N.Y. Educ. Law § 3209

§ 3209. Education of homeless children. 1. Definitions.\n * a. Homeless child. For the purposes of this article, the term\n"homeless child" shall mean:\n (1) a child or youth who lacks a fixed, regular, and adequate\nnighttime residence, including a child or youth who is:\n (i) sharing the housing of other persons due to a loss of housing,\neconomic hardship or a similar reason;\n (ii) living in motels, hotels, trailer parks or camping grounds due to\nthe lack of alternative adequate accommodations;\n (iii) abandoned in hospitals;\n (iv) awaiting foster care placement; or\n (v) a migratory child, as defined in subsection two of section\nthirteen hundred nine of the Elementary and Secondary Education Act of\n1965, as amended, who qualifies as homeless under any of the provisions\nof clauses (i) through (iv) of this subparagraph or subparagraph two of\nthis paragraph; or\n (2) a child or youth who has a primary nighttime location that is:\n (i) a supervised publicly or privately operated shelter designed to\nprovide temporary living accommodations including, but not limited to,\nshelters operated or approved by the state or local department of social\nservices, and residential programs for runaway and homeless youth\nestablished pursuant to article nineteen-H of the executive law; or\n (ii) a public or private place not designed for, or ordinarily used\nas, a regular sleeping accommodation for human beings, including a child\nor youth who is living in a car, park, public space, abandoned building,\nsubstandard housing, bus or train stations or similar setting.\n * NB Effective until June 30, 2016\n * a. Homeless child. For the purposes of this article, the term\n"homeless child" shall mean:\n (1) a child who lacks a fixed, regular, and adequate nighttime\nresidence; or\n (2) a child who has a primary nighttime location that is:\n (i) a supervised publicly or privately operated shelter designed to\nprovide temporary living accommodations including, but not limited to,\nshelters operated or approved by the state or local department of social\nservices, and residential programs for runaway and homeless youth\nestablished pursuant to article nineteen-H of the executive law; or\n (ii) a public or private place not designed for, or ordinarily used\nas, a regular sleeping accommodation for human beings.\n (3) the term "homeless child" shall not include a child in foster care\nor receiving educational services pursuant to subdivision four, five,\nsix, six-a or seven of section thirty-two hundred two of this article or\npursuant to article eighty-one, eighty-five, eighty-seven or\neighty-eight of this chapter.\n * NB Effective June 30, 2016\n * a-1. Exception. For the purposes of this article the term "homeless\nchild" shall not include a child in a foster care placement or receiving\neducational services pursuant to subdivision four, five, six, six-a or\nseven of section thirty-two hundred two of this article or pursuant to\narticle eighty-one, eighty-five, eighty-seven or eighty-eight of this\nchapter.\n * NB Effective until June 30, 2016\n b. Designator. The term "designator" shall mean:\n (1) the parent or the person in parental relation to a homeless child;\nor\n (2) the homeless child, if no parent or person in parental relation is\navailable; or\n (3) the director of a residential program for runaway and homeless\nyouth established pursuant to article nineteen-H of the executive law,\nin consultation with the homeless child, where such homeless child is\nliving in such program.\n c. School district of origin. The term "school district of origin"\nshall mean the school district within the state of New York in which the\nhomeless child was attending a public school on a tuition-free basis or\nwas entitled to attend when circumstances arose which caused such child\nto become homeless, which is different from the school district of\ncurrent location. Whenever the school district of origin is designated\npursuant to subdivision two of this section, the child shall be entitled\nto return to the school building where previously enrolled.\n d. School district of current location. The term "school district of\ncurrent location" shall mean the public school district within the state\nof New York in which the hotel, motel, shelter or other temporary\nhousing arrangement of a homeless child, or the residential program for\nrunaway and homeless youth, is located, which is different from the\nschool district of origin. Whenever the school district of current\nlocation is designated pursuant to subdivision two of this section, the\nchild shall be entitled to attend the school that is zoned for his or\nher temporary location or any school that nonhomeless students who live\nin the same attendance zone in which the homeless child or youth is\ntemporarily residing are entitled to attend.\n e. Regional placement plan. The term "regional placement plan" shall\nmean a comprehensive regional approach to the provision of educational\nplacements for homeless children which has been approved by the\ncommissioner.\n 2. Choice of district.\n a. The designator shall have the right to designate one of the\nfollowing as the school district within which the homeless child shall\nbe entitled to attend upon instruction:\n (1) the school district of current location;\n (2) the school district of origin; or\n (3) a school district participating in a regional placement plan.\n b. (1) Notwithstanding any other provision of law to the contrary,\nwhere the public school district in which a homeless child is\ntemporarily housed is the same school district the child was attending\non a tuition-free basis or was entitled to attend when circumstances\narose which caused the child to become homeless, the homeless child\nshall be entitled to attend the schools of such district without the\npayment of tuition in accordance with subdivision one of section\nthirty-two hundred two of this article. Such child may choose to remain\nin the public school building they previously attended until the end of\nthe school year and for one additional year if that year constitutes the\nchild's terminal year in such building in lieu of the school serving the\nattendance zone in which the temporary housing facility is located.\n (2) Notwithstanding any other provision of law to the contrary, where\nthe public school or school district a homeless child was attending on a\ntuition-free basis or was entitled to attend when circumstances arose\nwhich caused the child to become homeless is located outside the state,\nthe homeless child shall be deemed a resident of the school district in\nwhich the hotel, motel, shelter or other temporary housing arrangement\nof the child is currently located and shall be entitled to attend the\nschools of such district without payment of tuition in accordance with\nsubdivision one of section thirty-two hundred two of this article. Such\ndistrict of residence shall not be considered a school district of\norigin or a school district of current location for purposes of this\nsection.\n c. Notwithstanding the provisions of paragraph a of this subdivision,\na homeless child who has designated the school district of current\nlocation as the district of attendance and who has relocated to another\ntemporary housing arrangement outside of such district, or to a\ndifferent attendance zone or community school district within such\ndistrict, shall be entitled to continue the prior designation to enable\nthe student to remain in the same school building until the end of the\nschool year and for one additional year if that year constitutes the\nchild's terminal year in such building.\n d. Such designation shall be made on forms specified by the\ncommissioner, and shall include the name of the child, the name of the\nparent or person in parental relation to the child, the name and\nlocation of the temporary housing arrangement, the name of the school\ndistrict of origin, the name of the school district where the child's\nrecords are located, the complete address where the family was located\nat the time circumstances arose which caused such child to become\nhomeless and any other information required by the commissioner. All\nschool districts, temporary housing facilities operated or approved by a\nlocal social services district, and residential facilities for runaway\nand homeless youth shall make such forms available. Where the homeless\nchild is located in a temporary housing facility operated or approved by\na local social services district, or a residential facility for runaway\nand homeless youth, the director of the facility or a person designated\nby the social services district, shall, within two business days, assist\nthe designator in completing the designation forms and enrolling the\nhomeless child in the designated school district.\n e. Upon receipt of the designation form, the designated school\ndistrict shall immediately:\n (1) admit the homeless child;\n (2) treat the homeless child as a resident for all purposes;\n (3) make a written request to the school district where the child's\nrecords are located for a copy of such records; and\n (4) forward the designation form to the commissioner, and the school\ndistrict of origin where applicable.\n f. Within five days of receipt of a request for records pursuant to\nsubparagraph three of paragraph e of this subdivision, the school\ndistrict shall forward, in a manner consistent with state and federal\nlaw, a complete copy of the homeless child's records including, but not\nlimited to, proof of age, academic records, evaluations, immunization\nrecords, and guardianship papers, if applicable.\n g. The commissioner shall promulgate regulations setting forth the\ncircumstances pursuant to which a change in designation may be made and\nestablishing a procedure for the identification of the school district\nof origin.\n * 2-a. Notwithstanding any other provision of law to the contrary,\neach local educational agency, as such term is defined in subsection\ntwenty-six of section ninety-one hundred one of the Elementary and\nSecondary Education Act of 1965, shall designate a local educational\nagency liaison for homeless children and youths and shall, consistent\nwith the provisions of this section, otherwise comply with the\napplicable requirements of paragraphs three through seven of subsection\n(g) of section seven hundred twenty-two of subtitle B of title VII of\nthe McKinney-Vento Assistance Act.\n * NB Repealed June 30, 2016\n 3. Reimbursement.\n a. Where either the school district of current location or a school\ndistrict participating in a regional placement plan is designated as the\ndistrict in which the homeless child shall attend upon instruction and\nsuch homeless child's school district of origin is within New York\nstate, the school district providing instruction shall be eligible for\nreimbursement by the department, as approved by the commissioner, for\nthe direct cost of educational services, not otherwise reimbursed under\nspecial federal programs, calculated pursuant to regulations of the\ncommissioner for the period of time for which such services are\nprovided. The claim for such reimbursement shall be in a form prescribed\nby the commissioner. The educational costs for such children shall not\nbe otherwise aidable or reimbursable.\n b. The school district of origin shall reimburse the department for\nits expenditure for educational services on behalf of a homeless child\npursuant to paragraph a of this subdivision in an amount equal to the\nschool district basic contribution, as such term is defined in\nsubdivision eight of section forty-four hundred one of this chapter,\npro-rated for the period of time for which such services were provided\nin the base year by a school district other than the school district of\norigin. Upon certification by the commissioner, the comptroller shall\ndeduct from any state funds which become due to the school district of\norigin an amount equal to the reimbursement required to be made by such\nschool district in accordance with this paragraph, and the amount so\ndeducted shall not be included in the operating expense of such district\nfor the purpose of computing the approved operating expense pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter.\n 4. Transportation.\n a. A social services district shall provide for the transportation of\neach homeless child who is eligible for benefits pursuant to section\nthree hundred fifty-j of the social services law, to and from a\ntemporary housing location in which the child was placed by the social\nservices district and the school attended by such child pursuant to this\nsection, if such temporary housing facility is located outside of the\ndesignated school district pursuant to paragraph a of subdivision two of\nthis section. A social services district shall be authorized to contract\nwith a board of education or a board of cooperative educational services\nfor the provision of such transportation. This paragraph shall apply to\nplacements made by a social services district without regard to whether\na payment is made by the district to the operator of the temporary\nhousing facility.\n b. The division for youth, to the extent funds are provided for such\npurpose, as determined by the director of the budget, shall provide for\nthe transportation of each homeless child who is living in a residential\nprogram for runaway and homeless youth established pursuant to article\nnineteen-H of the executive law, to and from such residential program,\nand the school attended by such child pursuant to this section, if such\ntemporary housing location is located outside the designated school\ndistrict. The division for youth or the director of a residential\nprogram for runaway and homeless youth shall be authorized to contract\nwith a school district or a board of cooperative educational services\nfor the provision of such transportation.\n c. Notwithstanding any other provision of law, any homeless child not\nentitled to receive transportation pursuant to paragraph a of this\nsubdivision who requires transportation in order to attend a school\ndistrict designated pursuant to paragraph a of subdivision two of this\nsection outside of the district in which such child is housed, shall be\nentitled to receive such transportation pursuant to this paragraph. If\nthe designated school district pursuant to paragraph a of subdivision\ntwo of this section is the school district of origin or a school\ndistrict participating in a regional placement plan, such school\ndistrict shall provide transportation to and from the child's temporary\nhousing location and the school the child legally attends. Such\ntransportation shall not be in excess of fifty miles each way except\nwhere the commissioner certifies that transportation in excess of fifty\nmiles is in the best interest of the child. Any cost incurred for such\ntransportation that is allowable pursuant to the applicable provision of\nparts two and three of article seventy-three of this chapter or herein,\nshall be aidable pursuant to subdivision seven of section thirty-six\nhundred two of this chapter, provided that the approved transportation\nexpense shall not exceed an amount determined by the commissioner to be\nthe total cost for providing the most cost-effective mode of such\ntransportation in a manner consistent with commissioner's regulations.\nThe commissioner shall promulgate regulations setting forth the\ncircumstances pursuant to which parent accompaniment for transportation\nmay be reimbursable, including but not limited to: the age of the child;\nthe distance of the transportation; the cost-effectiveness of the\ntransportation; and whether the child has a handicapping condition.\n d. Notwithstanding any other provision of law, where a homeless child\ndesignates the school district of current location as the district the\nchild will attend, such school district shall provide transportation to\nsuch child on the same basis as a resident student.\n e. Notwithstanding any other provision of law, if a homeless child\nchooses to remain in the public school building the child previously\nattended pursuant to subparagraph one of paragraph b of subdivision two\nof this section or paragraph c of subdivision two of this section the\nschool district shall provide transportation to and from the child's\ntemporary housing location and the school the child legally attends if\nsuch temporary housing is located in a different attendance zone or\ncommunity school district within such district. The cost of such\ntransportation shall be reimbursed in accordance with the provisions of\nparagraph c of this subdivision.\n 5. a. By January thirty-first, nineteen hundred ninety-five, the\ncommissioner, the commissioner of social services, and the director of\nthe division for youth shall develop a plan to ensure coordination and\naccess to education for homeless children and shall annually review such\nplan.\n b. The commissioner shall periodically monitor local school districts\nto ensure their compliance with the provisions of this article, and that\nsuch districts review and revise any local regulations, policies, or\npractices that may act as barriers to the enrollment or attendance of\nhomeless children in school or their receipt of comparable services as\ndefined in Part B of Title VII of the Federal Stewart B. McKinney Act.\n c. School districts shall periodically report such information to the\ncommissioner as he or she may require to carry out the purposes of this\nsection.\n 6. Public welfare officials, except as otherwise provided by law,\nshall furnish indigent children with suitable clothing, shoes, books,\nfood, transportation and other necessaries to enable them to attend upon\ninstruction as required by law. Upon demonstration of need, such\nnecessaries shall also include transportation of indigent children for\nthe purposes of evaluations pursuant to section forty-four hundred ten\nof this chapter and title II-A of article twenty-five of the public\nhealth law.\n 7. The commissioner may promulgate regulations to carry out the\npurposes of this section.\n