2023 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