NY Educ L § 3244 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 65 - Compulsory Education and School Census Part 2 - School Census 3244 - Education of Children in Foster Care.

§  3244.  Education  of  children  in foster care. 1. Definitions. For purposes of this section only, the following definitions shall apply:   a. Child or youth in foster care. For the purposes  of  this  article, the  term  "child  or youth in foster care" shall mean a child who is in the care and custody or custody and guardianship of a local commissioner of social services or the commissioner of the  office  of  children  and family services.   b.  School  district  of  origin. 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  at  the  time  of placement  into  foster  care  when  the social services district or the office of children and family  services  assumed  care  and  custody  or custody and guardianship of such child or youth, which is different from the school district of residence.   c.  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.   d. Feeder school. The term "feeder school" shall mean:  (1)  a  preschool  whose  students  are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool;  (2) a school  whose  students  are  entitled  to  attend  a  specified elementary,  middle,  intermediate, or high school or group of specified elementary, middle, intermediate, or high schools upon completion of the terminal grade of such school; or  (3) a school that sends its  students  to  a  receiving  school  in  a neighboring  school  district  pursuant to section two thousand forty of this chapter.   e. Preschool. The  term  "preschool"  shall  mean  a  publicly  funded pre-kindergarten  program  administered  by  the  department  or a local educational agency or a Head  Start  program  administered  by  a  local educational   agency   and/or   services   under  the  Individuals  with Disabilities Education Act administered by a local educational agency.   f. Receiving school. The term "receiving school" shall mean:  (1) a school that enrolls  students  from  a  specified  or  group  of preschools, elementary schools, middle schools, intermediate schools, or high schools; or  (2)  a  school  that  enrolls  students  from  a  feeder  school  in a neighboring local educational agency pursuant to  section  two  thousand forty of this chapter.   g.  School  of origin. The term "school of origin" shall mean a public school that a child or youth attended at  the  time  of  placement  into foster  care,  or  the  school  in  which  the  child  or youth was last enrolled, including a preschool or a charter school. Provided that,  for a  child  or  youth  in  foster care who completes the final grade level served by the school of  origin,  the  term  "school  of  origin"  shall include  the designated receiving school at the next grade level for all feeder schools. Where the child is eligible  to  attend  school  in  the school  district  of  origin because the child was placed in foster care after such child is eligible to apply, register, or enroll in the public preschool or kindergarten or the  child  is  living  with  a  school-age sibling  who attends school in the school district of origin, the school of origin shall include any public school or  preschool  in  which  such child  would  have  been  entitled  or  eligible to attend based on such child's last residence before the circumstances arose which caused  such child to be placed in foster care.    2.  Choice  of  district  and  school.  a.  Notwithstanding  any other provision of law to the  contrary,  the  social  services  district,  in consultation  with the appropriate local educational agency or agencies, shall designate either the school  district  of  origin  or  the  school district  of  residence  within  which the child in foster care shall be entitled to attend in accordance with a best interest determination made by the applicable  social  services  district  or  voluntary  authorized agency,  as defined in paragraph (a) of subdivision ten of section three hundred seventy-one of the social services law, in accordance  with  the regulations  of  the  office  of children and family services. The child shall be entitled to attend the school of  origin  or  any  school  that children  and  youth who live in the attendance area in which the foster care placement is located are eligible to attend, including a preschool, subject to a best interest determination made by the  applicable  social services   district  or  voluntary  authorized  agency,  as  defined  in paragraph (a) of subdivision ten of section three hundred seventy-one of the social services law, for the duration of the  child's  placement  in foster  care and until the end of the school year in which such child is no longer in foster care and  for  one  additional  year  if  that  year constitutes the child's terminal year in such building.   b.  Notwithstanding  any other provision of law to the contrary, where the school district of origin or school  of  origin  that  a  child  was attending  on  a  tuition-free basis or was entitled to attend when such child entered foster care is located in New York state and  the  child's foster  care placement is located in a contiguous state, the child shall be entitled to attend the school of origin or any school  that  children and  youth  who  live  in  the  attendance area in which the foster care placement is located are eligible  to  attend,  including  a  preschool, subject  to  a best interest determination made by the applicable social services  district  or  voluntary  authorized  agency,  as  defined   in paragraph (a) of subdivision ten of section three hundred seventy-one of the  social  services  law, for the duration of the child's placement in foster care and until the end of the school year in which such child  is no  longer  in  foster  care  and  for  one additional year if that year constitutes the child's terminal year in such building.   c. Notwithstanding  the  provisions  of  paragraph  a  or  b  of  this subdivision,  a  child  in foster care who is moved from one foster care placement to another shall be entitled to continue to attend the  school of  origin  or the social services district may designate that the child in foster care attend any school that children and youth who live in the attendance area in which  the  foster  care  placement  is  located  are eligible  to  attend,  including a preschool, subject to a best interest determination  made  by  the  applicable  social  services  district  or voluntary  authorized agency, as defined in paragraph (a) of subdivision ten of section three hundred seventy-one of the social services law, for the duration of the child's placement in foster care and until  the  end of  the  school year in which the child is no longer in such foster care placement and for one additional  year  if  that  year  constitutes  the child's terminal year in such building.   d.  Upon  notification  of the designation made by the social services district for a foster care youth,  the  designated  school  district  of attendance shall immediately:  (1)  enroll  the  child  or  youth in foster care even if the child or youth  is  unable  to  produce  records  normally  a   requirement   for enrollment,  such  as previous academic records, records of immunization and/or other required  health  records,  proof  of  residency  or  other documentation  and/or  even  if  the  child  has  missed  application or enrollment deadlines during any period of placement in foster  care,  if  applicable.  Provided  that nothing herein shall be construed to require the immediate attendance of an enrolled student lawfully  excluded  from school  temporarily pursuant to section nine hundred six of this chapter because   of  a  communicable  or  infectious  disease  that  imposes  a significant risk of infection of others;  (2) treat the child or youth in foster care  as  a  resident  for  all purposes; and  (3)  make  a  written request to the school district where the child's records are located for a copy of such records.   e. Within five days of receipt of a request for records in  accordance with  subparagraph  three of paragraph d of this subdivision, the school district shall forward, in a manner consistent with  state  and  federal law, a complete copy of the records of the child or youth in foster care including,   but  not  limited  to,  proof  of  age,  academic  records, evaluations,  immunization  records,   and   guardianship   papers,   if applicable.   f. Where the school of origin is a charter school, the school district designated pursuant to this subdivision shall be deemed to be the school district  of  residence  of  such  child  for  purposes  of  fiscal  and programmatic responsibility under article fifty-six of this chapter  and shall  be responsible for transportation of the child in foster care. If the designated school district of attendance is not the school  district of  origin,  the  designated  school  district  of  attendance  may seek reimbursement from the school district of origin in accordance with  the provisions of subdivision four of section thirty-two hundred two of this article.   g.  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,  as  amended  by  the  Every  Student Succeeds  Act  of 2015, shall designate a local educational agency point of contact for children and youth in foster  care.  Provided  that  such point  of  contact  shall  not  be  the  same  as the liaison designated pursuant to the subtitle B of title VII of the McKinney-Vento Assistance Act, unless the McKinney-Vento liaison has sufficient ability  to  carry out  the  responsibilities  of the McKinney-Vento liaison in addition to the responsibilities of the point of contact for children and  youth  in foster care.   3.  Reimbursement. The tuition costs of the education of such child or youth in foster care shall be borne in accordance with the provisions of paragraph d of subdivision four of section  thirty-two  hundred  two  of this article.   4.  Transportation. a. Notwithstanding any other provision of law, any child or youth in foster care who requires transportation  in  order  to attend a school of origin designated pursuant to subdivision two of this section,  shall  be  entitled to receive such transportation pursuant to this paragraph. The  designated  school  district  of  attendance  shall provide  transportation  to  and  from the child's foster care placement location  and  the  school  of  origin.  Any  cost  incurred  for   such transportation  that is allowable up to fifty miles each way 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 the commissioner's regulations.    b.  Notwithstanding  any  other  provision  of law, where any child or youth in foster care attends the school district of residence  and  such child  does  not attend the school of origin, such school district shall provide transportation to such child on the same  basis  as  a  resident student.    Any  cost incurred for such transportation that is allowable pursuant to the applicable provisions 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 the commissioner's regulations.   c.  Excess  allowable  transportation costs beyond those reimbursed in paragraphs a and b of this subdivision resulting from the attendance  of a  child  or  youth  in  foster  care shall be shared between the social services district responsible for the foster care costs of the child  or youth  and  the designated school district of attendance equally. Excess transportation costs shall mean the difference  between  what  a  school district  otherwise  would  spend  to  transport a student to his or her assigned school and the cost of transporting a child in foster  care  to his  or  her  school  of  origin;  except  as otherwise reimbursed under paragraph a  or  b  of  this  subdivision  and  as  further  defined  in regulations  of  the  commissioner. The school district and local social services district are expected to consider  and  utilize  all  allowable funding  sources,  including  any  available  federal  funds,  to  cover additional transportation costs. Provided however that school  districts and  social  services districts that have written agreements relating to how excess transportation costs should be  funded,  that  both  entities have  agreed to and are consistent with the requirements in subparagraph five of paragraph c of section one thousand one hundred twelve of  title twenty of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act of 2015, filed with the department and the  office of children and family services shall not be subject to this paragraph. In the absence  of  such  a  shared  agreement,  such  school districts  and  local  departments of social services are subject to the provisions of this paragraph.   d. Where the child has been placed in  foster  care  in  a  contiguous state  and has designated a school of origin located in the state of New York, the designated school district of attendance  in  New  York  state shall  collaborate  with  the  social  services  district to arrange for transportation.   5. Each child or youth in  foster  care  to  be  assisted  under  this section  shall  be  provided  services comparable to services offered to other students in the school selected under this section, including  the following:  transportation  services; educational services for which the child or youth meets the eligibility criteria, such as services provided under Title I of the Elementary and Secondary Education Act of  1965  or similar  state or local programs; educational programs for children with disabilities; educational programs for  English  learners;  programs  in career  and  technical  education;  programs  for  gifted  and  talented students; and school nutrition programs.   6. The commissioner, in consultation with the office of  children  and family services, may promulgate regulations to carry out the purposes of this section.