NY Educ L § 3202 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 65 - Compulsory Education and School Census Part 1 - Compulsory Education 3202 - Public Schools Free to Resident Pupils; Tuition From Nonresident Pupils.

§   3202.  Public  schools  free  to  resident  pupils;  tuition  from nonresident pupils. 1. A person over five and under twenty-one years  of age who has not received a high school diploma is entitled to attend the public  schools  maintained in the district in which such person resides without the payment of tuition. Provided further that  such  person  may continue  to  attend  the  public  school  in  such district in the same manner, if temporarily residing outside the boundaries of  the  district when  relocation  to  such  temporary residence is a consequence of such person's parent or person  in  parental  relationship  being  called  to active  military  duty,  other  than training. Notwithstanding any other provision of law to the contrary,  the  school  district  shall  not  be required to provide transportation between a temporary residence located outside  of  the  school  district  and  the school the child attends. A veteran of any age who shall have served as a member of the armed forces of the United States and who (a) shall have  been  discharged  therefrom under  conditions  other  than  dishonorable,  or  (b)  has a qualifying condition, as defined in section three hundred fifty  of  the  executive law, and has received a discharge other than bad conduct or dishonorable from  such  service,  or (c) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge  other than bad conduct or dishonorable from such service, may attend any of the public schools of the state upon conditions prescribed by the board of education, and such veterans shall be  included  in  the pupil  count for state aid purposes. A nonveteran under twenty-one years of age who has received a high school  diploma  shall  be  permitted  to attend  classes  in  the  schools  of  the district in which such person resides or in a school of a board of  cooperative  educational  services upon  payment  of  tuition  under  such terms and conditions as shall be established in regulations promulgated by  the  commissioner;  provided, however,  that  a  school  district may waive the payment of tuition for such nonveteran, but in any case such a nonveteran who  has  received  a high  school  diploma  shall  not be counted for any state aid purposes. Nothing herein contained shall, however, require a board of education to admit a child who becomes five years of age after the  school  year  has commenced unless his birthday occurs on or before the first of December.   1-a.  No pupil over the compulsory attendance age in his or her school district shall be dropped from enrollment unless  he  or  she  has  been absent  twenty  consecutive  school  days and the following procedure is complied with:  The  principal  or  superintendent  shall  schedule  and notify,  in  writing and at the last known address, both the student and the  person  in  parental  relation  to  the  student  of  an   informal conference.  At  the  conference  the  principal or superintendent shall determine  both  the  reasons  for  the  pupil's  absence  and   whether reasonable  changes  in  the pupil's educational program would encourage and facilitate his or her re-entry or continuance of  study.  The  pupil and  the  person  in  parental  relation shall be informed orally and in writing of the pupil's right to re-enroll at  any  time  in  the  public school  maintained in the district where he or she resides, if otherwise qualified under this section. If the pupil and the  person  in  parental relationship  fail,  after  reasonable  notice,  to  attend the informal conference, the pupil may be dropped from enrollment provided that he or she and the person in parental relation are notified in writing  of  the right  to  re-enter  at  any  time,  if  otherwise  qualified under this section.   2. Nonresidents of a district, if otherwise competent, may be admitted into the school or schools of a district or city, upon  the  consent  of the  trustees  or  the board of education, upon terms prescribed by such trustees or board.    3. The school authorities of a district or city must deduct  from  the tuition  of  a nonresident pupil, whose parent or guardian owns property in such district or city and pays a tax thereon for the support  of  the schools maintained in such district or city, the amount of such tax.   4.  a.  Definitions.  For  purposes  of  this  subdivision  only,  the following definitions shall apply.  (i) The term  "school  district  of  origin"  shall  mean  the  school district  within  the  state  of New York in which the child or youth in foster care was attending a public school or preschool on a tuition-free basis or was entitled to attend when the  social  services  district  or office  of  children  and family services assumed responsibility for the placement, support and maintenance of such  child  or  youth,  which  is different from the school district of residence.  (ii)  School  district  of  residence.  The  term  "school district of residence" shall mean the public school district within the state of New York in which the foster care placement is located, which  is  different from the school district of origin.   b. Except as provided in subdivision five of this section, the cost of instruction  of  children  in  foster  care shall be borne by the school district of origin. Where  a  school  district  other  than  the  school district  of  origin  is  designated  in  accordance with paragraph e of subdivision  two  of  section  thirty-two  hundred  forty-four  of  this article,  the  cost of instruction shall be borne by the school district of origin and the tuition paid to  the  designated  school  district  of attendance  shall  be  computed  as  provided  in  paragraph  d  of this subdivision, except that,  where  the  foster  care  placement  receives program  support from a child care institution affiliated with a special act school district as defined in  subdivision  eight  of  section  four thousand  one  of  this  chapter,  and the designated school district of attendance,  upon  the  recommendation  of  its  committee  on   special education, contracts for such pupil's education pursuant to paragraph c, d,  e, or f of subdivision two of section forty-four hundred one of this chapter or for a nonresidential placement pursuant  to  paragraph  l  of such  subdivision, costs incurred shall be reimbursed in accordance with paragraph  e  of  this  subdivision.  Notwithstanding  any  inconsistent provision of law, where the permanent residence of a pupil is outside of the  state,  the  school  district in which the pupil was located at the time the public agency placed such pupil  shall  be  deemed  the  school district  of  origin  of such pupil for purposes of this subdivision and shall be responsible for the cost of instruction of such pupil.   c. Children cared for in free family homes and children cared  for  in family  homes  at  board, when such family homes shall be the actual and only residence of such children and when such children are not supported and maintained at the expense of a social  services  district  or  of  a state  department  or  agency,  shall  be deemed residents of the school district in which such family home is located.   d. For the purposes of this subdivision, tuition shall be fixed in  an amount  which represents the additional operating cost to the designated school district of attendance resulting from the attendance of  a  child for  whom  tuition  is  required,  computed in accordance with a formula established by the commissioner of education.   e. Where the designated school district of attendance for a  child  or youth  in  foster  care  that receives program support from a child care institution affiliated with a special act school  district,  other  than the  board  of  the  pupil's  school  district  of  origin as defined in paragraph  a  of  this  subdivision,  upon  the  recommendation  of  its committee  on  special  education, contracts for the instruction of such pupil pursuant to paragraph c, d, e, or f of subdivision two of  section  forty-four hundred one of this chapter or for a nonresidential placement pursuant  to  paragraph l of such subdivision, such board shall submit a claim to the  commissioner  for  current  year  reimbursement  of  costs incurred  for  such  pupil.  The  commissioner  shall  pay such claim in accordance with the applicable provisions of section thirty-six  hundred nine-b  of  this  chapter and shall be reimbursed by the school district identified as the pupil's  school  district  of  origin  as  defined  in paragraph  a  of  this  subdivision.  The  commissioner shall deduct the amount of such claim from moneys otherwise due the  school  district  of origin.   f.  The identity of the school district of origin shall be established in accordance with the following procedure:  (i) Within ten days of the placement of such pupil, the public  agency or its designee shall give written notice of such placement to the board of  education  of the school district believed to be the school district of origin. Such notification shall include the name of the pupil and any particulars about the pupil that pertain to the  identification  of  the school district as the school district of origin as defined in paragraph a of this subdivision.  (ii)  A  board  of  education  of  a  school  district  which receives notification pursuant to subparagraph (i) of this paragraph  may  submit to  the  public  agency,  within ten days of its receipt of such notice, additional evidence to establish that it is not the pupil's district  of origin  as  defined  in paragraph a of this subdivision. Any evidence so submitted shall be considered by the agency prior to  making  its  final determination,  which  shall  be  made no later than five days after the agency's receipt of such additional evidence. In the event  such  school district fails to submit additional evidence within such ten day period, the   determination  of  the  public  agency  shall  be  final  and  the notification provided pursuant to subparagraph  (i)  of  this  paragraph shall be deemed final notification of such determination.  (iii)  If,  upon  its  review,  the  public agency determines that the school district notified pursuant to subparagraph (i) of this  paragraph was  not  the  pupil's  district of origin, the public agency shall send notification to the correct school district, in the form  prescribed  by subparagraph  (i) of this paragraph. Alternatively, if, upon its review, the  public  agency  determines  that  the  school  district  originally designated pursuant to subparagraph (i) of this paragraph is the pupil's district  of  origin,  the  public  agency shall notify such district in writing of its final determination.  (iv) The board of education of the school district finally  determined by  the  public  agency  to be the pupil's school district of origin may appeal such determination to the commissioner within thirty days of  its receipt of final notification pursuant to this paragraph. Such an appeal shall  be  conducted in the same manner as an appeal from the actions of local school officials pursuant to section three  hundred  ten  of  this chapter, except that the factual allegations of the petitioner shall not be  deemed  true  in the event the public agency elects not to appear in the appeal. The petitioner shall join as a party to the appeal any other school district suspected to be the pupil's actual  school  district  of origin.  (v)  If  the  commissioner  finds  that  the  school district notified pursuant to subparagraph (i) or (iii) of  this  paragraph  was  not  the pupil's  school  district  of  origin  as defined in paragraph a of this subdivision and that the correct school district was  not  joined  as  a party  to the appeal, the commissioner shall direct the public agency to notify the correct school district pursuant to subparagraph (i) of  this paragraph.  (vi)  Notwithstanding  any  inconsistent provisions of law, during the pendency  of  all  proceedings  to  review   a   denial   of   financial responsibility,  the commissioner shall issue an interim order assigning such financial responsibility to the school district or,  alternatively, upon  a  determination  that the public agency failed to make reasonable efforts to identify the school district of origin of such child, to  the public  agency.  In  the event the public agency fails to provide timely notice pursuant to subparagraph (i)  of  this  paragraph,  or  fails  to render  its  final  determination  in a timely manner, the public agency responsible for such pupil's residential placement shall  reimburse  the commissioner   for   the   payments  made  to  the  district  furnishing instruction pursuant to  this  paragraph  during  the  pendency  of  all proceedings or for the duration of the current school year, whichever is longer,  and  the  state comptroller shall withhold such amount from any moneys due the county or the city of New York, on vouchers certified  or approved  by  the commissioner, in the manner prescribed by law or shall transfer such amount from the account of such state department or agency upon certification of the commissioner, and such funds shall be credited to the general support for public schools local  assistance  account  of the department.  (vii)  Any final determination or order of the commissioner concerning the school district of origin of any pupil under this section  may  only be  reviewed  in  a  proceeding brought in the supreme court pursuant to article seventy-eight of the civil practice law and rules. In  any  such proceeding  under  such  article  seventy-eight, the court may grant any relief authorized by the provisions of section seventy-eight hundred six of such law and rules and  may  also,  in  its  discretion,  remand  the proceedings to the commissioner. A local social services commissioner or any   state  department  or  agency  placing  pupils  pursuant  to  this subdivision is a proper party in any such appeal or proceeding.  (viii) Upon completion of all proceedings  to  review  the  denial  of financial  responsibility  for the costs of instruction pursuant to this paragraph, the commissioner shall refund any payments made  by  a  party cleared  of such responsibility and shall collect any payments owed by a party found to have such responsibility. Where such transactions involve a school district liable for reimbursement pursuant to  paragraph  e  of this  subdivision,  the  commissioner  shall  appropriately  increase or decrease the moneys due a school district by such amount  in  accordance with  the  provisions  of  section  thirty-six  hundred  nine-b  of this chapter. Where such transactions involve  the  public  agency  making  a placement  pursuant  to this subdivision, the comptroller shall increase or decrease the moneys due  such  public  agency  by  such  amount  upon certification  of  the commissioner, transferring such amount to or from the account of such state department or agency to or  from  the  general support for public schools local assistance account of the department.   g.  If  within ninety days from the entry of an order or judgment of a court of competent jurisdiction or the receipt  of  a  decision  of  the commissioner  pursuant  to  section  three  hundred ten of this chapter, determining the responsibility of a school district to pay tuition for a pupil  in  accordance  with  the  provisions  of  paragraph  a  of  this subdivision  or  of section five hundred four of the executive law, such school district has not made payment to the designated  school  district of  attendance,  the  school  district entitled to such payment may make application to the commissioner to receive a sum in the amount  of  such tuition  from  the  apportionment  of public money payable to the school district required to pay such tuition. The application for payment shall be accompanied by a certified copy of the order or judgment of a  court, or  a  copy of the decision of the commissioner, and by proof of service  by first class mail of a  copy  of  such  application  upon  the  school district  required  to  pay  such  tuition.  Unless  the school district required to pay such tuition shall have  notified  the  commissioner  of such  payment  within  thirty days from the receipt of such application, the commissioner shall withhold an amount equal to the tuition for  such pupil  from  the public money payable to the school district responsible for such tuition and shall pay such amount to the school district  which has  provided  instruction to such pupil. The commissioner is authorized to promulgate regulations to implement the provisions of this paragraph.   5. a. Children who reside  in  a  school  for  the  mentally  retarded operated by the department of mental hygiene and for whom the department has  assumed  responsibility  for  support and maintenance prior to July one, nineteen hundred seventy-seven and who are placed in a family  home at board, a duly incorporated orphan asylum or other institution for the care, custody and treatment of children shall be admitted to the schools of  the  school  district  in  which  such family home or institution is located. The education department is authorized to reimburse each school district furnishing educational services to such children for the direct cost of such services in accordance with regulations promulgated by  the commissioner and approved by the director of the budget. The educational costs for these children shall not be otherwise aidable or reimbursable.   b.  Children who reside in a school for the mentally retarded operated by  the  department  of  mental  hygiene  and  for  whose  support   and maintenance  the department assumes responsibility on or after July one, nineteen hundred seventy-seven and who are thereafter placed in a family home at board, a duly incorporated orphan asylum  or  other  institution for the care, custody and treatment of children shall be admitted to the schools  of the school district in which such family home or institution is located. The education department is  authorized  to  reimburse  each school district furnishing educational services to such children for the direct  cost of such services in accordance with regulations promulgated by the commissioner and approved by the  director  of  the  budget.  The educational  costs  for these children shall not be otherwise aidable or reimbursable. The school district in which the child resided at the time the department of mental hygiene assumed responsibility for the  support and  maintenance  of such child shall reimburse the education department for its expenditure on behalf of such child in an amount  equal  to  the school   district  basic  contribution,  as  such  term  is  defined  in subdivision eight of section four thousand  four  hundred  one  of  this chapter.  The  comptroller  may deduct from any state funds which become due to a school district 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. The department of mental hygiene shall  notify  the  education  department  of the name of the child, the location of the family home or institution where  the  child  is  to  be placed  and  the name of the school district in which such child resided at the time the department of mental hygiene assumed responsibility  for his or her support and maintenance.   c. (1) The education department is authorized to reimburse each school district furnishing educational services to children residing in schools for  the  mentally  retarded  operated  by  the  office  for people with developmental disabilities for the  direct  cost  of  such  services  in accordance with regulations promulgated by the commissioner and approved by the director of the budget.  (2)  The  school district in which each such child resided at the time the  office  for  people   with   developmental   disabilities   assumed responsibility  for  the  support  and  maintenance  of such child shall reimburse the education department for its  expenditures  on  behalf  of such child, 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, for any such  child  admitted  to  a  state school  for  the  retarded  on  or  after  July  first, nineteen hundred seventy-eight. The comptroller may deduct from  any  state  funds  which become  due  to  a  school district 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 approved operating expense of such district for the purpose of computing the approved operating expenses pursuant to paragraph t  of  subdivision one of section thirty-six hundred two of this chapter.   d.  (1)  Children  who reside in an intermediate care facility for the mentally retarded, other than a state operated school for  the  mentally retarded,  as  defined  in  regulations  of  the  office for people with developmental disabilities, shall be admitted  to  the  public  schools, except as otherwise provided in subparagraph fourteen of this paragraph. The  trustees or board of education of the school district in which such facility is located shall receive such children in the school or schools of the district for instruction  and  for  the  provision  of  necessary related services for a compensation to be fixed by the trustees or board of education, unless such trustees or board of education shall establish to  the  satisfaction  of  the  commissioner of education that there are valid and sufficient reasons  for  refusal  to  receive  such  children. Evaluation  of  the  educational needs of such children and placement in appropriate educational  programs  shall  be  made  in  accordance  with article eighty-nine of this chapter.  (2)  A  child who resides in an individualized residential alternative as defined in regulations of the office for  people  with  developmental disabilities which is located in a school district other than the school district  in  which  such  child's parent or person in parental relation resided at the time such child was placed in an  institution  under  the auspices  of  such  office  shall be deemed to reside in an intermediate care facility for purposes of this subdivision to the extent such  child is enrolled in a home and community based waiver program approved by the Health Care Financing Administration.  (3) Such intermediate care facility is authorized to contract with the trustees or board of education of such school district for the provision of services, including transportation.  (4)  The  education  department shall reimburse the school district in which such intermediate care facility is located for the  full  cost  of all services, which shall, notwithstanding any inconsistent provision of law,  include  transportation  services  provided pursuant to a contract authorized by this paragraph. Provided,  however,  that  notwithstanding any other law, rule or regulation to the contrary, that no reimbursement shall  be  payable  pursuant  to this subparagraph for due process costs incurred on or after July first, two thousand nine.  Such  reimbursement shall be for the period from September first through June thirtieth, and state  reimbursement for July and August programs shall be in accordance with subdivision  one  of  section  forty-four  hundred  eight  of  this chapter.  The  provisions  of subdivision two of such section forty-four hundred eight shall apply to  all  July  and  August  programs  provided pursuant to this section.  (5)  The  school  district  in  which the child resided at the time of placement  in  such  intermediate  care  facility  shall  reimburse  the  education  department  for its expenditure on behalf of such child in an amount equal to the school district's basic contribution, as  such  term is  defined  in  subdivision  eight of section forty-four hundred one of this  article  for  any  child  first admitted to such intermediate care facility, on or after July first, nineteen hundred seventy-nine.  (6)  Upon  certification  by  the  commissioner  of   education,   the comptroller  may  deduct  from  any  state funds which become due to the school district 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 expenses   pursuant  to  paragraph  t  of  subdivision  one  of  section thirty-six hundred two of this article.  (7) Within forty-five days of the placement of a  child  in  a  school district,  the  intermediate  care  facility  shall  notify  the  school district in  which  the  child  resided  at  time  of  entrance  to  the intermediate care facility and the school district in which the facility is  located.  Such  notice  shall  include  the  name  of the child, the location of the intermediate care facility, and the name of  the  school district in which such child resided at the time of placement.  (8)  A  board  of  education  of  a  school  district  which  receives notification that a child  has  been  placed  in  an  intermediate  care facility for the mentally retarded may deny financial responsibility for any  child  by written notice within twenty days of such notification to the school district furnishing instruction  and  the  intermediate  care facility.  (9)  An  intermediate care facility responsible for placing the child, the school district furnishing instruction or the parent or guardian  of the  child  involved  may  appeal  a  denial  of  responsibility  to the commissioner of education. If the commissioner finds that the child  was not  a  resident of the school district that was notified that the child was a resident therein, the commissioner shall request the  intermediate care  facility  to ascertain the correct school district and notify such school district pursuant to subparagraph  six  of  this  paragraph.  The commissioner  shall review and determine responsibility for the child in question. If the commissioner finds that a child  has  no  residence  in this  state,  he shall determine that there is no local contribution for such child.  (10) If the intermediate care facility  fails  to  make  a  reasonable effort  to  identify the residence of such a child, such agency shall be responsible for the local contribution and,  upon  notification  by  the commissioner  of education, shall pay such amount to the commissioner of education.  (11) If the intermediate care facility  rejects  the  finding  of  the committee  on special education of the school district of attendance, or a finding affirmed or revised on  appeal,  such  facility  shall  retain responsibility for payment of the cost of instruction of such child.  (12)  Any  final determination or order of the commissioner concerning residence or placement of any child under this  paragraph  may  only  be reviewed  in  a  proceeding  brought  in  the  supreme court pursuant to article seventy-eight of the civil practice law and rules. In  any  such proceeding,  the court may grant any relief authorized by the provisions of section seventy-eight hundred six of such law and rules  or  may,  in its   discretion,   remand  the  proceedings  to  the  commissioner.  An intermediate care facility attempting to place a child pursuant to  this paragraph shall be considered a proper party to any such proceeding.  (13)  The  school  district providing educational services to children placed pursuant to this paragraph shall provide a report on  the  status  of  each  such  child  with  a  handicapping  condition  annually to the committee on special education of the school district in which the child resided at the time of admission to the intermediate care  facility  for the  mentally  retarded. Such report shall also be sent to the parent or guardian of the child and  the  office  for  people  with  developmental disabilities.  (14)  The  board  of  education  responsible for providing appropriate educational services for a child receiving care in an intermediate  care facility  developed  pursuant  to the residential school bed development program, as authorized by chapter fifty-four of  the  laws  of  nineteen hundred  eighty-five or any subsequent enactment extending such program, shall be the board of education of the school  district  in  which  such child  would  be deemed to reside but for such child's placement in such an intermediate care  facility.  The  department  shall  reimburse  such school  district of residence for all nonfederally reimbursable costs of such educational services in accordance with subparagraph four  of  this paragraph  as  if  such  district  were the school district in which the intermediate care facility is  located,  and  such  school  district  of residence  shall  be responsible for reimbursement of the department for its expenditure on behalf of the child in an amount equal to the  school district  basic contribution, as defined in subdivision eight of section four thousand four hundred one of  this  chapter.  The  comptroller  may deduct  the  amount  of  such reimbursement from any state funds due the district in the manner prescribed in subparagraph six of this paragraph.   e. Notwithstanding the provisions of paragraph a of  subdivision  five of  section  thirty-six  hundred  four of this chapter, the commissioner shall be authorized to grant a waiver excusing the late filing of claims submitted for costs incurred pursuant to this subdivision, upon findings that the school district has submitted a timely request for a waiver and has submitted proof satisfactory to the commissioner that the  delay  in filing  was  caused by a party other than the school district. A request for such a waiver, together with all supporting documentation, shall  be submitted  to the commissioner within sixty days after the date on which this paragraph was enacted, or within fourteen months after the  end  of the  school  year  in  which  services  were  provided  pursuant to this subdivision, whichever is later.   6. Except as provided in  subdivision  five  of  this  section  or  by article  eighty-one of this chapter, children cared for in a hospital or other institution for the care, custody and treatment of children, other than a school and excepting children of the officers  and  employees  of such  hospital or institution, shall not, by reason of their presence in such hospital or institution, be deemed to be residents  of  the  school district  in which such hospital or institution is located. The trustees or board of education of the school district of  their  residence  shall provide  educational  services  for  such children. Such services may be provided by a tutor employed by the district, by contract with a  school connected  with  such  hospital  or institution, or by contract with the local public school district in which such hospital  or  institution  is located.  Such  contracts  shall  be  limited to the cost of educational services  and  shall  not  include  maintenance  or  medical   services. Provided,  however, if such children are supported and maintained at the expense of a social services district,  the  cost  of  said  instruction shall  be  paid  by  the  social  services  district which is liable for payment of the cost of their support and maintenance.  In  the  case  of hospitals or institutions located in the state of New York, the trustees or  board  of education of a school district in which such a hospital or institution is located shall receive such  children  in  the  school  or schools  of  the district for instruction for a compensation to be fixed  by the trustee or board of education, unless such trustees or  board  of education  shall  establish  to  the satisfaction of the commissioner of education that there are valid and sufficient  reasons  for  refusal  to receive such children.   6-a.  Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children  and  family services  shall  be responsible for the secular education of youth under the jurisdiction of the office and may contract for such education  with the  trustees  or  board  of  education of the school district wherein a facility for the residential care of such youth is located or  with  the board  of  cooperative  educational  services  at  which any such school district is a component district for special education programs, related services and career and technical education services and music, art  and foreign  language  programs  in  accordance  with  subparagraph eight of paragraph (h) of subdivision four of section nineteen hundred  fifty  of this chapter. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school district where his  parent  or guardian resides at the commencement of each school year for  the  purpose  of  determining  which  school  district   shall   be responsible  for  the  youth's  tuition pursuant to section five hundred four of the executive law.   * 6-b.  The  commissioner  of  mental  health  may  meet  his  or  her obligations under section 33.11 of the mental hygiene law by contracting pursuant  to  this  subdivision  for  educational  services for children between the ages of five and twenty-one who do not hold  a  high  school diploma  and who are hospitalized in hospitals operated by the office of mental health with the trustees or board  of  education  of  any  school district  for  educational  services  or  with  a  board  of cooperative educational services for the provision  of  special  education,  related services   and  any  alternative  education  programs  approved  by  the commissioner pursuant  to  regulations  promulgated  under  section  one hundred   twelve   of  this  chapter  where  the  board  of  cooperative educational  services  provides  alternative   education   programs   to component  school  districts  to  such children in accordance with their individualized education programs. The costs of such education shall not be a charge upon a school district pursuant  to  section  33.11  of  the mental hygiene law.  (1)  The  commissioner  of  mental  health  shall reimburse the school district  or  board  of  cooperative  educational   services   providing educational  services  pursuant to this subdivision for the full cost of all services pursuant to the terms of such contract.  (2) The commissioner of  mental  health,  with  the  approval  of  the director  of the division of the budget, shall be authorized to transfer funding to  school  districts  and  boards  of  cooperative  educational services  for  services  and educational programming provided under such contracts.  (3) Notwithstanding any provision of law to the contrary,  nothing  in this subdivision or subparagraph nine of paragraph h of subdivision four of  section nineteen hundred fifty of this chapter shall be construed as requiring participation  by  any  local  school  district  or  board  of cooperative educational services.   * NB Repealed June 30, 2021   7.  Youth  incarcerated  in  county  correctional  facilities or youth shelters. a. A person under twenty-one years of age who has not received a high school diploma and who is incarcerated in a correctional facility maintained by a county or by the city of New York or in a youth  shelter is eligible for educational services pursuant to this subdivision and in accordance with the regulations of the commissioner. Such services shall  be  provided  by  the  school  district  in  which the facility or youth shelter is located, within the limits of  the  funds  allocated  by  the commissioner  for  such  purposes pursuant to section thirty-six hundred two of this chapter and pursuant to a plan approved by the commissioner. School districts shall submit such plan by July fifteenth of each school year.  Boards  of education are authorized to contract for the provision of such educational services  by  a  board  of  cooperative  educational services or by another public school district.   b. Except as otherwise provided in this paragraph, the school district in  which the child resided at the time of the child's commitment to the custody of the sheriff or local commissioner  of  corrections  or  youth shelter shall reimburse the education department for its expenditure for the   full   time  equivalent  attendance  of  such  child  pursuant  to subdivision thirteen of section thirty-six hundred two of  this  chapter on  behalf of such child, in an amount equal to the product of such full time equivalent attendance and the school district  basic  contribution, as  such  term  is  defined  in  subdivision eight of section forty-four hundred  one  of  this  chapter,  provided,  however,  that  such  basic contribution  shall be multiplied by the full time equivalent attendance multiplied by one hundred twenty per centum for such children  attending programs  which operate between July first and June thirtieth. If at the applicable time specified in this paragraph a school district other than the school district in which the child resides is  responsible  for  the cost  of  instruction of the child or for reimbursement of the state for its expenditure on behalf of the child pursuant to any provision of this chapter, then such  other  school  district  shall  be  responsible  for reimbursement  of  the  education  department  in  accordance  with this paragraph. Upon certification by the commissioner, the comptroller shall deduct from any state funds which become due to  a  school  district  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.   c.  After  admission  of  a  child  eligible  for educational services pursuant to this subdivision,  but  within  a  time  prescribed  by  the commissioner in regulations, the correctional facility maintained by the county or the city of New York shall furnish such child with information concerning  the  availability  of  such  educational  services and shall submit a request for educational services  to  the  school  district  in which   the   facility   is  located.  Such  request  shall  conform  to requirements  prescribed  by   the   commissioner   by   regulation   in consultation  with the state commission of correction and shall include, but shall not be limited to, notice of:  the name of the child, the name and location of the facility in which such child  is  incarcerated,  the last  grade  completed  by  the  child  as  reported  by  the child, the anticipated duration of the incarceration and the last  known  residence of  such  child  at  the  time of the child's commitment to custody. The school district in which the facility  is  located  shall  notify  other appropriate  agencies,  including,  but  not  limited  to, the education department and the school district identified as being  responsible  for the  educational  costs  of  such  child pursuant to paragraph b of this subdivision, that such a  request  for  educational  services  has  been received.  The  commissioner shall promulgate regulations specifying the time within which such notice shall be provided and the contents of such notice, and establishing a procedure by  which  a  school  district  may  request  the  commissioner  to  review  its identification as the school district responsible for the educational costs of such child.   d.  Upon  release  or  discharge  of  a child eligible for educational services pursuant to this subdivision, the correctional  facility  shall apprise  such  child  that further educational services may be available pursuant to this section through the school district in which the  child resides  or  in  which the child is otherwise entitled to attend school, and shall, at the request of the student, notify such  district  of  the child's desire to enroll in such district.   e.  The  state  commission  of  correction  shall promulgate rules and regulations in consultation with the commissioner  which  shall  require each  correctional facility operated by a county or the city of New York to  cooperate  with  the  school  district  or  board   of   cooperative educational  services  providing educational services and to comply with the requirements of this subdivision.   f. As  used  in  this  subdivision,  "youth  shelter"  shall  mean  an alternative residential facility for the incarceration of youths between the  ages  of  sixteen  and  twenty-one who are remanded by the criminal courts.   8. Homeless children. A homeless child, as defined in subdivision  one of section thirty-two hundred nine of this article, over the age of five and  under  twenty-one  years of age, who has not received a high school diploma, shall be entitled to attend a public school without the payment of tuition, in accordance with  the  provisions  of  section  thirty-two hundred nine of this article.