S T A T E   O F   N E W   Y O R K
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                                  8639

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            December 23, 2015
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Education

AN  ACT  to  amend  the education law, in relation to the education of a
  preschool child with a handicapping condition

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

  Section  1.   Paragraphs d, e and g of subdivision 1 of section 4410-a
of the education law, as amended by chapter 705 of the laws of 1992, are
amended and a new paragraph i is added to read as follows:
  d. "Municipality of current location" FOR A CHILD IN FOSTER CARE OR  A
CHILD  IN  RESIDENTIAL  CARE  shall mean a municipality in which a child
lives which is different from the municipality in which a child or  such
child's  family  lived  at  the  time a social services district assumed
responsibility for the placement of such child or family, or at the time
such child was admitted for care and/or treatment in a facility licensed
or operated by another state agency.   PROVIDED,  HOWEVER,  THAT  FOR  A
CHILD  WHO IS HOMELESS "MUNICIPALITY OF CURRENT LOCATION" SHALL MEAN THE
MUNICIPALITY IN WHICH THE HOTEL,  MOTEL,  SHELTER,  OR  OTHER  TEMPORARY
HOUSING  ARRANGEMENT  OF A HOMELESS CHILD IS LOCATED, WHICH IS DIFFERENT
FROM THE MUNICIPALITY OF RESIDENCE.
  e. "Municipality of residence" FOR A CHILD IN FOSTER CARE OR  A  CHILD
IN RESIDENTIAL CARE shall mean the municipality in which a child or such
child's  family  lived  at  the  time the local social services district
assumed responsibility for the placement of such child or family, or  at
the time such child was admitted for care and/or treatment in a facility
licensed  or  operated  by another state agency. PROVIDED, HOWEVER, THAT
FOR A CHILD WHO IS HOMELESS "MUNICIPALITY OF RESIDENCE" SHALL  MEAN  THE
MUNICIPALITY  IN WHICH A CHILD OR SUCH CHILD'S FAMILY LIVED WHEN CIRCUM-
STANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
  g. "School district of current location" FOR A CHILD IN FOSTER CARE OR
A CHILD IN RESIDENTIAL CARE shall mean a  school  district  in  which  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13018-02-5
              

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child lives which is different from the school district in which a child
or  such  child's  family  lived  at the time a social services district
assumed responsibility for the placement of such child or family, or  at
the time such child was admitted for care and/or treatment in a facility
licensed  or  operated  by another state agency. PROVIDED, HOWEVER, THAT
FOR A CHILD WHO IS HOMELESS "SCHOOL DISTRICT OF CURRENT LOCATION"  SHALL
MEAN  THE  SCHOOL  DISTRICT IN WHICH THE HOTEL, MOTEL, SHELTER, OR OTHER
TEMPORARY HOUSING ARRANGEMENT OF A HOMELESS CHILD IS LOCATED,  WHICH  IS
DIFFERENT FROM THE SCHOOL DISTRICT OF RESIDENCE.
  I.  "SCHOOL  DISTRICT  OF  RESIDENCE"  FOR A CHILD IN FOSTER CARE OR A
CHILD IN RESIDENTIAL CARE SHALL MEAN THE  SCHOOL  DISTRICT  IN  WHICH  A
CHILD OR SUCH CHILD'S FAMILY LIVED AT THE TIME THE LOCAL SOCIAL SERVICES
DISTRICT ASSUMED RESPONSIBILITY FOR THE PLACEMENT OF SUCH CHILD OR FAMI-
LY,  OR AT THE TIME SUCH CHILD WAS ADMITTED FOR CARE AND/OR TREATMENT IN
A FACILITY LICENSED OR  OPERATED  BY  ANOTHER  STATE  AGENCY,  WHICH  IS
DIFFERENT FROM THE SCHOOL DISTRICT OF CURRENT LOCATION. PROVIDED, HOWEV-
ER,  THAT  FOR  A  CHILD  WHO IS HOMELESS "SCHOOL DISTRICT OF RESIDENCE"
SHALL MEAN THE SCHOOL DISTRICT IN WHICH A CHILD OR SUCH  CHILD'S  FAMILY
LIVED  WHEN  CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOME-
LESS, WHICH IS DIFFERENT FROM THE SCHOOL DISTRICT OF CURRENT LOCATION.
  S 2. Subdivisions 2 and 3 of section 4410-a of the education  law,  as
amended  by  chapter  280  of  the  laws of 1994, are amended to read as
follows:
  2. School district evaluation and placement responsibility.  A.  CHILD
IN  RESIDENTIAL  CARE.  The  school  district  of  current location of a
[foster care or homeless child or] child in residential  care  shall  be
responsible for the evaluation and placement procedures prescribed for a
preschool  child  suspected  of having a handicapping condition OR FOR A
PRESCHOOL CHILD WITH A DISABILITY pursuant to section forty-four hundred
ten of this chapter.
  B. CHILD IN FOSTER CARE. FOR  A  CHILD  IN  FOSTER  CARE,  THE  SCHOOL
DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR THE EVALUATION AND PLACE-
MENT  PROCEDURES  PRESCRIBED FOR A PRESCHOOL CHILD SUSPECTED OF HAVING A
HANDICAPPING CONDITION OR FOR A PRESCHOOL CHILD WITH A DISABILITY PURSU-
ANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, UNLESS THE  CHILD
WELFARE  AGENCY  DETERMINES  THAT IT IS IN THE CHILD'S BEST INTERESTS TO
TRANSFER  SUCH  RESPONSIBILITIES  TO  THE  SCHOOL  DISTRICT  OF  CURRENT
LOCATION.
  C.  CHILD  WHO IS HOMELESS. FOR A CHILD WHO IS HOMELESS, THE PARENT OR
THE PERSON IN PARENTAL RELATION TO THE HOMELESS  CHILD  SHALL  DESIGNATE
EITHER  THE  SCHOOL  DISTRICT  OF  RESIDENCE  OR  THE SCHOOL DISTRICT OF
CURRENT LOCATION AND SUCH DESIGNATED DISTRICT SHALL BE  RESPONSIBLE  FOR
THE EVALUATION AND PLACEMENT PROCEDURES PRESCRIBED FOR A PRESCHOOL CHILD
SUSPECTED  OF  HAVING  A HANDICAPPING CONDITION OR FOR A PRESCHOOL CHILD
WITH A DISABILITY PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS
CHAPTER.
  D.  In  issuing  its  written notice of determination of services, the
board of education of [such] THE school  district  WITH  EVALUATION  AND
PLACEMENT RESPONSIBILITY AS DETERMINED IN PARAGRAPHS A, B, AND C OF THIS
SUBDIVISION shall identify the municipality of residence AND THE MUNICI-
PALITY  OF  CURRENT  LOCATION  of  a preschool child with a handicapping
condition who is a foster care or homeless child or child in residential
care.  Such notice of determination shall be  transmitted  to  both  the
municipality of residence and the municipality of current location.
  3.  Contract and payment responsibility.  The municipality [of current
location] IN WHICH THE SCHOOL DISTRICT THAT HAS EVALUATION AND PLACEMENT

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RESPONSIBILITY IS LOCATED shall be the  municipality  of  record  for  a
preschool  child  with  a handicapping condition who is a foster care or
homeless child or child in residential care for the purposes of  section
forty-four hundred ten of this chapter provided, however, that, notwith-
standing  the  provision  of  paragraph  b of subdivision eleven of such
section, the state shall reimburse one hundred percent of  the  approved
costs  paid  by  such  municipality  which  shall be offset by the local
contribution due pursuant to subdivision four of this section.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.