NY State Senate Bill 2019-S4833

Senate Bill S4833

2019-2020 Legislative Session

Ensures that preschoolers with disabilities living in temporary housing shall maintain enrollment in their preschool special education program in the district of origin

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Mar 27, 2019	referred to education

co-Sponsors

2019-S4833 (ACTIVE) - Details

See Assembly Version of this Bill:: A4183
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §4410-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6373, A8639
2017-2018: S1877, A2559

2019-S4833 (ACTIVE) - Summary

Ensures that preschoolers with disabilities living in temporary housing shall maintain enrollment in their preschool special education program in the district of origin.

2019-S4833 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4833

SPONSOR: FELDER
 
TITLE OF BILL:  An act to amend the education law, in relation to the
education of a preschool child with a handicapping condition

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation promotes school stability for preschool students with
disabilities who are placed in foster care or become homeless by allow-
ing the child's original school district to retain responsibility for
preschool special education evaluation and placement in certain situ-
ations.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 1 of Section 4401-a of the Education law, as
amended by Chapter 705 of the Laws of 1992, is amended.

Section 2. Subdivision 2 and 3 of Section 4401-a as amended by Chapter
280 of the Laws of 1994, is amended.

Section 3. Effective date.

 
JUSTIFICATION:

Current law provides protections to promote school stability for school-
age students in foster care and school-age students who are homeless.
Students placed in foster care have the right to remain in their
original schools unless the child welfare agency determines that it is
not in their best interest to do so. For students who are homeless, the
child's parent may choose to keep the student in the original school or
to transfer the student to a school in the school district where the
student's temporary housing is located.

However, currently, state law does not give these protections to
preschool students with disabilities. Rather, for preschool students
with disabilities who are placed in foster care or become homeless,
state law requires the child's new school district to assume responsi-
bility for preschool special education evaluation and placement.  This
mandatory transfer can cause preschool students with disabilities to
lose their preschool special education placements and experience gaps in
services.

This legislation ensures that preschool students with disabilities who
are placed in foster care or who become homeless have school stability
protections. It enables the original school district to retain responsi-
bility for preschool special education evaluation and placement when a
child becomes homeless and the parent chooses this option or when a
child is placed in foster care unless the child welfare agency deter-
mines it is not in the child's best interest.

 
PRIOR LEGISLATIVE HISTORY:

2016: S.6373/A.8639 (Hevesi)-Passed Senate
2017/2018: S.1877/A.2559 (Hevesi)-Passed Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S4833 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4833
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD01053-01-9

 S. 4833                             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

 S. 4833                             3

 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.

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Senate Bill S4833

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Sponsored By

Simcha Felder