§ 3209. Education of homeless children. 1. Definitions.

a. Homeless child. For the purposes of this article, the term
"homeless child" shall mean:

(1) a child or youth who lacks a fixed, regular, and adequate
nighttime residence, including a child or youth who is:

(i) sharing the housing of other persons due to a loss of housing,
economic hardship or a similar reason;

(ii) living in motels, hotels, trailer parks or camping grounds due to
the lack of alternative adequate accommodations;

(iii) abandoned in hospitals; or

(iv) a migratory child, as defined in subsection two of section
thirteen hundred nine of the Elementary and Secondary Education Act of
1965, as amended by the Every Student Succeeds Act of 2015, who
qualifies as homeless under any of the provisions of clauses (i) through
(iii) of this subparagraph or subparagraph two of this paragraph;

(v) an unaccompanied youth, as defined in section seven hundred
twenty-five of subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act; or

(2) a child or youth who has a primary nighttime location that is:

(i) a supervised publicly or privately operated shelter designed to
provide temporary living accommodations including, but not limited to,
shelters operated or approved by the state or local department of social
services, and residential programs for runaway and homeless youth
established pursuant to article nineteen-H of the executive law; or

(ii) a public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings, including a child
or youth who is living in a car, park, public space, abandoned building,
substandard housing, bus or train stations or similar setting.

a-1. Exception. For the purposes of this article the term "homeless
child" shall not include a child in a foster care placement or receiving
educational services pursuant to subdivision four, five, six, six-a or
seven of section thirty-two hundred two of this part or pursuant to
article eighty-one, eighty-five, eighty-seven or eighty-eight of this
chapter.

b. Designator. The term "designator" shall mean:

(1) the parent or the person in parental relation to a homeless child;
or

(2) the homeless child, if no parent or person in parental relation is
available; or

(3) the director of a residential program for runaway and homeless
youth established pursuant to article nineteen-H of the executive law,
in consultation with the homeless child, where such homeless child is
living in such program.

c. School district of origin. The term "school district of origin"
shall mean the school district within the state of New York in which the
homeless child was attending a public school or preschool on a
tuition-free basis or was entitled to attend when circumstances arose
which caused such child to become homeless, which is different from the
school district of current location. School district of origin shall
also mean the school district in the state of New York in which the
child was residing when circumstances arose which caused such child to
become homeless if such child was eligible to apply, register, or enroll
in public preschool or kindergarten at the time such child became
homeless, or the homeless child has a sibling who attends a school in
the school district in which the child was residing when circumstances
arose which caused such child to become homeless.

d. School district of current location. The term "school district of
current location" shall mean the public school district within the state
of New York in which the hotel, motel, shelter or other temporary
housing arrangement of a homeless child, or the residential program for
runaway and homeless youth, is located, which is different from the
school district of origin.

e. Regional placement plan. The term "regional placement plan" shall
mean a comprehensive regional approach to the provision of educational
placements for homeless children which has been approved by the
commissioner.

f. Feeder school. The term "feeder school" shall mean:

(1) a preschool whose students are entitled to attend a specified
elementary school or group of elementary schools upon completion of that
preschool;

(2) a school whose students are entitled to attend a specified
elementary, middle, intermediate, or high school or group of specified
elementary, middle, intermediate, or high schools upon completion of the
terminal grade of such school; or

(3) a school that sends its students to a receiving school in a
neighboring school district pursuant to section two thousand forty of
this chapter.

g. Preschool. The term "preschool" shall mean a publicly funded
prekindergarten program administered by the department or a local
educational agency or a Head Start program administered by a local
educational agency and/or services under the Individuals with
Disabilities Education Act administered by a local educational agency.

h. Receiving school. The term "receiving school" shall mean:

(1) a school that enrolls students from a specified or group of
preschools, elementary schools, middle schools, intermediate schools, or
high schools; or

(2) a school that enrolls students from a feeder school in a
neighboring local educational agency pursuant to section two thousand
forty of this chapter.

i. School of origin. The term "school of origin" shall mean a public
school that a child or youth attended when permanently housed, or the
school in which the child or youth was last enrolled, including a
preschool or a charter school. Provided that, for a homeless child or
youth who completes the final grade level served by the school of
origin, the term "school of origin" shall include the designated
receiving school at the next grade level for all feeder schools. Where
the child is eligible to attend school in the school district of origin
because the child becomes homeless after such child is eligible to
apply, register, or enroll in the public preschool or kindergarten or
the child is living with a school-age sibling who attends school in the
school district of origin, the school of origin shall include any public
school or preschool in which such child would have been entitled or
eligible to attend based on such child's last residence before the
circumstances arose which caused such child to become homeless.

2. Choice of district and school.

a. The designator shall have the right to designate one of the
following as the school district within which the homeless child shall
be entitled to attend upon instruction:

(1) the school district of current location;

(2) the school district of origin; or

(3) a school district participating in a regional placement plan.

b. The designator shall also have the right to designate one of the
following as the school where a homeless child seeks to attend for
instruction:

(1) the school of origin; or

(2) any school that nonhomeless children and youth who live in the
attendance area in which the child or youth is actually living are
eligible to attend, including a preschool.

c. (1) Notwithstanding any other provision of law to the contrary,
where the public school district in which a homeless child is
temporarily housed is the school district of origin, the homeless child
shall be entitled to attend the schools of such district without the
payment of tuition in accordance with subdivision one of section
thirty-two hundred two of this article for the duration of the
homelessness and until the end of the school year in which such child
becomes permanently housed and for one additional year if that year
constitutes the child's terminal year in such building.

(2) Notwithstanding any other provision of law to the contrary, where
the school district of origin or school of origin that a homeless child
was attending on a tuition-free basis or was entitled to attend when
circumstances arose which caused the child to become homeless is located
in New York state and the homeless child's temporary housing arrangement
is located in a contiguous state, the homeless child shall be entitled
to attend the school of origin or any school that nonhomeless children
and youth who live in the attendance area in which the child or youth is
actually living are eligible to attend, including a preschool, subject
to a best interest determination pursuant to subparagraph three of
paragraph f of this subdivision, for the duration of the homelessness
and until the end of the school year in which such child becomes
permanently housed and for one additional year if that year constitutes
the child's terminal year in such building.

(3) Notwithstanding any other provision of law to the contrary, where
the child's temporary housing arrangement is located in New York state,
the homeless child shall be entitled to attend the school of origin or
any school that nonhomeless children and youth who live in the
attendance area in which the child or youth is actually living are
eligible to attend, including a preschool, subject to a best interest
determination pursuant to subparagraph three of paragraph f of this
subdivision, for the duration of the homelessness and until the end of
the school year in which such child becomes permanently housed and for
one additional year if that year constitutes the child's terminal year
in such building.

d. Notwithstanding the provisions of paragraph a of this subdivision,
a homeless child who has designated the school district of current
location as the district of attendance and who has relocated to another
temporary housing arrangement outside of such district, or to a
different attendance zone or community school district within such
district, shall be entitled to continue to attend in the same school
building or designate any school that nonhomeless children and youth who
live in the attendance area in which the child or youth is actually
living are eligible to attend, including a preschool, subject to a best
interest determination in accordance with subparagraph three of
paragraph f of this subdivision, for the duration of the homelessness
and until the end of the school year in which the child becomes
permanently housed and for one additional year if that year constitutes
the child's terminal year in such building.

e. Such designation shall be made on forms specified by the
commissioner, and shall include the name of the child, the name of the
parent or person in parental relation to the child, the name and
location of the temporary housing arrangement, the name of the school
district of origin, the name of the school district where the child's
records are located, the complete address where the family was located
at the time circumstances arose which caused such child to become
homeless and any other information required by the commissioner. All
school districts, temporary housing facilities operated or approved by a
local social services district, and residential facilities for runaway
and homeless youth shall make such forms available and shall ensure that
the completed designation forms are given to the local educational
agency liaison for the local educational agency in which the designated
school is located in a timeframe prescribed by the commissioner in
regulations. Where the homeless child is located in a temporary housing
facility operated or approved by a local social services district, or a
residential facility for runaway and homeless youth, the director of the
facility or a person designated by the social services district, shall,
within two business days, assist the designator in completing the
designation forms and enrolling the homeless child in the designated
school district and shall forward the completed designation form to the
local educational agency liaison for the local educational agency in
which the designated school is located in a timeframe prescribed by the
commissioner in regulations.

f. Upon receipt of the designation form, the designated school
district shall immediately:

(1) review the designation form to ensure that it has been completed;

(2) admit the homeless child even if the child or youth is unable to
produce records normally a requirement for enrollment, such as previous
academic records, records of immunization and/or other required health
records, proof of residency or other documentation and/or even if the
child has missed application or enrollment deadlines during any period
of homelessness, if applicable. Provided that nothing herein shall be
construed to require the immediate attendance of an enrolled student
lawfully excluded from school temporarily pursuant to section nine
hundred six of this chapter because of a communicable or infectious
disease that imposes a significant risk of infection of others;

(3) determine whether the designation made by the designator is
consistent with the best interests of the homeless child or youth. In
determining a homeless child's best interest, a local educational agency
shall:

(i) presume that keeping the homeless child or youth in the school of
origin is in the child's or youth's best interest, except when doing so
is contrary to the request of the child's parent or guardian, or in the
case of an unaccompanied youth, the youth;

(ii) consider student-centered factors, including but not limited to
factors related to the impact of mobility on achievement, education, the
health and safety of the homeless child, giving priority to the request
of the child's or youth's parent or guardian or the youth in the case of
an unaccompanied youth;

(iii) if after considering student-centered factors and conducting a
best interest school placement determination, the local educational
agency determines that it is not in the homeless child's best interest
to attend the school of origin or the school designated by the
designator, the local educational agency must provide a written
explanation of the reasons for its determination, in a manner and form
understandable to such parent, guardian, or unaccompanied youth. The
information must also include information regarding the right to a
timely appeal in accordance with regulations of the commissioner. The
homeless child or youth must be enrolled in the school in which
enrollment is sought by the designator during the pendency of all
available appeals;

(4) treat the homeless child as a resident for all purposes;

(5) make a written request to the school district where the child's
records are located for a copy of such records; and

(6) forward the designation form to the school district of origin
where applicable.

g. Within five days of receipt of a request for records pursuant to
subparagraph five of paragraph f of this subdivision, the school
district shall forward, in a manner consistent with state and federal
law, a complete copy of the homeless child's records including, but not
limited to, proof of age, academic records, evaluations, immunization
records, and guardianship papers, if applicable.

h. Where the school of origin is a charter school, the school district
designated pursuant to this subdivision shall be deemed to be the school
district of residence of such child for purposes of fiscal and
programmatic responsibility under article fifty-six of this chapter and
shall be responsible for transportation of the homeless child if a
social services district is not otherwise responsible pursuant to
subdivision four of this section.

i. The commissioner shall promulgate regulations setting forth the
circumstances pursuant to which a change in designation may be made and
establishing a procedure for the identification of the school district
of origin.

2-a. Notwithstanding any other provision of law to the contrary, each
local educational agency, as such term is defined in subsection
twenty-six of section ninety-one hundred one of the Elementary and
Secondary Education Act of 1965, as amended by the Every Student
Succeeds Act of 2015, shall designate a local educational agency liaison
for homeless children and youths and shall, consistent with the
provisions of this section, otherwise comply with the applicable
requirements of paragraphs three through seven of subsection (g) of
section seven hundred twenty-two of subtitle B of title VII of the
McKinney-Vento Assistance Act.

3. Reimbursement.

a. Where either the school district of current location or a school
district participating in a regional placement plan is designated as the
district in which the homeless child shall attend upon instruction and
such homeless child's school district of origin is within New York
state, the school district providing instruction, including preschool
instruction, shall be eligible for reimbursement by the department, as
approved by the commissioner, for the direct cost of educational
services, not otherwise reimbursed under special federal programs,
calculated pursuant to regulations of the commissioner for the period of
time for which such services are provided. The claim for such
reimbursement shall be in a form prescribed by the commissioner. The
educational costs for such children shall not be otherwise aidable or
reimbursable.

b. The school district of origin shall reimburse the department for
its expenditure for educational services on behalf of a homeless child
pursuant to paragraph a of this subdivision 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,
pro-rated for the period of time for which such services were provided
in the base year by a school district other than the school district of
origin. Upon certification by the commissioner, the comptroller shall
deduct from any state funds which become due to the school district of
origin 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.

4. Transportation.

a. A social services district shall provide for the transportation of
each homeless child, including those in preschool and students with
disabilities identified pursuant to sections forty-four hundred one and
forty-four hundred two of this chapter whose individualized education
programs include special transportation services, who is eligible for
benefits pursuant to section three hundred fifty-j of the social
services law, to and from a temporary housing location in which the
child was placed by the social services district and the school attended
by such child pursuant to this section, if such temporary housing
facility is located outside of the designated school district pursuant
to paragraph a of subdivision two of this section. A social services
district shall be authorized to contract with a board of education or a
board of cooperative educational services for the provision of such
transportation. Where the social services district requests that the
designated school district of attendance provide or arrange for
transportation for a homeless child eligible for transportation pursuant
to this paragraph, the designated school district of attendance shall
provide or arrange for the transportation and the social services
district shall fully and promptly reimburse the designated school
district of attendance for the cost as determined by the designated
school district. This paragraph shall apply to placements made by a
social services district without regard to whether a payment is made by
the district to the operator of the temporary housing facility.

b. The designated school district of attendance shall provide for the
transportation of each homeless child who is living in a residential
program for runaway and homeless youth established pursuant to article
nineteen-H of the executive law, to and from such residential program,
and the school attended by such child pursuant to this section, if such
temporary housing location is located outside the designated school
district. The designated district of attendance shall be authorized to
contract with a board of cooperative educational services or a
residential program for runaway and homeless youth for the provision of
such transportation. The department shall reimburse the designated
school district of attendance for the cost of transporting such child to
and from the residential program and the school attended by such child
to the extent funds are provided for such purpose, as determined by the
director of the budget.

c. Notwithstanding any other provision of law, any homeless child not
entitled to receive transportation pursuant to paragraphs a and b of
this subdivision who requires transportation in order to attend a school
of origin designated pursuant to subdivision two of this section, shall
be entitled to receive such transportation pursuant to this paragraph.
The designated school district of attendance shall provide
transportation to and from the child's temporary housing location and
the school of origin. Such transportation shall not be in excess of
fifty miles each way except where the commissioner certifies that
transportation in excess of fifty miles is in the best interest of the
child. Any cost incurred for such transportation that is allowable
pursuant to the applicable provision of parts two and three of article
seventy-three of this chapter or herein, shall be aidable pursuant to
subdivision seven of section thirty-six hundred two of this chapter,
provided that the approved transportation expense shall not exceed an
amount determined by the commissioner to be the total cost for providing
the most cost-effective mode of such transportation in a manner
consistent with commissioner's regulations. The commissioner shall
promulgate regulations setting forth the circumstances pursuant to which
parent accompaniment for transportation may be reimbursable, including
but not limited to: the age of the child; the distance of the
transportation; the cost-effectiveness of the transportation; and
whether the child has a handicapping condition.

d. Notwithstanding any other provision of law, where a homeless child
designates the school district of current location as the district the
child will attend and such child does not attend the school of origin,
such school district shall provide transportation to such child on the
same basis as a resident student.

e. Where the designated school district of attendance has recommended
that the homeless child attend a summer educational program and the lack
of transportation poses a barrier to such child's participation in the
summer educational program, the designated school district of attendance
shall provide transportation.

f. The designated school district of attendance, or the social
services district if such child is eligible for transportation from the
social services district pursuant to paragraph a of this subdivision,
shall provide or arrange for transportation to extracurricular or
academic activities where:

(1) the homeless child participates in or would like to participate in
an extracurricular or academic activity, including an after-school
activity, at the school;

(2) the homeless child meets the relevant eligibility criteria for the
activity; and

(3) the lack of transportation poses a barrier to such child's
participation in the activity.

g. Where the homeless child is temporarily living in a contiguous
state and has designated a school of origin located in the state of New
York, the designated school district in New York state shall collaborate
with the local educational agency in which such child is temporarily
living to arrange for transportation in accordance with section
722(g)(1)(J)(iii)(II) of the McKinney-Vento Homeless Assistance Act.

h. Where the homeless child is temporarily living in New York state
and continues to attend a school of origin located in a contiguous
state, the school district of current location shall coordinate with the
local educational agency where such child is attending school to arrange
for transportation in accordance with section 722(g)(1)(J)(iii)(II) of
the McKinney-Vento Homeless Assistance Act.

i. Transportation as described in this subdivision must be provided to
the homeless child by the designated school district of attendance or
the social services district for the duration of homelessness. The
designated district of attendance must transport the child for the
remainder of the school year in which the child becomes permanently
housed and one additional year if that year constitutes the child's
terminal year in the designated school. Such transportation shall not be
in excess of fifty miles each way except where the commissioner
certifies that transportation in excess of fifty miles is in the best
interest of the child. The designated school district of attendance
shall be entitled to reimbursement from the current school district in
which the child becomes permanently housed for any cost incurred for
transportation for the remainder of the school year after the child
becomes permanently housed and one additional year if that year
constitutes the child's terminal year in the designated school.

5. Each school district shall:

a. establish procedures, in accordance with 42 U.S.C. section
11432(g)(3)(E), for the prompt resolution of disputes regarding school
selection or enrollment of a homeless child or youth, including, but not
limited to, disputes regarding transportation and/or a child's or
youth's status as a homeless child or unaccompanied youth;

b. provide a written explanation, including a statement regarding the
right to appeal pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the
name, post office address and telephone number of the local educational
agency liaison and the form petition for commencing an appeal to the
commissioner pursuant to section three hundred ten of this chapter of a
final determination regarding enrollment, school selection and/or
transportation, to the homeless child's or youth's parent or guardian,
if the school district declines to either enroll and/or transport such
child or youth to the school of origin or a school requested by the
parent or guardian; and

c. shall immediately enroll the child or youth in the school in which
enrollment is sought pending final resolution of the dispute over the
school district's final determination of the child's or youth's homeless
status, including all available appeals within the local educational
agency and the commissioner pursuant to the provisions of section three
hundred ten of this chapter.

6. a. By January thirty-first, nineteen hundred ninety-five, the
commissioner, the commissioner of the office of temporary and disability
assistance and the commissioner of the office of children and family
services shall develop a plan to ensure coordination and access to
education for homeless children and shall annually review such plan.

b. The commissioner shall periodically monitor local school districts
to ensure their compliance with the provisions of this article, and that
such districts review and revise any local regulations, policies, or
practices that may act as barriers to the enrollment or attendance of
homeless children in school or their receipt of comparable services as
defined in Part B of Title VII of the Federal Stewart B. McKinney Act.

c. School districts shall periodically report such information to the
commissioner as he or she may require to carry out the purposes of this
section.

7. Public welfare officials, except as otherwise provided by law,
shall furnish indigent children with suitable clothing, shoes, books,
food, transportation and other necessaries to enable them to attend upon
instruction as required by law. Upon demonstration of need, such
necessaries shall also include transportation of indigent children for
the purposes of evaluations pursuant to section forty-four hundred ten
of this chapter and title II-A of article twenty-five of the public
health law.

8. Information about a homeless child's or youth's living situation
shall be treated as a student educational record, and shall not be
deemed to be directory information, under the McKinney-Vento Homeless
Assistance Act, as amended by the Every Student Succeeds Act of 2015.

9. Each homeless child to be assisted under this section shall be
provided services comparable to services offered to other students in
the school selected under this section, including the following:
transportation services; educational services for which the child or
youth meets the eligibility criteria, such as services provided under
Title I of the Elementary and Secondary Education Act of 1965 or similar
state or local programs; educational programs for children with
disabilities; educational programs for English learners; programs in
career and technical education; programs for gifted and talented
students; and school nutrition programs.

10. The commissioner may promulgate regulations to carry out the
purposes of this section.