Legislation
SECTION 3304
Educational records and enrollment
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 66
§ 3304. Educational records and enrollment. 1. In the event that
official education records cannot be released to the parents for the
purpose of transfer, the custodian of the records in the sending state
shall prepare and furnish to the parent a complete set of unofficial
educational records, to the extent feasible, and using any template
developed by the interstate commission. Upon receipt of the unofficial
education records by a school in the receiving state, the school shall
enroll and appropriately place the student based on the information
provided in the unofficial records pending validation by the official
records, as quickly as possible.
2. Simultaneous with the enrollment and conditional placement of the
student, the school in the receiving state shall request the student's
official education record from the school in the sending state. Upon
receipt of this request, the school in the sending state will process
and furnish the official education records to the school in the
receiving state within ten days or within such time as is reasonably
determined under the rules promulgated by the interstate commission.
3. Notwithstanding any provisions of subdivision seven of section
twenty-one hundred sixty-four of the public health law to the contrary,
compacting states shall give thirty days from the date of enrollment or
within such time as is reasonably determined under the rules promulgated
by the interstate commission, for students transferring from a school in
a sending state to obtain any immunizations required by the receiving
state. For a series of immunizations, initial vaccinations must be
obtained within thirty days or within such time as is reasonably
determined under the rules promulgated by the interstate commission.
4. For purposes of ensuring a smooth educational transition, students
transferring from a local educational agency in a sending state shall
initially be allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level from a local
educational agency in the sending state at the time of transition,
regardless of age. A student that has satisfactorily completed the
prerequisite grade level in the local educational agency in the sending
state shall initially be eligible for enrollment in the next highest
grade level in the receiving state, regardless of age. A student
transferring after the start of the school year in the receiving state
shall enter the school in the receiving state on their validated level
from an accredited school in the sending state. Nothing in this
subdivision shall prohibit a local educational agency in the receiving
state from performing subsequent evaluations to ensure appropriate
placement of the student.
official education records cannot be released to the parents for the
purpose of transfer, the custodian of the records in the sending state
shall prepare and furnish to the parent a complete set of unofficial
educational records, to the extent feasible, and using any template
developed by the interstate commission. Upon receipt of the unofficial
education records by a school in the receiving state, the school shall
enroll and appropriately place the student based on the information
provided in the unofficial records pending validation by the official
records, as quickly as possible.
2. Simultaneous with the enrollment and conditional placement of the
student, the school in the receiving state shall request the student's
official education record from the school in the sending state. Upon
receipt of this request, the school in the sending state will process
and furnish the official education records to the school in the
receiving state within ten days or within such time as is reasonably
determined under the rules promulgated by the interstate commission.
3. Notwithstanding any provisions of subdivision seven of section
twenty-one hundred sixty-four of the public health law to the contrary,
compacting states shall give thirty days from the date of enrollment or
within such time as is reasonably determined under the rules promulgated
by the interstate commission, for students transferring from a school in
a sending state to obtain any immunizations required by the receiving
state. For a series of immunizations, initial vaccinations must be
obtained within thirty days or within such time as is reasonably
determined under the rules promulgated by the interstate commission.
4. For purposes of ensuring a smooth educational transition, students
transferring from a local educational agency in a sending state shall
initially be allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level from a local
educational agency in the sending state at the time of transition,
regardless of age. A student that has satisfactorily completed the
prerequisite grade level in the local educational agency in the sending
state shall initially be eligible for enrollment in the next highest
grade level in the receiving state, regardless of age. A student
transferring after the start of the school year in the receiving state
shall enter the school in the receiving state on their validated level
from an accredited school in the sending state. Nothing in this
subdivision shall prohibit a local educational agency in the receiving
state from performing subsequent evaluations to ensure appropriate
placement of the student.