RESIDENCE OF SUCH CHILD FOR PURPOSES OF FISCAL AND PROGRAM- MATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS CHAPTER. WHERE A CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE BECOMES PERMANENTLY HOUSED BY REASON OF PLACEMENT IN ONE OF THE FOLLOWING RESIDENTIAL SETTINGS, THE SCHOOL DISTRICT OF ORIGIN SHALL BE DEEMED TO BE THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE FOR PURPOSES OF ASSIGNING FISCAL AND/OR PROGRAM- MATIC RESPONSIBILITY UNDER ANY RELATED PROVISION OF LAW: (1) AN INTERMEDIATE CARE FACILITY, INDIVIDUALIZED RESIDENTIAL ALTERNA- TIVE OR OTHER SCHOOL OR FACILITY SUBJECT TO THE PROVISIONS OF SUBDIVI- SION FIVE OF SECTION THIRTY-TWO HUNDRED TWO OF THIS ARTICLE; OR (2) A HOSPITAL OR OTHER INSTITUTION FOR THE CARE, CUSTODY OR TREATMENT SUBJECT TO THE PROVISIONS OF SUBDIVISION SIX OF SECTION THIRTY-TWO HUNDRED TWO OF THIS ARTICLE; OR (3) A FACILITY UNDER THE JURISDICTION OF THE OFFICE OF CHILDREN AND FAMILY SERVICES/DIVISION FOR YOUTH SUBJECT TO THE PROVISIONS OF SUBDIVI- SION SIX-A OF SECTION THIRTY-TWO HUNDRED TWO OF THIS ARTICLE; OR (4) A COUNTY CORRECTIONAL FACILITY SUBJECT TO THE PROVISIONS OF SUBDI- VISION SEVEN OF SECTION THIRTY-TWO HUNDRED TWO OF THIS ARTICLE; OR (5) A CHILD CARE INSTITUTION SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-ONE OF THIS CHAPTER; OR (6) A STATE-SUPPORTED SCHOOL FOR THE DEAF OR BLIND SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-FIVE OF THIS CHAPTER; OR (7) A STATE-OPERATED SCHOOL SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER; OR (8) AN APPROVED PRIVATE RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY- NINE OF THIS CHAPTER. H. EACH DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL ENSURE THAT: (1) CHILDREN WHO ARE HOMELESS OR IN OUT-OF-HOME CARE HAVE ACCESS TO THE SAME PUBLIC PRE-KINDERGARTEN PROGRAMS, REGULATED BY THE DEPARTMENT, AS ARE PROVIDED TO OTHER CHILDREN RESIDING IN THE SCHOOL DISTRICT. TO ENSURE ACCESS: S. 1680 10 (I) THE LIAISON IN THE DESIGNATED DISTRICT SHALL ENSURE IMMEDIATE ENROLLMENT IN A PRE-KINDERGARTEN PROGRAM EVEN IF THE CHILD WHO IS HOME- LESS OR IN OUT-OF-HOME CARE DOES NOT HAVE THE DOCUMENTS NORMALLY NEEDED FOR ENROLLMENT; (II) THE DESIGNATED DISTRICT SHALL WAIVE ANY ENROLLMENT DEADLINES; (III) IF NECESSARY, THE DESIGNATED DISTRICT SHALL SEEK A CLASSROOM SIZE WAIVER FOR THE DEPARTMENT TO ALLOW THE CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE INTO A PRE-KINDERGARTEN CLASS THAT IS AT CAPACITY; AND (IV) IF NECESSARY, REFER THE CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE TO A SCHOOL OUTSIDE OF THE ATTENDANCE ZONE OR COMMUNITY SCHOOL DISTRICT IN WHICH THE TEMPORARY HOUSING LOCATION IS SITUATED IF THE SCHOOLS WITHIN THE ATTENDANCE ZONE OR COMMUNITY SCHOOL DISTRICT DO NOT HAVE CAPACITY IN ANY OF THE PRE-KINDERGARTEN CLASSROOMS. (2) CHILDREN WHO ARE HOMELESS, IN OUT-OF-HOME CARE, OR SEPARATED FROM PUBLIC SCHOOLS ARE IDENTIFIED AND ACCORDED EQUAL ACCESS TO APPROPRIATE SECONDARY EDUCATION AND SUPPORT SERVICES; (3) CHILDREN WHO ARE HOMELESS OR IN OUT-OF-HOME CARE WHO MEET THE RELEVANT ELIGIBILITY CRITERIA ARE ABLE TO PARTICIPATE IN FEDERAL, STATE, OR LOCAL BEFORE-SCHOOL AND AFTER-SCHOOL PROGRAMS, INCLUDING BUT NOT LIMITED TO EXTRACURRICULAR ACTIVITIES. I. EACH DESIGNATED SCHOOL DISTRICT OF ATTENDANCE, OR THE CHARTER SCHOOL TO THE EXTENT CONSISTENT WITH ARTICLE FIFTY-SIX OF THIS CHAPTER IN THE CASE OF A CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE ATTENDING A CHARTER SCHOOL, SHALL ENSURE THAT CHILDREN WHO ARE HOMELESS OR IN OUT-OF-HOME CARE ARE PROVIDED, AT A MINIMUM, SERVICES COMPARABLE TO SERVICES OFFERED TO OTHER STUDENTS IN THE PUBLIC SCHOOL THEY ATTEND, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (1) TRANSPORTATION SERVICES; (2) EDUCATIONAL SERVICES FOR WHICH THE CHILD MEETS THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (20 U.S.C. S6301 ET SEQ.) OR SIMILAR STATE OR LOCAL PROGRAMS, EDUCATIONAL PROGRAMS FOR CHILDREN WITH DISABIL- ITIES, EDUCATION PROGRAMS FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY AND SUMMER SCHOOL; (3) PROGRAMS IN VOCATIONAL AND TECHNICAL EDUCATION; (4) PROGRAMS FOR GIFTED AND TALENTED STUDENTS; AND (5) SCHOOL NUTRITION PROGRAMS. J. The commissioner shall promulgate regulations setting forth the circumstances pursuant to which a change in designation may be made and establishing a procedure for the identification of the school district of origin. S 6. Subdivision 3 of section 3209 of the education law, as added by chapter 569 of the laws of 1994, paragraph b as amended by section 28 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 3. Reimbursement. a. [Where] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE either the school district of current location or a school district participat- ing in a regional placement plan is designated as the district in which the [homeless] CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE child shall attend upon instruction and such [homeless] child's school district of origin is within New York state AND IS DIFFERENT FROM THE SCHOOL DISTRICT OF CURRENT LOCATION, the school district providing instruction shall be eligible for reimbursement by the department, as approved by the commissioner, for the direct cost of educational services, not otherwise reimbursed under special federal programs, calculated pursuant to regulations of the commissioner for the period of time for which such S. 1680 11 services are provided. The claim for such reimbursement shall be in a form prescribed by the commissioner. The educational costs for such children shall not be otherwise aidable or reimbursable. b. The school district of origin shall reimburse the department for its expenditure for educational services on behalf of a [homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE pursuant to paragraph a of this subdivision in an amount equal to the school district basic contrib- ution, as such term is defined in subdivision eight of section forty- four hundred one of this chapter, pro-rated for the period of time for which such services were provided in the base year by a school district other than the school district of origin. Upon certification by the commissioner, the comptroller shall deduct from any state funds which become due to the school district of origin an amount equal to the reimbursement required to be made by such school district in accordance with this paragraph, and the amount so deducted shall not be included in the operating expense of such district for the purpose of computing the approved operating expense pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter. S 7. Subdivision 4 of section 3209 of the education law, as added by chapter 569 of the laws of 1994, is amended to read as follows: 4. Transportation. a. A LOCAL social services district shall provide for the transporta- tion of each homeless child who is eligible for benefits pursuant to section three hundred fifty-j of the social services law, to and from a temporary housing location in which the child was placed by the LOCAL social services district and the school attended by such child pursuant to this section, if such temporary housing facility is located outside of the designated school district pursuant to paragraph a of subdivision two of this section. A LOCAL social services district shall be author- ized to contract with a board of education or a board of cooperative educational services for the provision of such transportation. This paragraph shall apply to placements made by a LOCAL social services district without regard to whether a payment is made by the district to the operator of the temporary housing facility. b. The division for youth, to the extent funds are provided for such purpose, as determined by the director of the budget, shall provide for the transportation of each homeless child who is living in a residential program for runaway and homeless youth established pursuant to article nineteen-H of the executive law, to and from such residential program, and the school attended by such child pursuant to this section, if such temporary housing location is located outside the designated school district. The division for youth or the director of a residential program for runaway and homeless youth shall be authorized to contract with a school district or a board of cooperative educational services for the provision of such transportation. c. Notwithstanding any other provision of law, any homeless child not entitled to receive transportation pursuant to paragraph a OR B of this subdivision who requires transportation in order to attend [a school district designated pursuant to paragraph a of subdivision two of this section outside of the district in which such child is housed] THE SCHOOL OF ORIGIN, shall be entitled to receive such transportation pursuant to this paragraph. [If the designated school district pursuant to paragraph a of subdivision two of this section is the school district of origin or a school district participating in a regional placement plan, such school district] THE DISTRICT IN WHICH THE SCHOOL OF ORIGIN IS LOCATED shall provide transportation to and from the child's tempo- S. 1680 12 rary housing location and the school the child legally attends. Such transportation shall not be in excess of fifty miles each way except where the commissioner certifies that transportation in excess of fifty miles is in the best interest of the child. Any cost incurred for such transportation that is allowable pursuant to the applicable provision of parts two and three of article seventy-three of this chapter or herein, shall be aidable pursuant to subdivision seven of section thirty-six hundred two of this chapter, provided that the approved transportation expense shall not exceed an amount determined by the commissioner to be the total cost for providing the most cost-effective mode of such trans- portation in a manner consistent with commissioner's regulations. The commissioner shall promulgate regulations setting forth the circum- stances pursuant to which parent accompaniment for transportation may be reimbursable, including but not limited to: the age of the child; the distance of the transportation; the cost-effectiveness of the transpor- tation; and whether the child has a handicapping condition. d. Notwithstanding any other provision of law, where [a homeless child designates the school district of current location as the district the child will attend, such] THE SCHOOL DISTRICT OF CURRENT LOCATION IS DESIGNATED FOR A HOMELESS CHILD OR A CHILD IN OUT-OF-HOME CARE, THE DESIGNATED school district shall provide transportation to such child on the same basis as a resident student. e. [Notwithstanding any other provision of law, if a homeless child chooses to remain in the public school building the child previously attended pursuant to subparagraph one of paragraph b of subdivision two of this section or paragraph c of subdivision two of this section the school district shall provide transportation to and from the child's temporary housing location and the school the child legally attends if such temporary housing is located in a different attendance zone or community school district within such district. The cost of such trans- portation shall be reimbursed in accordance with the provisions of para- graph c of this subdivision.] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY CHILD IN OUT-OF-HOME CARE WHO IS NOT AWAITING FOSTER CARE PLACEMENT AND WHO REQUIRES TRANS- PORTATION IN ORDER TO ATTEND THE SCHOOL OF ORIGIN SHALL BE PROVIDED WITH TRANSPORTATION PURSUANT TO THIS SUBDIVISION. THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE TRANSPORTATION TO AND FROM THE OUT-OF-HOME CARE PLACEMENT AND THE SCHOOL THE CHILD LEGALLY ATTENDS. SUCH TRANSPORTATION SHALL NOT BE IN EXCESS OF FIFTY MILES EACH WAY, EXCEPT WHERE THE FAMILY COURT WITH JURISDICTION OVER THE CHILD DETERMINES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST INTERESTS OF THE CHILD. A LOCAL SOCIAL SERVICES DISTRICT SHALL BE AUTHORIZED TO CONTRACT WITH A BOARD OF EDUCATION OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE PROVISION OF SUCH TRANSPORTATION. F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY CHILD WHO REQUIRES TRANSPORTATION TO CONTINUE ATTENDANCE IN THE DESIGNATED SCHOOL THROUGH THE REMAINDER OF THE SCHOOL YEAR IN WHICH THE CHILD MOVES INTO PERMANENT HOUSING OR IS FINALLY DISCHARGED FROM OUT-OF-HOME CARE PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION SHALL BE ENTITLED TO TRANSPORTATION UNDER THIS PARAGRAPH. SUCH TRANSPORTATION SHALL BE PROVIDED PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. G. (1) WHERE A CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE ATTENDS A SUMMER EDUCATIONAL PROGRAM IN THE DESIGNATED SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION THAT IS NEEDED FOR SUCH CHILD TO ADVANCE TO THE NEXT GRADE OR TO COMPLETE A HIGH SCHOOL DIPLOMA WITH HIS OR HER PEERS OF THE SAME AGE AND THE TEMPORARY HOUSING LOCATION S. 1680 13 OF THE STUDENT IS OUTSIDE OF SUCH DESIGNATED SCHOOL DISTRICT, SUCH CHILD SHALL BE ENTITLED TO TRANSPORTATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. (2) WHERE A CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE ATTENDS A SUMMER EDUCATIONAL PROGRAM OUTSIDE OF THE DESIGNATED SCHOOL DISTRICT THAT IS NEEDED FOR SUCH CHILD TO ADVANCE TO THE NEXT GRADE OR TO COMPLETE A HIGH SCHOOL DIPLOMA WITH HIS OR HER PEERS OF THE SAME AGE AND THE TEMPORARY HOUSING LOCATION OF THE STUDENT IS LOCATED OUTSIDE OF THE SCHOOL DISTRICT WHERE THE SUMMER EDUCATIONAL PROGRAM IS LOCATED, SUCH CHILD SHALL BE ENTITLED TO TRANSPORTATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. H. UPON PLACEMENT IN OUT-OF-HOME CARE OR A CHANGE IN OUT-OF-HOME CARE PLACEMENT, THE LOCAL SOCIAL SERVICES DISTRICT SHALL IMMEDIATELY PROVIDE EMERGENCY TRANSPORTATION TO AND FROM THE OUT-OF-HOME CARE PLACEMENT AND THE DESIGNATED SCHOOL WHERE THE CHILD IS ENTITLED TO TRANSPORTATION PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. EMERGENCY TRANS- PORTATION SHALL CONTINUE UNTIL TRANSPORTATION IS PROVIDED PURSUANT TO APPLICABLE PROVISIONS OF THIS SUBDIVISION. S 8. Subdivision 7 of section 3209 of the education law is renumbered subdivision 8 and a new subdivision 7 is added to read as follows: 7. DISPUTE RESOLUTION. A. EACH DISTRICT SHALL: (1) ESTABLISH PROCEDURES, IN ACCORDANCE WITH 42 U.S.C. SECTION 11432(G)(3)(E), FOR THE PROMPT RESOLUTION OF DISPUTES REGARDING, BUT NOT LIMITED TO, SCHOOL SELECTION, ENROLLMENT, TRANSPORTATION, A CHILD'S STATUS AS A HOMELESS CHILD OR UNACCOMPANIED YOUTH AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, A CHILD'S STATUS AS A CHILD IN OUT-OF- HOME CARE; AND (2) IMMEDIATELY ENROLL THE CHILD WHO IS HOMELESS OR IN OUT-OF-HOME CARE, OR THE CHILD WHO CLAIMS TO BE SUCH, IN THE SCHOOL WHERE ENROLLMENT IS SOUGHT, OR CONTINUE ENROLLMENT OF SUCH CHILD IN THE SCHOOL WHERE ENROLLMENT IS SOUGHT; AND (3) PROVIDE TRANSPORTATION, IF REQUESTED, EXCEPT WHERE THE LOCAL SOCIAL SERVICES DISTRICT IS PROVIDING TRANSPORTATION PURSUANT TO PARA- GRAPH (E) OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED SEVENTY-THREE-B OF THE SOCIAL SERVICES LAW FOR A CHILD IN OUT-OF-HOME CARE; AND (4) ASSIST THE DESIGNATOR WITH ANY APPEAL TO THE DEPARTMENT PURSUANT TO THE REGULATIONS OF THE COMMISSIONER; AND (5) CONTINUE ENROLLMENT AND TRANSPORTATION, IF REQUESTED, FOR THE DURATION OF THE DISPUTE RESOLUTION PROCESS. B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, IF THERE IS A DISPUTE AMONG ANY OF THE PARTIES TO A PROCEEDING IN FAMILY COURT REGARD- ING, BUT NOT LIMITED TO, SCHOOL SELECTION, ENROLLMENT, OR TRANSPORTATION FOR A CHILD IN OUT-OF-HOME CARE, THE AGGRIEVED PARTY SHALL FOLLOW THE DISPUTE RESOLUTION PROCESS OUTLINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED SEVENTY-THREE-B OF THE SOCIAL SERVICES LAW. S 9. Subdivision 1 of section 4410-a of the education law, as added by chapter 53 of the laws of 1990, paragraph b as amended by chapter 569 of the laws of 1994, paragraphs d, e and g as amended by chapter 705 of the laws of 1992, paragraph f as amended by chapter 474 of the laws of 1996, and paragraph h as amended by chapter 280 of the laws of 1994 and such section as renumbered by chapter 705 of the laws of 1992, is amended to read as follows: 1. Definitions. For the purpose of this section, the following defi- nitions shall apply: S. 1680 14 a. "[Foster care child] CHILD IN OUT-OF-HOME CARE" shall mean a child [placed in foster care by a social services district] IN OUT-OF-HOME CARE AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED NINE OF THIS CHAPTER. b. "Homeless child" shall mean a homeless child as defined in para- graph a of subdivision one of section thirty-two hundred nine of this chapter. c. "Municipality" shall mean a county outside the city of New York or the city, in the case of a county in the city of New York. d. "Municipality of current location" shall mean a municipality in which a child lives which is different from the municipality in which a child or such child's family lived [at the time a social services district assumed responsibility for the placement of such child or fami- ly, or] at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. e. "Municipality of residence" shall mean the municipality in which a child or such child's family lived at the time the [local social services district assumed responsibility for the placement of such child or family] CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOME- LESS OR ENTER OUT-OF-HOME CARE, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. f. "Preschool child with a disability" shall mean a child eligible for services pursuant to section forty-four hundred ten of this [chapter] ARTICLE. A "preschool child with a handicapping condition" means a preschool child with a disability. g. "School district of current location" shall mean a school district in which a child lives which is different from the school district in which a child or such child's family lived [at the time a social services district assumed responsibility for the placement of such child or family, or] at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. h. "Child in residential care" shall mean a child residing in a facil- ity licensed or operated by another state agency as defined by section 1.03 of the mental hygiene law or by section two of the public health law. S 10. Subdivision 2 of section 4410-a of the education law, as amended by chapter 280 of the laws of 1994, is amended to read as follows: 2. School district evaluation and placement responsibility. A. The school district of current location of a [foster care or home- less child or] child in residential care shall be responsible for the evaluation and placement procedures prescribed for a preschool child suspected of having OR WITH a handicapping condition pursuant to section forty-four hundred ten of this [chapter] ARTICLE. In issuing its writ- ten notice of determination of services, the board of education of such school district shall identify the municipality of residence of a preschool child with a handicapping condition who is a [foster care or homeless child or] child in residential care. Such notice of determi- nation shall be transmitted to both the municipality of residence and the municipality of current location. B. THE SCHOOL DISTRICT DESIGNATED PURSUANT TO PARAGRAPH A OF SUBDIVI- SION TWO OF SECTION THIRTY-TWO HUNDRED NINE OF THIS CHAPTER SHALL BE RESPONSIBLE FOR THE EVALUATION AND PLACEMENT PROCEDURES PRESCRIBED FOR A PRESCHOOL CHILD SUSPECTED OF HAVING OR WITH A DISABILITY WHO IS HOMELESS OR IN OUT-OF-HOME CARE. IN ISSUING ITS WRITTEN NOTICE OF DETERMINATION OF SERVICES, THE BOARD OF EDUCATION OF SUCH SCHOOL DISTRICT SHALL IDEN- S. 1680 15 TIFY THE MUNICIPALITY OF RESIDENCE OF A PRESCHOOL CHILD WITH A DISABILI- TY WHO IS HOMELESS OR IN OUT-OF-HOME CARE. SUCH NOTICE OF DETERMINATION SHALL BE TRANSMITTED TO BOTH THE MUNICIPALITY OF RESIDENCE AND THE MUNI- CIPALITY OF RECORD, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION. S 11. Subdivision 3 of section 4410-a of the education law, as amended by chapter 280 of the laws of 1994, is amended to read as follows: 3. Contract and payment responsibility. A. The municipality of current location shall be the municipality of record for a preschool child with a handicapping condition who is a [foster care or homeless child or] child in residential care for the purposes of section forty-four hundred ten of this [chapter] ARTICLE provided, however, that, notwithstanding the provision of paragraph b of subdivision eleven of such section, the state shall reimburse one hundred percent of the approved costs paid by such municipality which shall be offset by the local contribution due pursuant to subdivision four of this section. B. THE MUNICIPALITY OF RECORD SHALL BE THE MUNICIPALITY IN WHICH THE SCHOOL DISTRICT DESIGNATED PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED NINE OF THIS CHAPTER IS LOCATED FOR A PRESCHOOL CHILD WITH A DISABILITY WHO IS HOMELESS OR IN OUT-OF-HOME CARE FOR THE PURPOSES OF SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE PROVIDED, HOWEVER, THAT, NOTWITHSTANDING THE PROVISION OF PARAGRAPH B OF SUBDIVISION ELEVEN OF SUCH SECTION, THE STATE SHALL REIMBURSE ONE HUNDRED PERCENT OF THE APPROVED COSTS PAID BY SUCH MUNICIPALITY WHICH SHALL BE OFFSET BY THE LOCAL CONTRIBUTION DUE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. S 12. Subdivision 4 of section 4410-a of the education law, as amended by chapter 280 of the laws of 1994, is amended to read as follows: 4. Local contribution. The municipality of residence shall be finan- cially responsible for the local contribution which shall equal that portion of the approved costs of services to a [foster care or homeless] child WHO IS HOMELESS OR IN OUT-OF-HOME CARE or child in residential care with a handicapping condition which would not be reimbursed pursu- ant to the schedule set out in paragraph b of subdivision eleven of section forty-four hundred ten of this [chapter] ARTICLE. The commis- sioner shall certify to the comptroller the amount of the local contrib- ution owed by each municipality to the state. The comptroller shall deduct the amount of such local contribution first from any moneys due the municipality pursuant to such section and then from any other moneys due or to become due such municipality. S 13. This act shall take effect immediately; provided, however that the amendments to paragraphs a and a-1 of subdivision 1 of section 3209 of the education law made by section four of this act shall be subject to the expiration and reversion of such paragraphs when upon such date the provisions of section four-a of this act shall take effect.
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