S T A T E   O F   N E W   Y O R K
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                                  4430

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A. SCARBOROUGH, PERRY, REILLY, MAYERSOHN, CLARK,
  SCHROEDER, JAFFEE, CASTRO, TITONE -- Multi-Sponsored by --  M.  of  A.
  MARKEY, TOWNS -- read once and referred to the Committee on Education

AN  ACT  to  amend the social services law, the family court act 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.
                                                           LBD02380-02-1
              

A. 4430                             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

A. 4430                             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;

A. 4430                             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.

A. 4430                             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 THE SOCIAL SERVICES LAW 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 family court act is amended by adding a new section 756-b  to
read as follows:
  S  756-B.  EDUCATIONAL  STABILITY. WHEN A CHILD HAS BEEN PLACED IN THE
PROTECTIVE CUSTODY, CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF  THE
COMMISSIONER  OF  SOCIAL  SERVICES  PURSUANT  TO  SECTION  THREE HUNDRED
FIFTY-EIGHT-A, THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED  EIGHTY-FOUR-A
OF  THE  SOCIAL SERVICES LAW, OR PURSUANT TO ARTICLE SEVEN, TEN OR TEN-A
OF THIS CHAPTER, OR HAS BEEN DIRECTLY PLACED PURSUANT TO ARTICLE TEN  OR
TEN-A OF THIS CHAPTER, THE COURT MAY, AT THE TIME OF PLACEMENT OR AT ANY
TIME  THROUGHOUT  THE DURATION OF THE PLACEMENT, ISSUE AN ORDER PURSUANT

A. 4430                             6

TO SECTION THREE HUNDRED SEVENTY-THREE-B  OF  THE  SOCIAL  SERVICES  LAW
REGARDING  WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD TO REMAIN IN
HIS OR HER SCHOOL OF ORIGIN.
  S 4. The family court act is amended by adding a new section 1055-c to
read as follows:
  S  1055-C.  EDUCATIONAL STABILITY. WHEN A CHILD HAS BEEN PLACED IN THE
PROTECTIVE CUSTODY, CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF  THE
LOCAL  COMMISSIONER OF SOCIAL SERVICES PURSUANT TO SECTION THREE HUNDRED
FIFTY-EIGHT-A, THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED  EIGHTY-FOUR-A
OF THE SOCIAL SERVICES LAW, OR PURSUANT TO THIS ARTICLE OR ARTICLE SEVEN
OR  TEN-A  OF THIS CHAPTER, OR HAS BEEN DIRECTLY PLACED PURSUANT TO THIS
ARTICLE OR ARTICLE TEN-A OF THIS CHAPTER, THE COURT MAY, AT THE TIME  OF
PLACEMENT OR AT ANY TIME THROUGHOUT THE DURATION OF THE PLACEMENT, ISSUE
AN ORDER PURSUANT TO SECTION THREE HUNDRED SEVENTY-THREE-B OF THE SOCIAL
SERVICES  LAW REGARDING WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD
TO REMAIN IN HIS OR HER SCHOOL OF ORIGIN.
  S 5. Paragraphs 2 and 5 of subdivision (c)  of  section  1089  of  the
family  court  act, as added by section 27 of part A of chapter 3 of the
laws of 2005, subparagraph (viii) of paragraph 5 as amended  by  section
10  of part B of chapter 327 of the laws of 2007, are amended to read as
follows:
  (2) the health, well-being, and status of the  child  since  the  last
hearing including:
  (i) a description of the child's health and well-being;
  (ii) information regarding the child's current placement;
  (iii)  an  update  on the educational and other progress the child has
made since the last hearing including a description of  the  steps  that
have  been  taken  by  the  local  social services district or agency to
ENSURE EDUCATIONAL STABILITY FOR THE CHILD AND TO enable prompt delivery
of appropriate educational and vocational services to the child, includ-
ing, but not [be] limited to:
  (A) where the child is subject to article sixty-five of the  education
law or elects to participate in an educational program leading to a high
school  diploma,  the  steps  that the local social services district or
agency has taken to promptly enable the  child  to  be  enrolled  or  to
continue  enrollment  in  an  appropriate  school or educational program
leading to a high school diploma;
  (B) where the child is eligible to be enrolled in  a  pre-kindergarten
program  pursuant  to  section thirty-six hundred two-e of the education
law, the steps that the local social services  district  or  agency  has
taken  to  promptly  enable  the  child to be enrolled in an appropriate
pre-kindergarten program, if available;
  (C) where the child is under three years of age and is involved in  an
indicated  case  of  child  abuse  or neglect, or where the local social
services district suspects that the  child  may  have  a  disability  as
defined  in subdivision five of section twenty-five hundred forty-one of
the public health law or if the child has been found eligible to receive
early intervention or special educational services prior  to  or  during
the  foster  care  placement,  in accordance with title two-A of article
twenty-five of the public health  law  or  article  eighty-nine  of  the
education  law,  the  steps  that  the local social services district or
agency has taken to make any necessary referrals of the child for  early
intervention,  pre-school  special  educational  or  special educational
evaluations or services, as appropriate, and any  available  information
regarding  any  evaluations and services which are being provided or are
scheduled to be provided in accordance with applicable law; and

A. 4430                             7

  (D) where the child is at least sixteen and  not  subject  to  article
sixty-five  of  the  education  law  and elects not to participate in an
educational program leading to a high school diploma, the steps that the
local social services district has taken to assist the child  to  become
gainfully employed or enrolled in a vocational program;
  (iv)  a  description  of  the  visitation plan or plans describing the
persons with whom the child visits,  including  any  siblings,  and  the
frequency, duration and quality of the visits;
  (v)  where  a child has attained the age of fourteen, a description of
the services and assistance that are being provided to enable the  child
to learn independent living skills; and
  (vi) a description of any other services being provided to the child;
  (5) the recommended permanency plan including:
  (i)  a recommendation regarding whether the child's current permanency
goal should be continued or modified,  the  reasons  therefor,  and  the
anticipated date for meeting the goal;
  (ii)  a  recommendation regarding whether the child's placement should
be extended and the reasons for the recommendation;
  (iii) any proposed changes in the  child's  current  placement,  trial
discharge  or  discharge that may occur before the next permanency hear-
ing;
  (iv) a description of the steps that will be taken by the local social
services district or agency to PROVIDE FOR EDUCATIONAL STABILITY FOR THE
CHILD AND TO continue to enable prompt delivery  of  appropriate  educa-
tional and vocational services to the child in his or her current place-
ment  and  during any potential change in the child's foster care place-
ment, during any trial discharge, and after discharge of  the  child  in
accordance  with  the  plans  for  the  child's placement until the next
permanency hearing;
  (v) whether any modification to the visitation plan or plans is recom-
mended and the reasons therefor;
  (vi) where a child has attained the age of fourteen or will attain the
age of fourteen before the next permanency hearing, a description of the
services and assistance that will be provided to  enable  the  child  to
learn independent living skills;
  (vii)  where  a  child has been placed outside this state, whether the
out-of-state placement continues to be appropriate, necessary and in the
best interests of the child;
  (viii) where return home of the child is not likely, the efforts  that
will  be  made to evaluate or plan for another permanent plan, including
consideration of appropriate in-state and out-of-state placements; and
  (ix) in the case of a child who has been freed for adoption:
  (A) a description of services and assistance that will be provided  to
the  child  and the prospective adoptive parent to expedite the adoption
of the child;
  (B) information regarding the child's eligibility for adoption subsidy
pursuant to title nine of article six of the social services law; and
  (C) if the child is over age fourteen and has voluntarily withheld his
or her consent to an adoption, the facts and circumstances regarding the
child's decision to withhold consent and the reasons therefor.
  S 6. Subparagraph (v) of paragraph 2 of  subdivision  (d)  of  section
1089  of the family court act, as added by section 27 of part A of chap-
ter 3 of the laws of 2005, is amended to read as follows:
  (v) the steps that must be taken by the local social services official
or agency to implement the educational and vocational program components
of the permanency hearing report submitted pursuant to  subdivision  (c)

A. 4430                             8

of this section, and any modifications that should be made to such plan,
INCLUDING STEPS TO ENSURE EDUCATIONAL STABILITY FOR THE CHILD AND, WHERE
APPROPRIATE,  AN ORDER PURSUANT TO SECTION THREE HUNDRED SEVENTY-THREE-B
OF THE SOCIAL SERVICES LAW REGARDING WHETHER IT IS IN THE BEST INTERESTS
OF THE CHILD TO REMAIN IN HIS OR HER SCHOOL OF ORIGIN;
  S  7.  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 8. Subdivision 1 of section 3209 of the education law, as  added  by
chapter  569  of  the  laws  of 1994, paragraphs a and a-1 as amended by
chapter 101 of the laws of 2003, is amended to read as follows:
  1. Definitions.
  a. Homeless child. For the purposes of this article, the  term  "home-
less child" OR "CHILD WHO IS HOMELESS" shall mean:
  (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.
  (3)  THE  TERM  "CHILD AWAITING FOSTER CARE PLACEMENT" SHALL INCLUDE A
CHILD IN OUT-OF-HOME CARE AS DEFINED IN PARAGRAPH B OF THIS  SUBDIVISION
THROUGH  THE  END  OF  THE  SCHOOL  YEAR  IN  WHICH  THE  CHILD  ENTERED
OUT-OF-HOME CARE.
  [a-1.] (4) Exception. For the purposes of this article the term "home-
less child" OR A "CHILD WHO IS HOMELESS" 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.
  b.  CHILD  IN OUT-OF-HOME CARE. FOR PURPOSES OF THIS ARTICLE, A "CHILD
IN OUT-OF-HOME CARE" SHALL MEAN A CHILD WHO:
  (1) 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 THE SOCIAL SERVICES LAW,
OR PURSUANT TO ARTICLE SEVEN, TEN OR TEN-A OF THE FAMILY COURT ACT; OR

A. 4430                             9

  (2) HAS BEEN DIRECTLY PLACED WITH A RELATIVE PURSUANT TO  ARTICLE  TEN
OR TEN-A OF THE FAMILY COURT ACT; AND
CHILD  IN  OUT-OF-HOME  CARE  DOES  NOT INCLUDE A CHILD IN NON-SECURE OR
SECURE DETENTION FACILITIES.
  C. 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[.]; OR
  (4) THE LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SUBDIVISIONS
FOUR AND EIGHT OF SECTION THREE HUNDRED SEVENTY-THREE-B  OF  THE  SOCIAL
SERVICES LAW, WHERE THE CHILD IS IN OUT-OF-HOME CARE.
  [c]  D.  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 WHO IS HOMELESS OR IN OUT-OF-HOME CARE was
attending a public school on a tuition-free basis  or  was  entitled  to
attend  when circumstances arose which caused such child to become home-
less[, which is different from the school district of current  location]
OR  WHEN  THE  CHILD WAS PLACED IN OUT-OF-HOME CARE. 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,  EXCEPT  WHERE  CONTINUING  THE
CHILD'S  EDUCATION  IN THE SCHOOL OF ORIGIN IS DETERMINED BY SUCH SCHOOL
DISTRICT NOT TO BE IN THE BEST INTERESTS OF THE  CHILD.  NOTWITHSTANDING
THE  FOREGOING,  THE BEST INTERESTS OF A CHILD IN OUT-OF-HOME CARE SHALL
BE DETERMINED SOLELY THROUGH  AN  AGREEMENT  BETWEEN  THE  LOCAL  SOCIAL
SERVICES  DISTRICT,  THE  BIRTH  OR ADOPTIVE PARENT OF THE CHILD AND THE
ATTORNEY FOR THE CHILD, AFTER CONSULTATION WITH THE  CHILD,  OR  BY  THE
FAMILY  COURT IN ACCORDANCE WITH SUBDIVISIONS SEVEN AND EIGHT OF SECTION
THREE HUNDRED SEVENTY-THREE-B OF THE SOCIAL SERVICES LAW.
  [d] E. 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] OR WHERE THE CHILD IS RESIDING IN OUT-OF-HOME
CARE.    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] OTHER students who live in the same
attendance zone [in which] AS the [homeless] child [or youth  is  tempo-
rarily  residing] WHO IS HOMELESS OR IN OUT-OF-HOME CARE are entitled to
attend.
  [e] F.  Regional placement plan. The term  "regional  placement  plan"
shall  mean a comprehensive regional approach to the provision of educa-
tional placements for homeless children which has been approved  by  the
commissioner.
  G. SCHOOL OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN:
  (I)  THE PUBLIC SCHOOL THAT THE CHILD ATTENDED WHEN PERMANENTLY HOUSED
AND CIRCUMSTANCES AROSE WHICH CAUSED THE CHILD TO BECOME HOMELESS; OR
  (II) THE PUBLIC SCHOOL THAT THE CHILD  ATTENDED  OR  WAS  ENTITLED  TO
ATTEND WHEN PLACED IN OUT-OF-HOME CARE; OR

A. 4430                            10

  (III) THE SCHOOL IN WHICH THE CHILD WAS LAST ENROLLED.
  H.  TEMPORARY  HOUSING  ARRANGEMENT  OR LOCATION. THE TERMS "TEMPORARY
HOUSING ARRANGEMENT" AND "TEMPORARY HOUSING LOCATION" SHALL MEAN ANY  OF
THE  NIGHTTIME  RESIDENCES OR LOCATIONS DESCRIBED IN PARAGRAPH A OF THIS
SUBDIVISION OR THE LOCATION OF ANY OUT-OF-HOME CARE PLACEMENT  DESCRIBED
IN PARAGRAPH B OF THIS SUBDIVISION.
  I.  THE  TERM  "HOMELESS  CHILD" AND "CHILD IN OUT-OF-HOME CARE" SHALL
INCLUDE A CHILD ELIGIBLE TO RECEIVE UNIVERSAL PRE-KINDERGARTEN  SERVICES
OR  A  PRESCHOOL  CHILD WITH A DISABILITY PURSUANT TO SECTION FORTY-FOUR
HUNDRED TEN OF THIS CHAPTER. SERVICES FOR A CHILD WHO IS HOMELESS OR  IN
OUT-OF-HOME  CARE,  AND WHO IS A PRESCHOOL CHILD WITH A DISABILITY SHALL
BE PROVIDED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN-A OF  THIS  CHAP-
TER.
  S  9.  Paragraph  a  of subdivision 1 of section 3209 of the education
law, as added by chapter 569 of the laws of 1994, is amended 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 TERM "CHILD AWAITING FOSTER CARE PLACEMENT"  SHALL  INCLUDE  A
CHILD  IN OUT-OF-HOME CARE AS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION
THROUGH  THE  END  OF  THE  SCHOOL  YEAR  IN  WHICH  THE  CHILD  ENTERED
OUT-OF-HOME CARE.
  (4)  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.
  S  10.  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

A. 4430                            11

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
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:

A. 4430                            12

  (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
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

A. 4430                            13

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 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 CHILD WHO IS HOMELESS OR IN  OUT-OF-HOME  CARE  BECOMES
PERMANENTLY  HOUSED BY REASON OF PLACEMENT IN ONE OF THE FOLLOWING RESI-
DENTIAL 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) 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:
  (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,

A. 4430                            14

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 11. 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
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.

A. 4430                            15

  S 12. 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-
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

A. 4430                            16

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
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.

A. 4430                            17

  S 13. 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  14.  Subdivision 1 of section 4410-a of the education law, as added
by chapter 53 of the laws of 1990 and renumbered by chapter 705  of  the
laws of 1992, 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, is amended to  read  as
follows:
  1.  Definitions.  For the purpose of this section, the following defi-
nitions shall apply:
  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-

A. 4430                            18

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 15. 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-
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 16. 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

A. 4430                            19

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 17.   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 18. This act shall take effect on the first of July after  it  shall
have become a law, provided, however, that the amendments to paragraph a
of  subdivision  1  of section 3209 of the education law made by section
eight of this act shall be subject to the expiration  and  reversion  of
such paragraph pursuant to section 5 of chapter 101 of the laws of 2003,
as  amended,  when upon such date the provisions of section nine of this
act shall take effect; and provided further that the amendments to para-
graph a-1 of subdivision 1 of section 3209 of the education law made  by
section  eight of this act shall not affect the expiration and reversion
of such paragraph and shall be deemed to expire therewith.