2023 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 one of the veterans' services 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
one  of  the  veterans' services 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
or her 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   individuals   with
developmental  disabilities 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 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 individuals with developmental
disabilities 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  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 forty-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  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 department is authorized to reimburse each school district
furnishing educational services to  children  residing  in  schools  for
individuals  with  developmental disabilities 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  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
individuals with developmental disabilities  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
individuals with developmental disabilities, other than a state operated
school  for  individuals  with developmental disabilities, 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 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  individuals  with  developmental  disabilities  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
individuals  with  developmental disabilities. 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.
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.