NY State Senate Bill 2025-S8370

Senate Bill S8370

2025-2026 Legislative Session

Relates to the responsibility for certain temporary-resident preschool children with disabilities

download bill text pdf

Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2025	referred to rules

2025-S8370 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §4410-a, Ed L

2025-S8370 (ACTIVE) - Summary

Clarifies the responsibility of school districts for certain temporary-resident preschool children with disabilities who are in foster care, are homeless or are in residential care.

2025-S8370 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8370

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the education law, in relation to the responsibility for
certain temporary-resident preschool children with disabilities

 
PURPOSE OF THE BILL:

The purpose of the bill is to clarify the responsibility for certain
temporary-resident preschool children with disabilities.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 4410-a of the Education Law titled
responsibility for temporary-resident preschool children with disabili-
ties. The definitions provided in subdivision one of such section are
amended as follows: the terms "foster care child" and "homeless child"
are renamed "child in foster care" and "child who is homeless," respec-
tively; the definition of "municipality of current location" is rede-
fined as a municipality in which a child lives which is difference from

the municipality of origin; the term "municipality of residence" is
renamed the "municipality of origin." Such definition is amended to
provide that: for a child in foster 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 of placement into foster care when
the social services district assumed care and custody and guardianship
of such child; for a child who is homeless, the municipality with the
state of New York in which a child or such child's parent or person in
parental relation resided when circumstances arose which cause such
child to become homeless; and for a child in residential care, the muni-
cipality within the state of New York in which a child or such child's
parent or person in a parental relation resided at the time such child
was admitted for care and/or treatment in a facility licensed or oper-
ated by another state agency; the definition of the term "school
district to current location" is redefined as a school district in which
a child lives which is different from the school district of origin; the
definition of the term "child in residential care" is amended to clarify
that it applies to children residing in a facility, hospital or institu-
tion licensed or operated by a state agency, other than the office of
children and family services; and a definition for the term "school
district of origin" is added and defined as the school district within
the state of New York in which the child 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 for a child in foster
care, or when circumstances arose which cause such child to become home-
less for a child who is homeless, or at the time such child was admitted
for care and/or treatment in a facility licensed or operated by another
state agency for a child in residential care.

The school district evaluation and placement responsibility provision in
subdivision two of such section is amended to provide that the school
district of current location of a child in residential care is responsi-
ble for the evaluation and placement of a preschool child suspected of
having or who has a disability; the school district of origin or the
school district of current location of a child in foster care designated
pursuant to Education Law § 3244(2)(a) is responsible for the evaluation
and placement of a preschool children suspected of having or 'who has a
disability, subject to a best interest determination; and the school
district of origin or the school district of current location of a child
who is homeless designated pursuant to Education Law § 3209(2)is respon-
sible for the evaluation and placement procedures for a preschool child
suspected of having or who has a disability, subject to a best interest
determination.

The contract and payment responsibility provision in subdivision three
of such section is amended to provide that the school district which is
determined to be responsible for the evaluation and placement of such
children shall be the municipality of record, provided however, that if
the municipality of record is the municipality of current location, the
state shall reimburse one hundred percent of the approved costs paid by
such municipality, offset by the local contribution.

The local contribution provision in subdivision four of such section is
amended to provide that if the municipality of record is the munici-
pality of current location, the municipality of origin shall be finan-
cially responsible of the local contribution.

Section 2 of the bill establishes an effective date of 90 days after it
shall have become a law.

 
STATEMENT IN SUPPORT OF THE BILL:

Currently, section 4410-a of the Education Law provides that the school
district of current location of a child in foster care, child who is
homeless, or child in residential care is responsible for the evaluation
and placement procedures of children suspected of having a disability.
However, the McKinney-Vento Act, reauthorized by the Every Students
Succeeds Act (ESSA), was amended to extend the definition of "school of
origin" to include preschools. Under the McKinney-Vento Act, as imple-
mented by Education Law § 3209, either the school district of origin or
the school district of current location is designated as the school
district of attendance for children who are homeless, subject to a best
interest determination. Similarly, ESSA and Education Law § 3244 provide
that either the school district of origin or the school district of
current location shall be designated as the school district of attend-
ance for children in foster care, subject to a best interest determi-
nation.

Therefore, this bill would make technical amendments to section Educa-
tion Law § 4410-a Law consistent with ESSA and Education Law §§ 3209 and
3244 by providing that, for children in foster care and children who are
homeless, the school district designated pursuant to Education Law §§
3209 and 3244, respectively, shall be responsible for the evaluation and
placement procedures for a preschool child suspected of having or who
has a disability, subject to a best interest determination pursuant to
such sections.

BUDGETARY IMPLICATIONS OF THE BILL:

None. This bill does not require any additional State appropriations.
The municipality of current location, where such municipality is the
municipality of record, will continue to be reimbursed by the state for
one hundred percent of the approved costs paid by such municipality
which will continue to be offset by the local contribution. The munici-
pality of origin will continue to be responsible for the local contrib-
ution, where the municipality of record is the municipality of current
location.

 
PRIOR LEGISLATIVE HISTORY:

In 2023-24 the Senate introduced and passed S7000B, the bill was not
introduced in the Assembly.

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

2025-S8370 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8370
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY -- (at request of the State Education Depart-
   ment) -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Rules
 
 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, the section heading, paragraph f of subdivision 1 and subdivisions
 2, 3 and 4 as amended by chapter 371 of the laws of 2023, 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  and  paragraph h of subdivision 1 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  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.
                                                            LBD08184-01-5

 S. 8370                             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.
   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  TERM SHALL MEAN "SCHOOL DISTRICT OF 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 HOME-
 LESS; 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
 LICENSED  OR  OPERATED BY A STATE AGENCY, OTHER THAN THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES.
 S. 8370                             3
 
   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 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 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  PARAGRAPH  (A)  OF  SUBDIVISION TWO OF
 SECTION THIRTY-TWO HUNDRED FORTY-FOUR OF THIS CHAPTER.
   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 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 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  [chapter]  ARTICLE  provided,
 however,  that, notwithstanding the provision of paragraph b of subdivi-
 sion eleven of such section, IF THE MUNICIPALITY OF RECORD IS THE  MUNI-
 CIPALITY  OF  CURRENT  LOCATION,  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.
   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 A child in residential care with a
 disability which would not be reimbursed pursuant to  the  schedule  set
 out  in  paragraph b of subdivision eleven of section forty-four hundred
 ten of this [chapter] ARTICLE.  The commissioner shall  certify  to  the
 comptroller  the  amount  of the local contribution owed by each munici-
 pality to the state. The comptroller shall deduct  the  amount  of  such
 local  contribution  first from any moneys due the municipality pursuant
 S. 8370                             4
 
 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.

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