NY Educ L § 112 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 3 - Education Department Part 1 - General Provisions 112 - Children in Care; Responsibility for Education.

§ 112. Children   in   care;  responsibility  for  education.  1.  The   department  shall  establish  and  enforce  standards  of   instruction,   personnel  qualifications  and other requirements for education services   or programs, as determined by rules of the regents  and  regulations  of   the  commissioner,  with  respect  to  the  individual  requirements  of   children who are in full-time residential care in  facilities  or  homes   operated  or  supervised  by any state department or agency or political   subdivision.  The department shall cooperate with the office of children   and  family  services,  the  department  of  mental  hygiene  and  local   departments   of   social  services  with  respect  to  educational  and   vocational training programs for children placed with, committed  to  or   under  the supervision of such agencies. The department shall promulgate   regulations requiring the  cooperation  of  local  school  districts  in   facilitating  the  prompt  enrollment  of  children  who are released or   conditionally released from residential facilities operated by or  under   contract with the office of children and family services, the department   of  mental  hygiene  and  local  departments  of  social services and in   implementing plans for release or conditional release submitted  to  the   family  court  pursuant to paragraph (c) of subdivision seven of section   353.3 of  the  family  court  act  and  the  educational  components  of   permanency  hearing  reports  submitted pursuant to section one thousand   eighty-nine of the family court act.   Such  regulations  regarding  the   educational  components of permanency hearing reports submitted pursuant   to section one thousand eighty-nine of the family  court  act  shall  be   developed  in  conjunction  with  the  office  of  children  and  family   services.  Nothing  herein  contained  shall  be  deemed  to  apply   to   responsibility  for  the  provision  or  payment of care, maintenance or   other services subject to the provisions of the  executive  law,  mental   hygiene law, social services law or any other law.2.  The  commissioner  shall  prepare  a  report  and submit it to the   governor, the speaker of the assembly and the temporary president of the   senate by December thirty-first,  nineteen  hundred  ninety-six  and  on   December  thirty-first  of  each  successive  year.  Such  report  shall   contain, for each facility operated by or under contract with the office   of children and family services that provides educational  programs,  an   assessment  of each facility's compliance with the rules of the board of   regents, the regulations of the commissioner,  and  this  chapter.  Such   report  shall  include,  but  not  be  limited  to:  the number of youth   receiving services  under  article  eighty-nine  of  this  chapter;  the   office's  activities  undertaken  as  required by subdivisions one, two,   four and eight of section forty-four hundred three of this chapter;  the   number  of  youth  receiving bilingual education services; the number of   youth  eligible  to  receive  limited   English   proficient   services;   interviews with facility residents conducted during site visits; library   services;  the ratio of teachers to students; the curriculum; the length   of stay of each youth and the number of hours of  instruction  provided;   instructional  technology  utilized;  the  educational services provided   following the release and conditional release of the  youth,  including,   but   not  limited  to,  the  implementation  of  requirements  for  the   enrollment of such youth in school contained in plans  for  release  and   conditional  release submitted to the family court pursuant to paragraph   (c) of subdivision seven of section 353.3 of the family court act and in   the educational  components  of  permanency  hearing  reports  submitted   pursuant to section one thousand eighty-nine of the family court act and   the   compliance   by   local  school  districts  with  the  regulations   promulgated pursuant  to  subdivision  one  of  this  section;  and  any   recommendations   to  ensure  compliance  with  the  rules  of  regents,   regulations of the commissioner, and this chapter. 3. The department shall conduct site visits every four years, with  at   least  one  day's  notice,  of  each  facility operated by the office of   children and family  services  that  provides  educational  programs  to   ensure compliance with rules of the board of regents, regulations of the   commissioner,  and this chapter. Such site visits shall include personal   interviews with facility residents.* 4. The commissioner shall establish  procedures  for  administrative   appeals  to  resolve  interagency  disputes between school districts and   state  departments  or   agencies   or   political   subdivisions   over   responsibility  for  provision  of,  or  payment  for, special education   programs  or  services  to  children  with  disabilities  in   full-time   residential  care  in facilities or homes operated or supervised by such   state departments or agencies  or  political  subdivisions.  During  the   pendency  of any such appeal, the state department or agency responsible   for developing the student's individualized education  program,  or  the   school  district responsible for developing the student's individualized   education program where there  is  no  state  department  or  agency  so   responsible,  shall  provide  and pay for the special education programs   and services on the student's individualized education program  and  may   seek  reimbursement  in the appeal. The commissioner shall be authorized   to make all orders that in the commissioner's  judgment  are  proper  or   necessary  to  give  effect  to  the  decision  in  the  appeal.  Upon a   determination that a public agency has failed to provide or pay for such   special education programs and services, the commissioner shall  certify   the  amount  of  such  costs  to  the  state  comptroller  and the state   comptroller to deduct such amount from any state funds that  become  due   to such public agency.* NB Repealed June 30, 2024