N.Y. Education Law § 3209 – Education of homeless children

1. Definitions. * a. Homeless child. For the purposes of this article, the term "homeless child" shall mean:
1. (1) a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child or youth who is:
2. (i) sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason;
3. (ii) living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;
4. (iii) abandoned in hospitals;
5. (iv) awaiting foster care placement; or
6. (v) a migratory child, as defined in subsection two of section thirteen hundred nine of the Elementary and Secondary Education Act of 1965, as amended, who qualifies as homeless under any of the provisions of clauses (i) through (iv) of this subparagraph or subparagraph two of this paragraph; or
7. (2) a child or youth who has a primary nighttime location that is:
8. (i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth established pursuant to article nineteen-H of the executive law; or
9. (ii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train stations or similar setting. * NB Effective until June 30, 2016 * a. Homeless child. For the purposes of this article, the term "homeless child" shall mean:
  1. (1) a child who lacks a fixed, regular, and adequate nighttime residence; or
  2. (2) a child who has a primary nighttime location that is:
  3. (i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth established pursuant to article nineteen-H of the executive law; or
  4. (ii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
  5. (3) the term "homeless child" shall not include a child in foster care or receiving educational services pursuant to subdivision four, five, six, six-a or seven of section thirty-two hundred two of this article or pursuant to article eighty-one, eighty-five, eighty-seven or eighty-eight of this chapter. * NB Effective June 30, 2016 * a-1. Exception. For the purposes of this article the term "homeless child" shall not include a child in a foster care placement or receiving educational services pursuant to subdivision four, five, six, six-a or seven of section thirty-two hundred two of this article or pursuant to article eighty-one, eighty-five, eighty-seven or eighty-eight of this chapter. * NB Effective until June 30, 2016 b. Designator. The term "designator" shall mean:
  6. (1) the parent or the person in parental relation to a homeless child; or
  7. (2) the homeless child, if no parent or person in parental relation is available; or
  8. (3) the director of a residential program for runaway and homeless youth established pursuant to article nineteen-H of the executive law, in consultation with the homeless child, where such homeless child is living in such program. c. School district of origin. The term "school district of origin" shall mean the school district within the state of New York in which the homeless child was attending a public school on a tuition-free basis or was entitled to attend when circumstances arose which caused such child to become homeless, which is different from the school district of current location. Whenever the school district of origin is designated pursuant to subdivision two of this section, the child shall be entitled to return to the school building where previously enrolled. d. School district of current location. The term "school district of current location" shall mean the public school district within the state of New York in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin. Whenever the school district of current location is designated pursuant to subdivision two of this section, the child shall be entitled to attend the school that is zoned for his or her temporary location or any school that nonhomeless students who live in the same attendance zone in which the homeless child or youth is temporarily residing are entitled to attend. e. Regional placement plan. The term "regional placement plan" shall mean a comprehensive regional approach to the provision of educational placements for homeless children which has been approved by the commissioner.
2. Choice of district. a. The designator shall have the right to designate one of the following as the school district within which the homeless child shall be entitled to attend upon instruction:
1. (1) the school district of current location;
2. (2) the school district of origin; or
3. (3) a school district participating in a regional placement plan. b. (1) Notwithstanding any other provision of law to the contrary, where the public school district in which a homeless child is temporarily housed is the same school district the child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless, the homeless child shall be entitled to attend the schools of such district without the payment of tuition in accordance with subdivision one of section thirty-two hundred two of this article. Such child may choose to remain in the public school building they previously attended until the end of the school year and for one additional year if that year constitutes the child's terminal year in such building in lieu of the school serving the attendance zone in which the temporary housing facility is located.
4. (2) Notwithstanding any other provision of law to the contrary, where the public school or school district a homeless child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless is located outside the state, the homeless child shall be deemed a resident of the school district in which the hotel, motel, shelter or other temporary housing arrangement of the child is currently located and shall be entitled to attend the schools of such district without payment of tuition in accordance with subdivision one of section thirty-two hundred two of this article. Such district of residence shall not be considered a school district of origin or a school district of current location for purposes of this section. c. Notwithstanding the provisions of paragraph a of this subdivision, a homeless child who has designated the school district of current location as the district of attendance and who has relocated to another temporary housing arrangement outside of such district, or to a different attendance zone or community school district within such district, shall be entitled to continue the prior designation to enable the student to remain in the same school building until the end of the school year and for one additional year if that year constitutes the child's terminal year in such building. d. Such designation shall be made on forms specified by the commissioner, and shall include the name of the child, the name of the parent or person in parental relation to the child, the name and location of the temporary housing arrangement, the name of the school district of origin, the name of the school district where the child's records are located, the complete address where the family was located at the time circumstances arose which caused such child to become homeless and any other information required by the commissioner. All school districts, temporary housing facilities operated or approved by a local social services district, and residential facilities for runaway and homeless youth shall make such forms available. Where the homeless child is located in a temporary housing facility operated or approved by a local social services district, or a residential facility for runaway and homeless youth, the director of the facility or a person designated by the social services district, shall, within two business days, assist the designator in completing the designation forms and enrolling the homeless child in the designated school district. e. Upon receipt of the designation form, the designated school district shall immediately:
5. (1) admit the homeless child;
6. (2) treat the homeless child as a resident for all purposes;
7. (3) make a written request to the school district where the child's records are located for a copy of such records; and
8. (4) forward the designation form to the commissioner, and the school district of origin where applicable. f. Within five days of receipt of a request for records pursuant to subparagraph three of paragraph e of this subdivision, the school district shall forward, in a manner consistent with state and federal law, a complete copy of the homeless child's records including, but not limited to, proof of age, academic records, evaluations, immunization records, and guardianship papers, if applicable. g. The commissioner shall promulgate regulations setting forth the circumstances pursuant to which a change in designation may be made and establishing a procedure for the identification of the school district of origin. * 2-a. Notwithstanding any other provision of law to the contrary, each local educational agency, as such term is defined in subsection twenty-six of section ninety-one hundred one of the Elementary and Secondary Education Act of 1965, shall designate a local educational agency liaison for homeless children and youths and shall, consistent with the provisions of this section, otherwise comply with the applicable requirements of paragraphs three through seven of subsection (g) of section seven hundred twenty-two of subtitle B of title VII of the McKinney-Vento Assistance Act. * NB Repealed June 30, 2016
3. Reimbursement. a. Where either the school district of current location or a school district participating in a regional placement plan is designated as the district in which the homeless child shall attend upon instruction and such homeless child's school district of origin is within New York state, the school district providing instruction shall be eligible for reimbursement by the department, as approved by the commissioner, for the direct cost of educational services, not otherwise reimbursed under special federal programs, calculated pursuant to regulations of the commissioner for the period of time for which such services are provided. The claim for such reimbursement shall be in a form prescribed by the commissioner. The educational costs for such children shall not be otherwise aidable or reimbursable. b. The school district of origin shall reimburse the department for its expenditure for educational services on behalf of a homeless child pursuant to paragraph a of this subdivision in an amount equal to the school district basic contribution, as such term is defined in subdivision eight of section forty-four hundred one of this chapter, pro-rated for the period of time for which such services were provided in the base year by a school district other than the school district of origin. Upon certification by the commissioner, the comptroller shall deduct from any state funds which become due to the school district of origin an amount equal to the reimbursement required to be made by such school district in accordance with this paragraph, and the amount so deducted shall not be included in the operating expense of such district for the purpose of computing the approved operating expense pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter.
4. Transportation. a. A social services district shall provide for the transportation of each homeless child who is eligible for benefits pursuant to section three hundred fifty-j of the social services law, to and from a temporary housing location in which the child was placed by the social services district and the school attended by such child pursuant to this section, if such temporary housing facility is located outside of the designated school district pursuant to paragraph a of subdivision two of this section. A social services district shall be authorized to contract with a board of education or a board of cooperative educational services for the provision of such transportation. This paragraph shall apply to placements made by a social services district without regard to whether a payment is made by the district to the operator of the temporary housing facility. b. The division for youth, to the extent funds are provided for such purpose, as determined by the director of the budget, shall provide for the transportation of each homeless child who is living in a residential program for runaway and homeless youth established pursuant to article nineteen-H of the executive law, to and from such residential program, and the school attended by such child pursuant to this section, if such temporary housing location is located outside the designated school district. The division for youth or the director of a residential program for runaway and homeless youth shall be authorized to contract with a school district or a board of cooperative educational services for the provision of such transportation. c. Notwithstanding any other provision of law, any homeless child not entitled to receive transportation pursuant to paragraph a of this subdivision who requires transportation in order to attend a school district designated pursuant to paragraph a of subdivision two of this section outside of the district in which such child is housed, shall be entitled to receive such transportation pursuant to this paragraph. If the designated school district pursuant to paragraph a of subdivision two of this section is the school district of origin or a school district participating in a regional placement plan, such school district shall provide transportation to and from the child's temporary housing location and the school the child legally attends. Such transportation shall not be in excess of fifty miles each way except where the commissioner certifies that transportation in excess of fifty miles is in the best interest of the child. Any cost incurred for such transportation that is allowable pursuant to the applicable provision of parts two and three of article seventy-three of this chapter or herein, shall be aidable pursuant to subdivision seven of section thirty-six hundred two of this chapter, provided that the approved transportation expense shall not exceed an amount determined by the commissioner to be the total cost for providing the most cost-effective mode of such transportation in a manner consistent with commissioner's regulations. The commissioner shall promulgate regulations setting forth the circumstances pursuant to which parent accompaniment for transportation may be reimbursable, including but not limited to: the age of the child; the distance of the transportation; the cost-effectiveness of the transportation; and whether the child has a handicapping condition. d. Notwithstanding any other provision of law, where a homeless child designates the school district of current location as the district the child will attend, such school district shall provide transportation to such child on the same basis as a resident student. e. Notwithstanding any other provision of law, if a homeless child chooses to remain in the public school building the child previously attended pursuant to subparagraph one of paragraph b of subdivision two of this section or paragraph c of subdivision two of this section the school district shall provide transportation to and from the child's temporary housing location and the school the child legally attends if such temporary housing is located in a different attendance zone or community school district within such district. The cost of such transportation shall be reimbursed in accordance with the provisions of paragraph c of this subdivision.
5. a. By January thirty-first, nineteen hundred ninety-five, the commissioner, the commissioner of social services, and the director of the division for youth shall develop a plan to ensure coordination and access to education for homeless children and shall annually review such plan. b. The commissioner shall periodically monitor local school districts to ensure their compliance with the provisions of this article, and that such districts review and revise any local regulations, policies, or practices that may act as barriers to the enrollment or attendance of homeless children in school or their receipt of comparable services as defined in Part B of Title VII of the Federal Stewart B. McKinney Act. c. School districts shall periodically report such information to the commissioner as he or she may require to carry out the purposes of this section.
6. Public welfare officials, except as otherwise provided by law, shall furnish indigent children with suitable clothing, shoes, books, food, transportation and other necessaries to enable them to attend upon instruction as required by law. Upon demonstration of need, such necessaries shall also include transportation of indigent children for the purposes of evaluations pursuant to section forty-four hundred ten of this chapter and title II-A of article twenty-five of the public health law.
7. The commissioner may promulgate regulations to carry out the purposes of this section.