NY State Senate Bill 2015-S6373

Senate Bill S6373

2015-2016 Legislative Session

Ensures that preschoolers with disabilities living in temporary housing shall maintain enrollment in their preschool special education program in the district of origin

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	referred to education delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1559 committee discharged and committed to rules
Jan 07, 2016	referred to education

Votes

- Jun 9, 2016 - Floor Vote
  S6373
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto
  Jun 8, 2016 - Rules Committee Vote
  S6373
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Little
      
      Seward
      
      excused (1)
      
      Espaillat

2015-S6373 (ACTIVE) - Details

See Assembly Version of this Bill:: A8639
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §4410-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1877, A2559
2019-2020: S4833, A4183

2015-S6373 (ACTIVE) - Summary

Ensures that preschoolers with disabilities living in temporary housing shall maintain enrollment in their preschool special education program in the district of origin.

2015-S6373 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6373

 TITLE OF BILL :

An act to amend the education law, in relation to the education of a
preschool child with a handicapping condition

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation promotes school stability for preschool students with
disabilities who are placed in foster care or become homeless by
allowing the child's original school district to retain responsibility
for preschool special education evaluation and placement in certain
situations.

 SUMMARY OF PROVISIONS :

Section 1. Section 4401-a of the Education law, as amended by Chapter
705 of the Laws of 1992, is amended.

Section 2. Section 4401-a as amended by Chapter 280 of the Laws of
1994 is amended.

Section 3. Effective date.

 JUSTIFICATION :

Current law provides protections to promote school stability for
school-age students in foster care and school-age students who are
homeless. Students placed in foster care have the right to remain in
their original schools unless the child welfare agency determines that
it is not in their best interest to do so. For students who are
homeless, the child's parent may choose to keep the student in the
original school or to transfer the student to a school in the school
district where the student's temporary housing is located.

However, currently, state law does not give these protections to
preschool students with disabilities. Rather, for preschool students
with disabilities who are placed in foster care or become homeless,
state law requires the child's new school district to assume
responsibility for preschool special education evaluation and
placement. This mandatory transfer can cause preschool students with
disabilities to lose their preschool special education placements and
experience gaps in services.

This legislation ensures that preschool students with disabilities who
are placed in foster care or who become homeless have school stability
protections. It enables the original school district to retain
responsibility for preschool special education evaluation and
placement when a child becomes homeless and the parent chooses this
option or when a child is placed in foster care unless the child
welfare agency determines it is not in the child's best interest.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2015-S6373 (ACTIVE) - Bill Text download pdf

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

                                  6373

                            I N  S E N A T E

                             January 7, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- 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  the  education  of  a
  preschool child with a handicapping condition

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

  Section 1.  Paragraphs d, e and g of subdivision 1 of  section  4410-a
of the education law, as amended by chapter 705 of the laws of 1992, are
amended and a new paragraph i is added to read as follows:
  d.  "Municipality of current location" FOR A CHILD IN FOSTER CARE OR A
CHILD IN RESIDENTIAL CARE 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 family, or at the time
such child was admitted for care and/or treatment in a facility licensed
or  operated  by  another  state agency.   PROVIDED, HOWEVER, THAT FOR A
CHILD WHO IS HOMELESS "MUNICIPALITY OF CURRENT LOCATION" SHALL MEAN  THE
MUNICIPALITY  IN  WHICH  THE  HOTEL,  MOTEL, SHELTER, OR OTHER TEMPORARY
HOUSING ARRANGEMENT OF A HOMELESS CHILD IS LOCATED, WHICH  IS  DIFFERENT
FROM THE MUNICIPALITY OF RESIDENCE.
  e.  "Municipality  of residence" FOR A CHILD IN FOSTER CARE OR A CHILD
IN RESIDENTIAL CARE 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, or at
the time such child was admitted for care and/or treatment in a facility
licensed or operated by another state agency.  PROVIDED,  HOWEVER,  THAT
FOR  A  CHILD WHO IS HOMELESS "MUNICIPALITY OF RESIDENCE" SHALL MEAN THE
MUNICIPALITY IN WHICH A CHILD OR SUCH CHILD'S FAMILY LIVED WHEN  CIRCUM-
STANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
  g. "School district of current location" FOR A CHILD IN FOSTER CARE OR
A  CHILD  IN  RESIDENTIAL  CARE  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

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

                                                           LBD13018-02-5

S. 6373                             2

the time such child was admitted for care and/or treatment in a facility
licensed or operated by another state agency.  PROVIDED,  HOWEVER,  THAT
FOR  A CHILD WHO IS HOMELESS "SCHOOL DISTRICT OF CURRENT LOCATION" SHALL
MEAN  THE  SCHOOL  DISTRICT IN WHICH THE HOTEL, MOTEL, SHELTER, OR OTHER
TEMPORARY HOUSING ARRANGEMENT OF A HOMELESS CHILD IS LOCATED,  WHICH  IS
DIFFERENT FROM THE SCHOOL DISTRICT OF RESIDENCE.
  I.  "SCHOOL  DISTRICT  OF  RESIDENCE"  FOR A CHILD IN FOSTER CARE OR A
CHILD IN RESIDENTIAL CARE SHALL MEAN THE  SCHOOL  DISTRICT  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 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,  WHICH  IS
DIFFERENT FROM THE SCHOOL DISTRICT OF CURRENT LOCATION. PROVIDED, HOWEV-
ER,  THAT  FOR  A  CHILD  WHO IS HOMELESS "SCHOOL DISTRICT OF RESIDENCE"
SHALL MEAN THE SCHOOL DISTRICT IN WHICH A CHILD OR SUCH  CHILD'S  FAMILY
LIVED  WHEN  CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOME-
LESS, WHICH IS DIFFERENT FROM THE SCHOOL DISTRICT OF CURRENT LOCATION.
  S 2. Subdivisions 2 and 3 of section 4410-a of the education  law,  as
amended  by  chapter  280  of  the  laws of 1994, are amended to read as
follows:
  2. School district evaluation and placement responsibility.  A.  CHILD
IN  RESIDENTIAL  CARE.  The  school  district  of  current location of a
[foster care or homeless child or] child in residential  care  shall  be
responsible for the evaluation and placement procedures prescribed for a
preschool  child  suspected  of having a handicapping condition OR FOR A
PRESCHOOL CHILD WITH A DISABILITY pursuant to section forty-four hundred
ten of this chapter.
  B. CHILD IN FOSTER CARE. FOR  A  CHILD  IN  FOSTER  CARE,  THE  SCHOOL
DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR THE EVALUATION AND PLACE-
MENT  PROCEDURES  PRESCRIBED FOR A PRESCHOOL CHILD SUSPECTED OF HAVING A
HANDICAPPING CONDITION OR FOR A PRESCHOOL CHILD WITH A DISABILITY PURSU-
ANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, UNLESS THE  CHILD
WELFARE  AGENCY  DETERMINES  THAT IT IS IN THE CHILD'S BEST INTERESTS TO
TRANSFER  SUCH  RESPONSIBILITIES  TO  THE  SCHOOL  DISTRICT  OF  CURRENT
LOCATION.
  C.  CHILD  WHO IS HOMELESS. FOR A CHILD WHO IS HOMELESS, THE PARENT OR
THE PERSON IN PARENTAL RELATION TO THE HOMELESS  CHILD  SHALL  DESIGNATE
EITHER  THE  SCHOOL  DISTRICT  OF  RESIDENCE  OR  THE SCHOOL DISTRICT OF
CURRENT LOCATION AND SUCH DESIGNATED DISTRICT SHALL BE  RESPONSIBLE  FOR
THE EVALUATION AND PLACEMENT PROCEDURES PRESCRIBED FOR A PRESCHOOL CHILD
SUSPECTED  OF  HAVING  A HANDICAPPING CONDITION OR FOR A PRESCHOOL CHILD
WITH A DISABILITY PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS
CHAPTER.
  D.  In  issuing  its  written notice of determination of services, the
board of education of [such] THE school  district  WITH  EVALUATION  AND
PLACEMENT RESPONSIBILITY AS DETERMINED IN PARAGRAPHS A, B, AND C OF THIS
SUBDIVISION shall identify the municipality of residence AND THE MUNICI-
PALITY  OF  CURRENT  LOCATION  of  a preschool child with a handicapping
condition who is a foster care or homeless child or child in residential
care.  Such notice of determination shall be  transmitted  to  both  the
municipality of residence and the municipality of current location.
  3.  Contract and payment responsibility.  The municipality [of current
location] IN WHICH THE SCHOOL DISTRICT THAT HAS EVALUATION AND PLACEMENT
RESPONSIBILITY IS LOCATED 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

S. 6373                             3

forty-four hundred ten of this chapter provided, however, that, notwith-
standing  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 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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