S T A T E   O F   N E W   Y O R K
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                                  3131

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law,  in  relation  to  the  education  of
  persons in youth shelters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs b and f of subdivision 7 of section 3202 of  the
education law, paragraph b as amended by section 27 of part B of chapter
57  of  the  laws of 2007 and paragraph f as added by chapter 564 of the
laws of 2001, are amended to read as follows:
  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 REMANDED
TO A youth shelter shall reimburse the [education]  department  for  its
expenditure for the full time equivalent attendance of such child pursu-
ant  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  accord-
ance  with  this  paragraph. Upon certification by the commissioner, the
comptroller shall deduct from any state funds  which  become  due  to  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02788-01-1
              

A. 3131                             2

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.
  f. As used in this subdivision, "youth shelter" shall mean an alterna-
tive residential facility for the incarceration of  youths  between  the
ages  of sixteen and twenty-one who are remanded by the criminal courts,
PROVIDED THAT SUCH TERM SHALL NOT INCLUDE  RESIDENTIAL  PROGRAMS  ESTAB-
LISHED  PURSUANT  TO  ARTICLE  NINETEEN-G OR NINETEEN-H OF THE EXECUTIVE
LAW, A RESIDENTIAL FACILITY OR GROUP HOME OPERATED, LICENSED  OR  CERTI-
FIED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES OR ITS SUCCESSOR
PURSUANT TO SUCH ARTICLES NINETEEN-G AND NINETEEN-H,  OR  A  CHILD  CARE
INSTITUTION  AS  DEFINED IN SUBDIVISION TWO OF SECTION FOUR THOUSAND ONE
OF THIS CHAPTER.
  S 2. This act shall take effect immediately.