2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 65 - Compulsory Education and School Census › Part 1 - Compulsory Education › 3209 - Education of Homeless Children.

§ 3209. Education of homeless children. 1. Definitions.
a.  Homeless  child.  For  the  purposes  of  this  article,  the term
"homeless child" shall mean:
(1) a child  or  youth  who  lacks  a  fixed,  regular,  and  adequate
nighttime residence, including a child or youth who is:
(i)  sharing  the  housing  of other persons due to a loss of housing,
economic hardship or a similar reason;
(ii) living in motels, hotels, trailer parks or camping grounds due to
the lack of alternative adequate accommodations;
(iii) abandoned in hospitals; or
(iv) a migratory child,  as  defined  in  subsection  two  of  section
thirteen  hundred  nine of the Elementary and Secondary Education Act of
1965, as amended  by  the  Every  Student  Succeeds  Act  of  2015,  who
qualifies as homeless under any of the provisions of clauses (i) through
(iii) of this subparagraph or subparagraph two of this paragraph;
(v)  an  unaccompanied  youth,  as  defined  in  section seven hundred
twenty-five of subtitle B of title VII of  the  McKinney-Vento  Homeless
Assistance Act; or
(2) a child or youth who has a primary nighttime location that is:
(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
(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.
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 part or pursuant to
article eighty-one, eighty-five, eighty-seven or  eighty-eight  of  this
chapter.
b. Designator. The term "designator" shall mean:
(1) the parent or the person in parental relation to a homeless child;
or
(2) the homeless child, if no parent or person in parental relation is
available; or
(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  or  preschool  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. School  district  of  origin  shall
also  mean  the  school  district  in the state of New York in which the
child was residing when circumstances arose which caused such  child  to
become homeless if such child was eligible to apply, register, or enroll
in  public  preschool  or  kindergarten  at  the  time such child became
homeless, or the homeless child has a sibling who attends  a  school  in
the  school  district in which the child was residing when circumstances
arose which caused such child to become homeless.
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.
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.
f. 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.
g.  Preschool.  The  term  "preschool"  shall  mean  a publicly funded
prekindergarten 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.
h. 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.
i. School of origin. The term "school of origin" shall mean  a  public
school  that  a  child or youth attended when permanently housed, or the
school in which the child  or  youth  was  last  enrolled,  including  a
preschool  or  a  charter school. Provided that, for a homeless child or
youth 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 becomes homeless  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 become homeless.
2. Choice of district and school.
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) the school district of current location;
(2) the school district of origin; or
(3) a school district participating in a regional placement plan.
b.  The  designator  shall also have the right to designate one of the
following as the school where a  homeless  child  seeks  to  attend  for
instruction:
(1) the school of origin; or
(2)  any  school  that  nonhomeless children and youth who live in the
attendance area in which the child  or  youth  is  actually  living  are
eligible to attend, including a preschool.
c.  (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 school district of origin, 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  for  the  duration  of  the
homelessness  and  until  the end of the school year in which such child
becomes permanently housed and for one  additional  year  if  that  year
constitutes the child's terminal year in such building.
(2)  Notwithstanding any other provision of law to the contrary, where
the school district of origin or school of origin that 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
in New York state and the homeless child's temporary housing arrangement
is located in a contiguous state, the homeless child shall  be  entitled
to  attend  the school of origin or any school that nonhomeless children
and youth who live in the attendance area in which the child or youth is
actually living are eligible to attend, including a  preschool,  subject
to  a  best  interest  determination  pursuant  to subparagraph three of
paragraph f of this subdivision, for the duration  of  the  homelessness
and  until  the  end  of  the  school  year  in which such child becomes
permanently housed and for one additional year if that year  constitutes
the child's terminal year in such building.
(3)  Notwithstanding any other provision of law to the contrary, where
the child's temporary housing arrangement is located in New York  state,
the  homeless  child shall be entitled to attend the school of origin or
any  school  that  nonhomeless  children  and  youth  who  live  in  the
attendance  area  in  which  the  child  or youth is actually living are
eligible to attend, including a preschool, subject to  a  best  interest
determination  pursuant  to  subparagraph  three  of paragraph f of this
subdivision, for the duration of the homelessness and until the  end  of
the  school  year in which such child becomes permanently housed and for
one additional year if that year constitutes the child's  terminal  year
in such building.
d.  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 to attend  in  the  same  school
building or designate any school that nonhomeless children and youth who
live  in  the  attendance  area  in which the child or youth is actually
living are eligible to attend, including a preschool, subject to a  best
interest   determination   in  accordance  with  subparagraph  three  of
paragraph f of this subdivision, for the duration  of  the  homelessness
and  until  the  end  of  the  school  year  in  which the child becomes
permanently housed and for one additional year if that year  constitutes
the child's terminal year in such building.
e.   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 and shall ensure that
the  completed  designation  forms  are  given  to the local educational
agency liaison for the local educational agency in which the  designated
school  is  located  in  a  timeframe  prescribed by the commissioner in
regulations. 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 and shall forward the completed designation form to the
local educational agency liaison for the  local  educational  agency  in
which  the designated school is located in a timeframe prescribed by the
commissioner in regulations.
f. Upon  receipt  of  the  designation  form,  the  designated  school
district shall immediately:
(1) review the designation form to ensure that it has been completed;
(2)  admit  the homeless child 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 homelessness, 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;
(3) determine whether  the  designation  made  by  the  designator  is
consistent  with  the  best interests of the homeless child or youth. In
determining a homeless child's best interest, a local educational agency
shall:
(i) presume that keeping the homeless child or youth in the school  of
origin  is in the child's or youth's best interest, except when doing so
is contrary to the request of the child's parent or guardian, or in  the
case of an unaccompanied youth, the youth;
(ii)  consider  student-centered factors, including but not limited to
factors related to the impact of mobility on achievement, education, the
health and safety of the homeless child, giving priority to the  request
of the child's or youth's parent or guardian or the youth in the case of
an unaccompanied youth;
(iii)  if  after considering student-centered factors and conducting a
best interest school  placement  determination,  the  local  educational
agency  determines  that it is not in the homeless child's best interest
to attend  the  school  of  origin  or  the  school  designated  by  the
designator,   the  local  educational  agency  must  provide  a  written
explanation of the reasons for its determination, in a manner  and  form
understandable  to  such  parent,  guardian, or unaccompanied youth. The
information must also include  information  regarding  the  right  to  a
timely  appeal  in  accordance with regulations of the commissioner. The
homeless child or  youth  must  be  enrolled  in  the  school  in  which
enrollment  is  sought  by  the  designator  during  the pendency of all
available appeals;
(4) treat the homeless child as a resident for all purposes;
(5) make a written request to the school district  where  the  child's
records are located for a copy of such records; and
(6)  forward  the  designation  form  to the school district of origin
where applicable.
g.  Within  five  days of receipt of a request for records pursuant to
subparagraph five  of  paragraph  f  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.
h. 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  homeless  child  if  a
social  services  district  is  not  otherwise  responsible  pursuant to
subdivision four of this section.
i. 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,  as  amended  by  the  Every  Student
Succeeds Act of 2015, 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.
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,  including  preschool
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, including those  in  preschool  and  students  with
disabilities  identified pursuant to sections forty-four hundred one and
forty-four hundred two of this chapter  whose  individualized  education
programs  include  special  transportation services, 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.  Where  the  social  services district requests that the
designated  school  district  of  attendance  provide  or  arrange   for
transportation for a homeless child eligible for transportation pursuant
to  this  paragraph,  the designated school district of attendance shall
provide or arrange  for  the  transportation  and  the  social  services
district  shall  fully  and  promptly  reimburse  the  designated school
district of attendance for the cost  as  determined  by  the  designated
school  district.  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 designated school district of attendance 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  designated district of attendance shall be authorized to
contract  with  a  board  of  cooperative  educational  services  or   a
residential  program for runaway and homeless youth for the provision of
such transportation.  The  department  shall  reimburse  the  designated
school district of attendance for the cost of transporting such child to
and  from  the residential program and the school attended by such child
to the extent funds are provided for such purpose, as determined by  the
director of the budget.
c.  Notwithstanding any other provision of law, any homeless child not
entitled to receive transportation pursuant to paragraphs  a  and  b  of
this subdivision 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 temporary  housing  location  and
the  school  of  origin.  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 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.
e.  Where the designated school district of attendance has recommended
that the homeless child attend a summer educational program and the lack
of transportation poses a barrier to such child's participation  in  the
summer educational program, the designated school district of attendance
shall provide transportation.
f.  The  designated  school  district  of  attendance,  or  the social
services district if such child is eligible for transportation from  the
social  services  district  pursuant to paragraph a of this subdivision,
shall provide  or  arrange  for  transportation  to  extracurricular  or
academic activities where:
(1) the homeless child participates in or would like to participate in
an  extracurricular  or  academic  activity,  including  an after-school
activity, at the school;
(2) the homeless child meets the relevant eligibility criteria for the
activity; and
(3) the lack  of  transportation  poses  a  barrier  to  such  child's
participation in the activity.
g.  Where  the  homeless  child  is temporarily living in a contiguous
state and has designated a school of origin located in the state of  New
York, the designated school district in New York state shall collaborate
with  the  local  educational  agency in which such child is temporarily
living  to  arrange  for  transportation  in  accordance  with   section
722(g)(1)(J)(iii)(II) of the McKinney-Vento Homeless Assistance Act.
h.  Where  the  homeless child is temporarily living in New York state
and continues to attend a school  of  origin  located  in  a  contiguous
state, the school district of current location shall coordinate with the
local educational agency where such child is attending school to arrange
for  transportation  in accordance with section 722(g)(1)(J)(iii)(II) of
the McKinney-Vento Homeless Assistance Act.
i. Transportation as described in this subdivision must be provided to
the homeless child by the designated school district  of  attendance  or
the  social  services  district  for  the  duration of homelessness. The
designated district of attendance  must  transport  the  child  for  the
remainder  of  the  school  year  in which the child becomes permanently
housed and one additional year if  that  year  constitutes  the  child's
terminal year in the designated school. 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.  The  designated school district of attendance
shall be entitled to reimbursement from the current school  district  in
which  the  child  becomes  permanently housed for any cost incurred for
transportation for the remainder of the  school  year  after  the  child
becomes  permanently  housed  and  one  additional  year  if  that  year
constitutes the child's terminal year in the designated school.
5. Each school district shall:
a.  establish  procedures,  in  accordance  with  42  U.S.C.   section
11432(g)(3)(E),  for  the prompt resolution of disputes regarding school
selection or enrollment of a homeless child or youth, including, but not
limited to,  disputes  regarding  transportation  and/or  a  child's  or
youth's status as a homeless child or unaccompanied youth;
b.  provide a written explanation, including a statement regarding the
right to appeal pursuant to 42 U.S.C.  section  11432(g)(3)(E)(ii),  the
name,  post office address and telephone number of the local educational
agency liaison and the form petition for commencing  an  appeal  to  the
commissioner  pursuant to section three hundred ten of this chapter of a
final  determination  regarding  enrollment,  school  selection   and/or
transportation,  to  the homeless child's or youth's parent or guardian,
if the school district declines to either enroll and/or  transport  such
child  or  youth  to  the  school of origin or a school requested by the
parent or guardian; and
c. shall immediately enroll the child or youth in the school in  which
enrollment  is  sought  pending final resolution of the dispute over the
school district's final determination of the child's or youth's homeless
status, including all available appeals  within  the  local  educational
agency  and the commissioner pursuant to the provisions of section three
hundred ten of this chapter.
6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
commissioner, the commissioner of the office of temporary and disability
assistance  and  the  commissioner  of the office of children and family
services 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.
7.  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.
8.  Information  about  a homeless child's or youth's living situation
shall be treated as a student  educational  record,  and  shall  not  be
deemed  to  be  directory information, under the McKinney-Vento Homeless
Assistance Act, as amended by the Every Student Succeeds Act of 2015.
9. Each homeless child 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.
10. The commissioner may  promulgate  regulations  to  carry  out  the
purposes of this section.