§ 3306. Eligibility. 1. (a) When properly executed under applicable
law, a special power of attorney, relative to the guardianship of a
military child, shall be considered sufficient for the sole purpose of
establishing residency of a transferring student into a local
educational agency and for all other actions in the local educational
agency requiring parental participation and consent, for the duration of
the guardianship. For students attending school in New York, a special
designation of person in parental relation pursuant to title fifteen-A
of article five of the general obligations law, in the form prescribed
in paragraph (b) of this subdivision, shall constitute a special power
of attorney for such purpose, provided that notwithstanding any other
provision of law to the contrary, such delegation shall remain in effect
until revoked or the child re-establishes residence with a parent.

(b) A local educational agency shall be prohibited from charging local
tuition to a transitioning military child placed in the care of a
non-custodial parent or other person standing in loco parentis with a
special designation of person in parental relation pursuant to title
fifteen-A of article five of the general obligations law and this
paragraph who lives in a jurisdiction other than that of the custodial
parent. The special designation of person in parental relation shall be
in the form prescribed by section 5-1552 of the general obligations law,
except that it shall clearly identify the student as a transitioning
military child and shall provide that the designation shall continue in
effect until revoked or the child re-establishes residence with a
parent. Notwithstanding any provisions of law to the contrary, such
designation shall not be for a fixed period and shall result in a change
in the school district of residence for purposes of this chapter to the
school district in which the designee resides.

(c) A transitioning military child, placed in the care of a
non-custodial parent or other person standing in loco parentis who lives
in a jurisdiction other than that of the custodial parent, may continue
to attend the school within New York in which he or she was enrolled
while residing with the custodial parent until the child completes the
highest grade level in such school. Nothing in this paragraph shall be
construed to require a local educational agency to provide
transportation services to such student while residing outside of the
district for distances greater than the maximum transportation limit
established under school district policy.

2. State and local educational agencies shall facilitate the
opportunity for transitioning military children's inclusion in
extracurricular activities, regardless of application deadlines, to the
extent they are otherwise qualified.