S T A T E   O F   N E W   Y O R K
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                                  6839

                            I N  S E N A T E

                            February 12, 2010
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to defining  nonresidents
  of a district for purposes of admission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section  3202  of  the  education  law  is
amended to read as follows:
  2.  A.  Nonresidents  of  a  district,  if otherwise competent, may be
admitted into the school or schools of a  district  or  city,  upon  the
consent of the trustees or the board of education, upon terms prescribed
by such trustees or board, WHICH MAY INCLUDE THE PAYMENT OF TUITION. THE
TERM  "NONRESIDENTS  OF A DISTRICT" SHALL INCLUDE, BUT NOT BE LIMITED TO
PERSONS OVER FIVE AND UNDER TWENTY-ONE YEARS OF AGE WHO ARE  NOT  OTHER-
WISE DESCRIBED IN THIS SECTION, WHO:
  (I) DO NOT ACTUALLY RESIDE IN THE DISTRICT; OR
  (II) RESIDE ON REAL PROPERTY IN THE DISTRICT WHICH IS:
  (1)  FIFTY  PERCENT  OR  MORE EXEMPT FROM TAXATION FOR SCHOOL DISTRICT
PURPOSES PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-A  OR
SECTION FOUR HUNDRED TWENTY-B OF THE REAL PROPERTY TAX LAW; AND
  (2)  THE  RESIDENCE OF TEN OR MORE STUDENTS WHO ATTEND A PUBLIC SCHOOL
IN THE DISTRICT.
  B. PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF  SUBPARAGRAPH  (II)  OF
PARAGRAPH  A  OF  THIS  SUBDIVISION  SHALL  NOT AUTHORIZE THE PAYMENT OF
TUITION IN AN AMOUNT IN EXCESS OF THE PROPERTY  TAXES  THAT  WOULD  HAVE
BEEN  PAID  WERE  THE  PROPERTY FULLY TAXABLE AND IN ANY EVENT SHALL NOT
APPLY TO PROPERTY WHICH:
  (I) WAS CONSTRUCTED AND REMAINS OCCUPIED PURSUANT TO THE PROVISIONS OF
THE PUBLIC HOUSING LAW OR THE PRIVATE HOUSING FINANCE LAW;
  (II) IS OWNED OR OPERATED BY AN AUTHORIZED AGENCY AS DEFINED IN SUBDI-
VISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE  SOCIAL  SERVICES
LAW  OR PROPERTY DESCRIBED IN SUBDIVISION FIFTEEN, SEVENTEEN OR EIGHTEEN
OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15507-01-0
              

S. 6839                             2

  (III) IS OWNED BY THE STATE OR ANY MUNICIPALITY THEREOF WHICH PRIMARI-
LY HOUSES CHILDREN DESCRIBED IN SUBDIVISION TWO, FOUR-A,  FOUR-B,  FIVE,
SIX,  SEVEN,  EIGHT  OR NINE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE
SOCIAL SERVICES LAW; OR
  (IV)  PRIMARILY  HOUSES  DESTITUTE  CHILDREN. FOR THE PURPOSES OF THIS
SUBPARAGRAPH A CHILD IS DESTITUTE IF THE CHILD, THROUGH  NO  NEGLECT  ON
THE  PART  OF  HIS  OR HER PARENT, GUARDIAN OR CUSTODIAN IS DESTITUTE OR
HOMELESS, OR IN A STATE OF WANT OR SUFFERING DUE TO LACK  OF  SUFFICIENT
FOOD, CLOTHING, OR SHELTER, OR MEDICAL OR SURGICAL CARE, OR IS UNDER THE
AGE  OF  EIGHTEEN  AND IS ABSENT FROM HIS OR HER LEGAL RESIDENCE WITHOUT
THE CONSENT OF THE PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR IS  A  PERSON
UNDER THE AGE OF EIGHTEEN WHO IS WITHOUT A PLACE OF SHELTER WHERE SUPER-
VISION AND CARE ARE AVAILABLE. PROVIDED, HOWEVER, THAT A DESTITUTE CHILD
SHALL  NOT  BE  ONE WHOSE PARENT OR LEGAL GUARDIAN ARE WITHOUT FINANCIAL
MEANS BECAUSE SUCH PERSON OR  PERSONS  CHOOSE  NOT  TO  ACCEPT  MONETARY
COMPENSATION  FOR  WORK THEY DO OR WHO CHOOSES TO GIVE SUCH COMPENSATION
AWAY OR ASSIGN IT TO THE BENEFIT OF ANOTHER, INCLUDING ANOTHER PERSON OR
OTHER LEGAL ENTITY.
  S 2. This act shall take effect on September 1, 2011.