S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7000
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced by Sen. MANNION -- (at request of the State Education Depart-
   ment)  --  read  twice  and  ordered  printed,  and when printed to be
   committed to the Committee on Disabilities
 
 AN ACT to amend the education law, in relation to the responsibility for
   certain temporary-resident preschool children with disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4410-a of the education law, as added by chapter 53
 of  the  laws  of  1990  and as renumbered by chapter 705 of the laws of
 1992, paragraph b of subdivision 1 as amended by chapter 569 of the laws
 of 1994, paragraphs d, e and g of subdivision 1 as  amended  by  chapter
 705  of  the  laws  of  1992, paragraph f of subdivision 1 as amended by
 chapter 474 of the laws of 1996, paragraph h of subdivision 1 and subdi-
 visions 2, 3, and 4 as amended by chapter 280 of the laws  of  1994,  is
 amended to read as follows:
   §  4410-a.  Responsibility  for  certain  temporary-resident preschool
 children with [handicapping conditions]  DISABILITIES.  1.  Definitions.
 For the purpose of this section, the following definitions shall apply:
   a.  "[Foster  care  child]  CHILD  IN  FOSTER CARE" shall mean a child
 placed in foster care by a social services district.
   b. "[Homeless child] CHILD WHO IS  HOMELESS"  shall  mean  a  homeless
 child as defined in paragraph 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] OF ORIGIN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03197-01-3
              

 S. 7000                             2
 
   e. "Municipality of [residence] ORIGIN" shall mean:
   (I)  FOR  A CHILD IN FOSTER CARE, the municipality WITHIN THE STATE OF
 NEW YORK in which a child or  such  child's  [family  lived]  PARENT  OR
 PERSON  IN  PARENTAL  RELATION  RESIDED  at  the  time [the local social
 services district assumed responsibility for the placement of such child
 or family, or at the time] OF PLACEMENT INTO FOSTER CARE WHEN THE SOCIAL
 SERVICES DISTRICT ASSUMED CARE AND CUSTODY OR CUSTODY  AND  GUARDIANSHIP
 OF SUCH CHILD;
   (II) FOR A CHILD WHO IS HOMELESS, THE MUNICIPALITY WITHIN THE STATE OF
 NEW  YORK  IN WHICH A CHILD OR SUCH CHILD'S PARENT OR PERSON IN PARENTAL
 RELATION RESIDED WHEN CIRCUMSTANCES AROSE WHICH  CAUSED  SUCH  CHILD  TO
 BECOME HOMELESS; AND
   (III)  FOR  A  CHILD  IN RESIDENTIAL CARE, THE MUNICIPALITY WITHIN THE
 STATE OF NEW YORK IN WHICH A CHILD OR SUCH CHILD'S PARENT OR  PERSON  IN
 PARENTAL  RELATION  RESIDED AT THE TIME such child was admitted for care
 and/or treatment in a facility licensed or operated by [another] A state
 agency, OTHER THAN THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   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" FOR A CHILD WHO  IS  HOMELESS
 OR  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 the time
 such child was admitted for care and/or treatment in a facility licensed
 or  operated  by  another state agency] OF ORIGIN. FOR A CHILD IN FOSTER
 CARE SUCH TERMS SHALL MEAN "SCHOOL DISTRICT  RESIDENCE"  AS  DEFINED  IN
 SECTION THIRTY-TWO HUNDRED FORTY-FOUR OF THIS CHAPTER.
   h. "Child in residential care" shall mean a child residing in a facil-
 ity,  HOSPITAL  OR INSTITUTION licensed or operated by [another] A state
 agency, OTHER THAN THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  as
 defined  by SUBDIVISION SIX OF section 1.03 of the mental hygiene law or
 by PARAGRAPH (M) OF SUBDIVISION ONE OF section two of the public  health
 law.
   I. "SCHOOL DISTRICT OF ORIGIN" SHALL MEAN:
   (I)  FOR  A CHILD IN FOSTER CARE, THE SCHOOL DISTRICT WITHIN THE STATE
 OF NEW YORK IN WHICH THE CHILD IN FOSTER CARE  WAS  ATTENDING  A  PUBLIC
 PRESCHOOL  ON  A  TUITION-FREE BASIS OR WAS ENTITLED TO ATTEND, OR WOULD
 HAVE BEEN ENTITLED TO ATTEND HAD THE CHILD  BEEN  THE  ELIGIBLE  AGE  TO
 ATTEND,  AT  THE  TIME  OF  PLACEMENT  INTO  FOSTER CARE WHEN THE SOCIAL
 SERVICES DISTRICT  ASSUMED CARE AND CUSTODY OR CUSTODY AND  GUARDIANSHIP
 OF SUCH CHILD;
   (II)  FOR  A    CHILD  WHO IS HOMELESS, THE SCHOOL DISTRICT WITHIN THE
 STATE OF NEW YORK IN WHICH A CHILD  WHO  IS  HOMELESS  WAS  ATTENDING  A
 PUBLIC  PRESCHOOL  ON A TUITION-FREE BASIS OR WAS ENTITLED TO ATTEND, OR
 WOULD HAVE BEEN ENTITLED TO ATTEND HAD THE CHILD BEEN THE  ELIGIBLE  AGE
 TO  ATTEND,  WHEN  CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME
 HOMELESS; AND
   (III) FOR A CHILD IN RESIDENTIAL CARE, THE SCHOOL DISTRICT WITHIN  THE
 STATE OF NEW YORK IN WHICH A CHILD WAS ATTENDING A PUBLIC PRESCHOOL ON A
 TUITION-FREE  BASIS  OR WAS ENTITLED TO ATTEND, OR WOULD HAVE BEEN ENTI-
 TLED TO ATTEND HAD THE CHILD BEEN THE ELIGIBLE AGE  TO  ATTEND,  AT  THE
 TIME  SUCH  CHILD  WAS  ADMITTED FOR CARE AND/OR TREATMENT IN A FACILITY
 S. 7000                             3
 
 LICENSED OR OPERATED BY A STATE AGENCY, OTHER THAN THE OFFICE  OF  CHIL-
 DREN AND FAMILY SERVICES.
   2.  School  district  evaluation and placement responsibility.  A. 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  OR  WHO  HAS  a  [handicapping condition] DISABILITY pursuant to
 section forty-four hundred ten of this [chapter] ARTICLE.
   B. THE SCHOOL DISTRICT OF ORIGIN OR THE  SCHOOL  DISTRICT  OF  CURRENT
 LOCATION  OF A CHILD IN FOSTER CARE DESIGNATED PURSUANT TO PARAGRAPH (A)
 OF SUBDIVISION TWO OF SECTION  THIRTY-TWO  HUNDRED  FORTY-FOUR  OF  THIS
 CHAPTER SHALL BE RESPONSIBLE FOR THE EVALUATION AND PLACEMENT PROCEDURES
 PRESCRIBED  FOR A PRESCHOOL CHILD SUSPECTED OF HAVING OR WHO HAS A DISA-
 BILITY PURSUANT TO SECTION  FORTY-FOUR  HUNDRED  TEN  OF  THIS  ARTICLE,
 SUBJECT  TO  A  BEST INTEREST DETERMINATION PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FORTY-FOUR OF  THIS  CHAP-
 TER.
   C.  THE  SCHOOL  DISTRICT  OF ORIGIN OR THE SCHOOL DISTRICT OF CURRENT
 LOCATION OF A CHILD WHO IS HOMELESS DESIGNATED PURSUANT  TO  SUBDIVISION
 TWO  OF SECTION THIRTY-TWO HUNDRED NINE OF THIS CHAPTER SHALL BE RESPON-
 SIBLE FOR THE EVALUATION  AND  PLACEMENT  PROCEDURES  PRESCRIBED  FOR  A
 PRESCHOOL  CHILD SUSPECTED OF HAVING OR WHO HAS A DISABILITY PURSUANT TO
 SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE, SUBJECT TO A BEST INTER-
 EST DETERMINATION PURSUANT TO  SUBPARAGRAPH  THREE  OF  PARAGRAPH  F  OF
 SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED NINE 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 PURSUANT TO PARAGRAPHS A, B, AND
 C OF THIS SUBDIVISION shall identify  the  municipality  of  [residence]
 ORIGIN  AND  THE  MUNICIPALITY OF CURRENT LOCATION, of a preschool child
 with a [handicapping condition] DISABILITY who is a CHILD IN foster care
 or [homeless] child WHO IS HOMELESS or child in residential  care.  Such
 notice of determination shall be transmitted to both the municipality of
 [residence] ORIGIN and the municipality of current location.
   3.  Contract  and payment responsibility. The municipality of [current
 location] THE SCHOOL DISTRICT WHICH IS DETERMINED TO BE RESPONSIBLE  FOR
 THE  EVALUATION AND PLACEMENT OF SUCH CHILD, PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION, shall be the municipality of record for  a    preschool
 child  with  a  [handicapping  condition]  DISABILITY  who is a CHILD IN
 foster care or A CHILD WHO IS homeless [child] or A child in residential
 care for the purposes of section forty-four hundred ten of  this  [chap-
 ter]  ARTICLE  provided, however, that, notwithstanding the provision of
 paragraph b of subdivision eleven of such section, IF  THE  MUNICIPALITY
 OF RECORD IS THE MUNICIPALITY OF CURRENT LOCATION, the state shall reim-
 burse  one  hundred  percent  of the approved costs paid by such munici-
 pality which shall be offset by the local contribution due  pursuant  to
 subdivision four of this section.
   4.  Local  contribution.  [The]  IF  THE  MUNICIPALITY  OF  RECORD  AS
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION IS  THE  MUNICIPALITY  OF
 CURRENT LOCATION, THE municipality of [residence] ORIGIN shall be finan-
 cially  responsible  for  the  local contribution which shall equal that
 portion of the approved costs of services to a CHILD IN foster care or A
 CHILD WHO IS homeless [child]  or  child  in  residential  care  with  a
 [handicapping condition] DISABILITY 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-
 S. 7000                             4
 
 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.