S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2559
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 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.
              

                                                            LBD01208-01-7

 A. 2559                             2
 
 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.
   § 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.