S T A T E O F N E W Y O R K
________________________________________________________________________
5460
2015-2016 Regular Sessions
I N A S S E M B L Y
February 24, 2015
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Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the family court act and the domestic relations law, in
relation to granting certain non-parents the authority to enroll
certain children in school
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 657 of the family court act, as
added by chapter 404 of the laws of 2008, is amended to read as follows:
(a) 1. Notwithstanding any provision of the law to the contrary, a
person possessing a lawful order of guardianship or custody of a minor
child, who is not the parent of such child, may enroll such child in
public school in the applicable school district where he or she and such
child reside. Upon application for enrollment of a minor child by a
guardian or custodian who is not the parent of such child, a public
school shall enroll such child for such time as the child resides with
the guardian or custodian in the applicable school district, upon
verification that the guardian or custodian possess a lawful order of
guardianship or custody for such child and that the guardian or custo-
dian and the child properly reside in the same household within the
school district.
2. NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, A PERSON
WHO: (I) HAS ASSUMED THE CARE AND CONTROL OF A MINOR CHILD THAT IS
RESIDING PERMANENTLY IN SUCH PERSON'S HOME; (II) IS NOT THE PARENT OF
SUCH CHILD; AND (III) DOES NOT POSSESS A LAWFUL ORDER OF GUARDIANSHIP OR
CUSTODY FOR SUCH CHILD, MAY ENROLL SUCH CHILD IN PUBLIC SCHOOL IN THE
APPLICABLE SCHOOL DISTRICT WHERE HE OR SHE AND SUCH CHILD RESIDE. UPON
APPLICATION FOR ENROLLMENT OF A MINOR CHILD BY SUCH PERSON, A PUBLIC
SCHOOL SHALL ENROLL SUCH CHILD FOR SUCH TIME AS THE CHILD RESIDES WITH
THE PERSON IN THE APPLICABLE SCHOOL DISTRICT, UPON VERIFICATION THAT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08205-01-5
A. 5460 2
CHILD PROPERLY RESIDES WITH SUCH PERSON IN A HOUSEHOLD WITHIN THE SCHOOL
DISTRICT AND THAT SUCH PERSON HAS ASSUMED CARE AND CONTROL OF THE CHILD.
S 2. Subdivision 1 of section 74 of the domestic relations law, as
added by chapter 404 of the laws of 2008, is amended to read as follows:
1. (A) Notwithstanding any provision of law to the contrary, a person
possessing a lawful order of guardianship or custody of a minor child,
who is not the parent of such child, may enroll such child in public
school in the applicable school district where he or she and such child
reside. Upon application for enrollment of a minor child by a guardian
or custodian who is not the parent of such child, a public school shall
enroll such child for such time as the child resides with the guardian
or custodian in the applicable school district, upon verification that
the guardian or custodian possess a lawful order of custody for such
child and that the guardian or custodian and the child properly reside
in the same household within the school district.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PERSON
WHO: (I) HAS ASSUMED THE CARE AND CONTROL OF A MINOR CHILD THAT IS
RESIDING PERMANENTLY IN SUCH PERSON'S HOME; (II) IS NOT THE PARENT OF
SUCH CHILD; AND (III) DOES NOT POSSESS A LAWFUL ORDER OF GUARDIANSHIP OR
CUSTODY FOR SUCH CHILD, MAY ENROLL SUCH CHILD IN PUBLIC SCHOOL IN THE
APPLICABLE SCHOOL DISTRICT WHERE HE OR SHE AND SUCH CHILD RESIDE. UPON
APPLICATION FOR ENROLLMENT OF A MINOR CHILD BY SUCH PERSON, A PUBLIC
SCHOOL SHALL ENROLL SUCH CHILD FOR SUCH TIME AS THE CHILD RESIDES WITH
THE PERSON IN THE APPLICABLE SCHOOL DISTRICT, UPON VERIFICATION THAT THE
CHILD PROPERLY RESIDES WITH SUCH PERSON IN A HOUSEHOLD WITHIN THE SCHOOL
DISTRICT AND THAT SUCH PERSON HAS ASSUMED CARE AND CONTROL OF THE CHILD.
S 3. This act shall take effect immediately.