2006 New York Code - Education Of Homeless Children.

 
    § 3209. Education of homeless children. 1. Definitions.
    * a.  Homeless  child.  For  the  purposes  of  this article, the term
  "homeless child" shall mean:
    (1) a child  or  youth  who  lacks  a  fixed,  regular,  and  adequate
  nighttime 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
  thirteen  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
  established 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" shall not include a child in a foster care placement 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.
    * NB Expires June 30, 2006
    * a. Homeless child. For  the  purposes  of  this  article,  the  term
  "homeless child" shall mean:
    (1)  a  child  who  lacks  a  fixed,  regular,  and adequate nighttime
  residence; 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
  established 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 term "homeless child" 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.
    * NB Effective June 30, 2006
    b. Designator. The term "designator" shall mean:
    (1) the parent or the person in parental relation to a homeless child;
  or
    (2) the homeless child, if no parent or person in parental relation is
  available; or
    (3) the director of a residential program  for  runaway  and  homeless
  youth  established  pursuant to article nineteen-H of the executive law,
  in consultation with the homeless child, where such  homeless  child  is
  living in such program.
    c.  School  district  of  origin. The term "school district of origin"
  shall mean the school district within the state of New York in which the
  homeless child was attending a public school on a tuition-free basis  or
  was  entitled to attend when circumstances arose which caused such child
  to become homeless, which is  different  from  the  school  district  of
  current  location.  Whenever the school district of origin is designated
  pursuant to subdivision two of this section, the child shall be entitled
  to return to the school building where previously enrolled.
    d. School district of current location. The term "school  district  of
  current location" shall mean the public school district within the state
  of  New  York  in  which  the  hotel,  motel, shelter or other temporary
  housing arrangement of a homeless child, or the residential program  for
  runaway  and  homeless  youth,  is  located, which is different from the
  school district of origin.  Whenever  the  school  district  of  current
  location  is designated pursuant to subdivision two of this section, the
  child shall be entitled to attend the school that is zoned  for  his  or
  her  temporary location or any school that nonhomeless students who live
  in the same attendance zone in which the  homeless  child  or  youth  is
  temporarily residing are entitled to attend.
    e.  Regional  placement plan. The term "regional placement plan" shall
  mean a comprehensive regional approach to the provision  of  educational
  placements  for  homeless  children  which  has  been  approved  by  the
  commissioner.
    2. Choice of district.
    a. The designator shall  have  the  right  to  designate  one  of  the
  following  as  the school district within which the homeless child 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
  temporarily 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
  attendance zone in which the temporary housing facility is located.
    (2)  Notwithstanding any other provision of law to the contrary, where
  the public school or school district a homeless child was attending on a
  tuition-free basis or was entitled to attend  when  circumstances  arose
  which  caused the child to become homeless is located outside the state,
  the homeless child shall be deemed a resident 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.  Such
  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
  location  as the district of attendance and who has relocated to another
  temporary  housing  arrangement  outside  of  such  district,  or  to  a
  different  attendance  zone  or  community  school  district within such
  district,  shall be entitled to continue the prior designation to enable
  the student to remain in the same school building 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
  commissioner,  and  shall include the name of the child, the name of the
  parent or person in  parental  relation  to  the  child,  the  name  and
  location  of  the  temporary housing arrangement, the name of the school
  district of origin, the name of the school district  where  the  child's
  records  are  located, the complete address where the family was located
  at the time circumstances  arose  which  caused  such  child  to  become
  homeless  and  any  other  information required by the commissioner. All
  school districts, temporary housing 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 social services district, shall, within two business days, assist
  the designator in completing the designation  forms  and  enrolling  the
  homeless child in the designated school district.
    e.  Upon  receipt  of  the  designation  form,  the  designated school
  district shall immediately:
    (1) admit the homeless child;
    (2) treat the homeless child as a resident for all purposes;
    (3) 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.
    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 including, but not
  limited to, proof of age, academic  records,  evaluations,  immunization
  records, and guardianship papers, if applicable.
    g.  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.
    * 2-a. Notwithstanding any other provision of  law  to  the  contrary,
  each  local  educational  agency,  as such term is defined in subsection
  twenty-six of section ninety-one  hundred  one  of  the  Elementary  and
  Secondary  Education  Act  of  1965, shall designate a local educational
  agency liaison for homeless children and youths  and  shall,  consistent
  with   the  provisions  of  this  section,  otherwise  comply  with  the
  applicable requirements of paragraphs three through seven of  subsection
  (g)  of  section  seven hundred twenty-two of subtitle B of title VII of
  the McKinney-Vento Assistance Act.
    * NB Repealed June 30, 2006
    3. Reimbursement.
    a. Where either the school district of current location  or  a  school
  district participating in a regional placement plan is designated as the
  district  in  which the homeless child shall attend upon instruction and
  such homeless child's school district  of  origin  is  within  New  York
  state,  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  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
  pursuant  to  paragraph  a of this subdivision in an amount equal to the
  school  district  basic  contribution,  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  apportionment  for  operating  expense
  pursuant to subdivision eleven of section thirty-six hundred two of this
  chapter.
    4. Transportation.
    a.  A social services district shall provide for the transportation 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  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 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. This paragraph shall apply  to
  placements  made by a 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 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, 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  shall provide transportation to and from the child's temporary
  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
  transportation in a manner consistent with  commissioner's  regulations.
  The   commissioner   shall  promulgate  regulations  setting  forth  the
  circumstances 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
  transportation; 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 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
  transportation  shall be reimbursed in accordance with the provisions of
  paragraph c of this subdivision.
    5. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
  commissioner,  the  commissioner of social services, and the director of
  the division for youth shall develop a plan to ensure  coordination  and
  access to education for homeless children and shall annually review such
  plan.
    b.  The commissioner shall periodically monitor local school districts
  to ensure their compliance with the provisions of this article, and that
  such districts review and revise any  local  regulations,  policies,  or
  practices  that  may  act as barriers to the enrollment or attendance of
  homeless children in school or their receipt of comparable  services  as
  defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
    c.  School districts shall periodically report such information to the
  commissioner as he or she may require to carry out the purposes of  this
  section.
    6.  Public  welfare  officials,  except  as otherwise provided by law,
  shall furnish indigent children with suitable  clothing,  shoes,  books,
  food, transportation and other necessaries to enable them to attend upon
  instruction  as  required  by  law.  Upon  demonstration  of  need, such
  necessaries shall also include transportation of indigent  children  for
  the  purposes  of evaluations pursuant to section forty-four hundred ten
  of this chapter and title II-A of  article  twenty-five  of  the  public
  health law.
    7.  The  commissioner  may  promulgate  regulations  to  carry out the
  purposes of this section.