2021 New York Laws
EDN - Education
Title 4 - Teachers and Pupils
Article 66 - Interstate Compact on Educational Oppurtunity for Military Children
3306 - Eligibilty.

§  3306.  Eligibility.  1. (a) When properly executed under applicable
law, a special power of attorney, relative  to  the  guardianship  of  a
military  child,  shall be considered sufficient for the sole purpose of
establishing  residency  of  a  transferring  student   into   a   local
educational  agency  and  for all other actions in the local educational
agency requiring parental participation and consent, for the duration of
the guardianship. For students attending school in New York,  a  special
designation  of  person in parental relation pursuant to title fifteen-A
of article five of the general obligations law, in the  form  prescribed
in  paragraph  (b) of this subdivision, shall constitute a special power
of attorney for such purpose, provided that  notwithstanding  any  other
provision of law to the contrary, such delegation shall remain in effect
until revoked or the child re-establishes residence with a parent.
  (b) A local educational agency shall be prohibited from charging local
tuition  to  a  transitioning  military  child  placed  in the care of a
non-custodial parent or other person standing in loco  parentis  with  a
special  designation  of  person  in parental relation pursuant to title
fifteen-A of article five  of  the  general  obligations  law  and  this
paragraph  who  lives in a jurisdiction other than that of the custodial
parent. The special designation of person in parental relation shall  be
in the form prescribed by section 5-1552 of the general obligations law,
except  that  it  shall  clearly identify the student as a transitioning
military child and shall provide that the designation shall continue  in
effect  until  revoked  or  the  child  re-establishes  residence with a
parent. Notwithstanding any provisions of  law  to  the  contrary,  such
designation shall not be for a fixed period and shall result in a change
in  the school district of residence for purposes of this chapter to the
school district in which the designee resides.
  (c)  A  transitioning  military  child,  placed  in  the  care  of   a
non-custodial parent or other person standing in loco parentis who lives
in  a jurisdiction other than that of the custodial parent, may continue
to attend the school within New York in which he  or  she  was  enrolled
while  residing  with the custodial parent until the child completes the
highest grade level in such school. Nothing in this paragraph  shall  be
construed   to   require   a   local   educational   agency  to  provide
transportation services to such student while residing  outside  of  the
district  for  distances  greater  than the maximum transportation limit
established under school district policy.
  2.  State  and  local  educational  agencies  shall   facilitate   the
opportunity   for   transitioning   military   children's  inclusion  in
extracurricular activities, regardless of application deadlines, to  the
extent they are otherwise qualified.