S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4795
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BLAKE,  RICHARDSON,  HEVESI -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to promoting  the  inclu-
   sion  of  children  living  in  temporary  housing  in prekindergarten
   programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3602-e of the education law is amended by adding a
 new subdivision 19 to read as follows:
   19. EACH SCHOOL DISTRICT IMPLEMENTING A PREKINDERGARTEN PROGRAM  SHALL
 PROMOTE  THE INCLUSION OF HOMELESS CHILDREN, AS DEFINED IN SECTION THIR-
 TY-TWO HUNDRED NINE OF THIS CHAPTER.
   A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  WHERE
 THE  CLASS  SIZE  FOR  A  PREKINDERGARTEN  CLASS HAS REACHED ITS MAXIMUM
 CAPACITY, AS DETERMINED BY REGULATIONS OF THE COMMISSIONER,  THE  SCHOOL
 DISTRICT  IN WHICH A HOMELESS CHILD IS CURRENTLY TEMPORARILY HOUSED IN A
 MOTEL, HOTEL, SHELTER  OR  OTHER  TEMPORARY  HOUSING  ARRANGEMENT  SHALL
 PRIORITIZE  SUCH  CHILD'S  PLACEMENT ON ANY WAITLIST FOR ENROLLMENT IN A
 PREKINDERGARTEN PROGRAM.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  WHERE
 THE  CLASS  SIZE  FOR A PREKINDERGARTEN CLASS NECESSITATES THE HIRING OF
 ADDITIONAL STAFF, AS DETERMINED BY REGULATIONS OF THE  COMMISSIONER,  TO
 ACCOMMODATE  THE  ENROLLMENT  OF  A  HOMELESS CHILD, THE SCHOOL DISTRICT
 SHALL BE REIMBURSED BY THE DEPARTMENT FOR THE DIRECT COST OF HIRING SUCH
 ADDITIONAL STAFF, NOT OTHERWISE REIMBURSED UNDER OTHER FEDERAL PROGRAMS,
 CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rules or regulations necessary for the  implementa-
 tion  of  this act on its effective date are authorized to be made on or
 before such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08795-01-9