S T A T E   O F   N E W   Y O R K
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                                  8134

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
  Department) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to the education of home-
  less children

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

  Section  1.  Paragraphs b, c and d of subdivision 1 of section 3209 of
the education law, as amended by chapter 569 of the laws  of  1994,  are
amended and a new paragraph f is added to read as follows:
  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] SUCH HOMELESS CHILD IS AN UNACCOMPANIED YOUTH; 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] OF  ORIGIN,
AND  TO  REMAIN  IN SUCH SCHOOL FOR THE DURATION OF HOMELESSNESS, EXCEPT
WHERE CONTINUING THE CHILD OR YOUTH'S EDUCATION IN THE SCHOOL OF  ORIGIN
IS DETERMINED BY SUCH SCHOOL DISTRICT NOT TO BE THE BEST INTEREST OF THE
CHILD OR YOUTH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05113-01-9

              

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  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  hous-
ing  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.
  F.  SCHOOL  OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN: (I) THE
PUBLIC SCHOOL THAT THE CHILD OR YOUTH ATTENDED WHEN  PERMANENTLY  HOUSED
AND  CIRCUMSTANCES  AROSE  WHICH CAUSED THE CHILD TO BECOME HOMELESS; OR
(II) THE SCHOOL IN WHICH THE CHILD OR YOUTH WAS LAST ENROLLED.
  S 2. 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  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  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] SCHOOL OF ORIGIN  IN  LIEU  OF
THE  SCHOOL  SERVING  THE ATTENDANCE ZONE IN WHICH THE TEMPORARY HOUSING
ARRANGEMENT IS LOCATED FOR THE DURATION OF  HOMELESSNESS,  EXCEPT  WHERE
CONTINUING  THE  CHILD  OR  YOUTH'S EDUCATION IN THE SCHOOL OF ORIGIN IS
DETERMINED BY SUCH SCHOOL DISTRICT NOT TO BE THE BEST  INTEREST  OF  THE
CHILD OR YOUTH.
  (2)  IF  A  HOMELESS  CHILD BECOMES PERMANENTLY HOUSED DURING A SCHOOL
YEAR, SUCH CHILD OR YOUTH MAY REMAIN IN THE SCHOOL OF ORIGIN  until  the
end  of the school year and for one additional year if that year consti-
tutes 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)] (3) Notwithstanding any other provision of law to the  contrary,
where  the public school or school district a homeless child was attend-
ing 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] ADMITTED TO 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 thir-
ty-two hundred two of this article.  TO THE EXTENT REQUIRED  SUBTITLE  B

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OF  TITLE  VII OF THE MCKINNEY-VENTO ASSISTANCE ACT, SUCH HOMELESS CHILD
SHALL BE AFFORDED THE RIGHT TO DESIGNATE A PUBLIC SCHOOL  LOCATED  IN  A
CONTIGUOUS  STATE  AS  THE  CHILD'S OR YOUTH'S SCHOOL OF ORIGIN, 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
location  as the district of attendance and who has relocated to another
temporary housing arrangement outside of such district, or to a  differ-
ent  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] SCHOOL OR ORIGIN FOR THE DURA-
TION OF HOMELESSNESS, EXCEPT WHERE CONTINUING  THE  CHILD'S  OR  YOUTH'S
EDUCATION  IN  THE  SCHOOL  OF  ORIGIN  IS DETERMINED NOT TO BE THE BEST
INTEREST OF THE CHILD OR YOUTH. IF SUCH CHILD OR  YOUTH  BECOMES  PERMA-
NENTLY  HOUSED  DURING  A  SCHOOL  YEAR,  HE OR SHE SHALL BE ENTITLED TO
CONTINUE THE PRIOR DESIGNATION TO ENABLE THE STUDENT TO  REMAIN  IN  THE
SCHOOL OF ORIGIN 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 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 OF ORIGIN AND
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] SELECTION  OF  A  SCHOOL  OR
SCHOOL  DISTRICT  OF  ATTENDANCE  BY A DESIGNATOR OR IDENTIFICATION OF A
STUDENT AS A HOMELESS CHILD BY ITS LOCAL EDUCATIONAL AGENCY LIAISON, the
[designated] AFFECTED school district shall immediately:
  (1) admit the homeless child;
  (2) treat the homeless child 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)  WHERE  APPLICABLE,  ASSIST THE HOMELESS CHILD AND THEIR PARENT OR
PERSON IN PARENTAL RELATION IN COMPLETING THE DESIGNATION FORM; AND
  (5) 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

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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. WHERE THE SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL DISTRICT
DESIGNATED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION SHALL BE DEEMED
TO BE THE SCHOOL DISTRICT OF RESIDENCE OF SUCH  CHILD  FOR  PURPOSES  OF
FISCAL  AND  PROGRAMMATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS
CHAPTER. WHERE A HOMELESS CHILD 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 PROGRAMMATIC
RESPONSIBILITY UNDER ANY RELATED PROVISION OF LAW:
  (1) A FOSTER HOME, GROUP HOME OR OTHER FAMILY HOME AT BOARD SUBJECT TO
THE PROVISIONS OF SUBDIVISION FOUR OF SECTION THIRTY-TWO HUNDRED TWO  OF
THIS ARTICLE; OR
  (2) 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
  (3) 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
  (4)  A  FACILITY  UNDER  THE  JURISDICTION  OF  THE DIVISION FOR YOUTH
SUBJECT TO THE PROVISIONS OF SUBDIVISION  SIX-A  OF  SECTION  THIRTY-TWO
HUNDRED TWO OF THIS ARTICLE; OR
  (5) A COUNTY CORRECTIONAL FACILITY SUBJECT TO THE PROVISIONS OF SUBDI-
VISION SEVEN OF SECTION THIRTY-TWO HUNDRED TWO OF THIS ARTICLE; OR
  (6)  A  CHILD  CARE  INSTITUTION  SUBJECT TO THE PROVISIONS OF ARTICLE
EIGHTY-ONE OF THIS CHAPTER; OR
  (7) A STATE-SUPPORTED SCHOOL FOR THE DEAF  OR  BLIND  SUBJECT  TO  THE
PROVISIONS OF ARTICLE EIGHTY-FIVE OF THIS CHAPTER; OR
  (8)  A  STATE-OPERATED  SCHOOL  SUBJECT  TO  THE PROVISIONS OF ARTICLE
EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER; OR
  (9) 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) HOMELESS CHILDREN HAVE EQUAL ACCESS TO THE SAME PUBLIC  PREKINDER-
GARTEN  PROGRAMS,  REGULATED BY THE DEPARTMENT, AS ARE PROVIDED TO OTHER
CHILDREN RESIDING IN THE SCHOOL DISTRICT;
  (2) HOMELESS YOUTHS AND YOUTHS SEPARATED FROM THE PUBLIC  SCHOOLS  ARE
IDENTIFIED  AND ACCORDED EQUAL ACCESS TO APPROPRIATE SECONDARY EDUCATION
AND SUPPORT SERVICES; AND
  (3) HOMELESS CHILDREN AND YOUTHS WHO  MEET  THE  RELEVANT  ELIGIBILITY
CRITERIA   ARE   ABLE   TO  PARTICIPATE  IN  FEDERAL,  STATE,  OR  LOCAL
BEFORE-SCHOOL AND AFTER-SCHOOL CARE 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 HOMELESS CHILD ATTENDING A CHARTER SCHOOL, SHALL ENSURE
THAT  HOMELESS  CHILDREN  AND YOUTH 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 OR YOUTH MEETS THE ELIGI-
BILITY  CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE I OF THE ELEMEN-

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TARY AND SECONDARY EDUCATION ACT OF 1965 (20 U.S.C. S6301 ET SEQ.)    OR
SIMILAR  STATE OR LOCAL PROGRAMS, EDUCATIONAL PROGRAMS FOR CHILDREN WITH
DISABILITIES, EDUCATIONAL 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 3. Paragraph a of subdivision 3 of section  3209  of  the  education
law,  as added by chapter 569 of the laws of 1994, is amended to read as
follows:
  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
AND IS DIFFERENT FROM THE  SCHOOL  DISTRICT  OF  CURRENT  LOCATION,  the
school  district  providing instruction shall be eligible for reimburse-
ment 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 commission-
er. The educational costs for such children shall not be otherwise aida-
ble or reimbursable.
  S 4. Subdivision 4 of section 3209 of the education law is amended  by
adding a new paragraph f to read as follows:
  F. WHERE A HOMELESS CHILD ATTENDS A SUMMER EDUCATIONAL PROGRAM IN SUCH
STUDENT'S DESIGNATED SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF SUBDIVI-
SION  TWO  OF  THIS  SECTION  THAT  IS NEEDED FOR SUCH HOMELESS 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 STUDENT'S TEMPORARY HOUSING
ARRANGEMENT IS OUTSIDE OF SUCH DESIGNATED SCHOOL DISTRICT, SUCH HOMELESS
CHILD SHALL BE ENTITLED TO TRANSPORTATION  PURSUANT  TO  THE  APPLICABLE
PROVISIONS OF PARAGRAPH A, B OR C OF THIS SUBDIVISION.
  S  5.  This  act  shall  take  effect  on  the first of September next
succeeding the date upon which it shall have become a law.