§ 3202 — Public schools free to resident pupils; tuition from nonresident pupils

New York § 3202

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Part 1: Compulsory Education
• Art. 65: Compulsory Education and School Census

Text

§ 3202. Public schools free to resident pupils; tuition from\nnonresident pupils. 1. A person over five and under twenty-one years of\nage who has not received a high school diploma is entitled to attend the\npublic schools maintained in the district in which such person resides\nwithout the payment of tuition. Provided further that such person may\ncontinue to attend the public school in such district in the same\nmanner, if temporarily residing outside the boundaries of the district\nwhen relocation to such temporary residence is a consequence of such\nperson's parent or person in parental relationship being called to\nactive military duty, other than training. Notwithstanding any other\nprovision of law to the contrary, the school district shall not be\nrequired to provide transportation between a temporary residence located\noutside of the school district and the school the child attends. A\nveteran of any age who shall have served as a member of the armed forces\nof the United States and who (a) shall have been discharged therefrom\nunder conditions other than dishonorable, or (b) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (c) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, may attend any of\nthe public schools of the state upon conditions prescribed by the board\nof education, and such veterans shall be included in the pupil count for\nstate aid purposes. A nonveteran under twenty-one years of age who has\nreceived a high school diploma shall be permitted to attend classes in\nthe schools of the district in which such person resides or in a school\nof a board of cooperative educational services upon payment of tuition\nunder such terms and conditions as shall be established in regulations\npromulgated by the commissioner; provided, however, that a school\ndistrict may waive the payment of tuition for such nonveteran, but in\nany case such a nonveteran who has received a high school diploma shall\nnot be counted for any state aid purposes. Nothing herein contained\nshall, however, require a board of education to admit a child who\nbecomes five years of age after the school year has commenced unless his\nor her birthday occurs on or before the first of December.\n 1-a. No pupil over the compulsory attendance age in his or her school\ndistrict shall be dropped from enrollment unless he or she has been\nabsent twenty consecutive school days and the following procedure is\ncomplied with: The principal or superintendent shall schedule and\nnotify, in writing and at the last known address, both the student and\nthe person in parental relation to the student of an informal\nconference. At the conference the principal or superintendent shall\ndetermine both the reasons for the pupil's absence and whether\nreasonable changes in the pupil's educational program would encourage\nand facilitate his or her re-entry or continuance of study. The pupil\nand the person in parental relation shall be informed orally and in\nwriting of the pupil's right to re-enroll at any time in the public\nschool maintained in the district where he or she resides, if otherwise\nqualified under this section. If the pupil and the person in parental\nrelationship fail, after reasonable notice, to attend the informal\nconference, the pupil may be dropped from enrollment provided that he or\nshe and the person in parental relation are notified in writing of the\nright to re-enter at any time, if otherwise qualified under this\nsection.\n 2. Nonresidents of a district, if otherwise competent, may be admitted\ninto the school or schools of a district or city, upon the consent of\nthe trustees or the board of education, upon terms prescribed by such\ntrustees or board.\n 3. The school authorities of a district or city must deduct from the\ntuition of a nonresident pupil, whose parent or guardian owns property\nin such district or city and pays a tax thereon for the support of the\nschools maintained in such district or city, the amount of such tax.\n 4. a. Definitions. For purposes of this subdivision only, the\nfollowing definitions shall apply.\n (i) The term "school district of origin" shall mean the school\ndistrict within the state of New York in which the child or youth in\nfoster care was attending a public school or preschool on a tuition-free\nbasis or was entitled to attend when the social services district or\noffice of children and family services assumed responsibility for the\nplacement, support and maintenance of such child or youth, which is\ndifferent from the school district of residence.\n (ii) School district of residence. The term "school district of\nresidence" shall mean the public school district within the state of New\nYork in which the foster care placement is located, which is different\nfrom the school district of origin.\n b. Except as provided in subdivision five of this section, the cost of\ninstruction of children in foster care shall be borne by the school\ndistrict of origin. Where a school district other than the school\ndistrict of origin is designated in accordance with paragraph e of\nsubdivision two of section thirty-two hundred forty-four of this\narticle, the cost of instruction shall be borne by the school district\nof origin and the tuition paid to the designated school district of\nattendance shall be computed as provided in paragraph d of this\nsubdivision, except that, where the foster care placement receives\nprogram support from a child care institution affiliated with a special\nact school district as defined in subdivision eight of section four\nthousand one of this chapter, and the designated school district of\nattendance, upon the recommendation of its committee on special\neducation, contracts for such pupil's education pursuant to paragraph c,\nd, e, or f of subdivision two of section forty-four hundred one of this\nchapter or for a nonresidential placement pursuant to paragraph l of\nsuch subdivision, costs incurred shall be reimbursed in accordance with\nparagraph e of this subdivision. Notwithstanding any inconsistent\nprovision of law, where the permanent residence of a pupil is outside of\nthe state, the school district in which the pupil was located at the\ntime the public agency placed such pupil shall be deemed the school\ndistrict of origin of such pupil for purposes of this subdivision and\nshall be responsible for the cost of instruction of such pupil.\n c. Children cared for in free family homes and children cared for in\nfamily homes at board, when such family homes shall be the actual and\nonly residence of such children and when such children are not supported\nand maintained at the expense of a social services district or of a\nstate department or agency, shall be deemed residents of the school\ndistrict in which such family home is located.\n d. For the purposes of this subdivision, tuition shall be fixed in an\namount which represents the additional operating cost to the designated\nschool district of attendance resulting from the attendance of a child\nfor whom tuition is required, computed in accordance with a formula\nestablished by the commissioner of education.\n e. Where the designated school district of attendance for a child or\nyouth in foster care that receives program support from a child care\ninstitution affiliated with a special act school district, other than\nthe board of the pupil's school district of origin as defined in\nparagraph a of this subdivision, upon the recommendation of its\ncommittee on special education, contracts for the instruction of such\npupil pursuant to paragraph c, d, e, or f of subdivision two of section\nforty-four hundred one of this chapter or for a nonresidential placement\npursuant to paragraph l of such subdivision, such board shall submit a\nclaim to the commissioner for current year reimbursement of costs\nincurred for such pupil. The commissioner shall pay such claim in\naccordance with the applicable provisions of section thirty-six hundred\nnine-b of this chapter and shall be reimbursed by the school district\nidentified as the pupil's school district of origin as defined in\nparagraph a of this subdivision. The commissioner shall deduct the\namount of such claim from moneys otherwise due the school district of\norigin.\n f. The identity of the school district of origin shall be established\nin accordance with the following procedure:\n (i) Within ten days of the placement of such pupil, the public agency\nor its designee shall give written notice of such placement to the board\nof education of the school district believed to be the school district\nof origin. Such notification shall include the name of the pupil and any\nparticulars about the pupil that pertain to the identification of the\nschool district as the school district of origin as defined in paragraph\na of this subdivision.\n (ii) A board of education of a school district which receives\nnotification pursuant to subparagraph (i) of this paragraph may submit\nto the public agency, within ten days of its receipt of such notice,\nadditional evidence to establish that it is not the pupil's district of\norigin as defined in paragraph a of this subdivision. Any evidence so\nsubmitted shall be considered by the agency prior to making its final\ndetermination, which shall be made no later than five days after the\nagency's receipt of such additional evidence. In the event such school\ndistrict fails to submit additional evidence within such ten day period,\nthe determination of the public agency shall be final and the\nnotification provided pursuant to subparagraph (i) of this paragraph\nshall be deemed final notification of such determination.\n (iii) If, upon its review, the public agency determines that the\nschool district notified pursuant to subparagraph (i) of this paragraph\nwas not the pupil's district of origin, the public agency shall send\nnotification to the correct school district, in the form prescribed by\nsubparagraph (i) of this paragraph. Alternatively, if, upon its review,\nthe public agency determines that the school district originally\ndesignated pursuant to subparagraph (i) of this paragraph is the pupil's\ndistrict of origin, the public agency shall notify such district in\nwriting of its final determination.\n (iv) The board of education of the school district finally determined\nby the public agency to be the pupil's school district of origin may\nappeal such determination to the commissioner within thirty days of its\nreceipt of final notification pursuant to this paragraph. Such an appeal\nshall be conducted in the same manner as an appeal from the actions of\nlocal school officials pursuant to section three hundred ten of this\nchapter, except that the factual allegations of the petitioner shall not\nbe deemed true in the event the public agency elects not to appear in\nthe appeal. The petitioner shall join as a party to the appeal any other\nschool district suspected to be the pupil's actual school district of\norigin.\n (v) If the commissioner finds that the school district notified\npursuant to subparagraph (i) or (iii) of this paragraph was not the\npupil's school district of origin as defined in paragraph a of this\nsubdivision and that the correct school district was not joined as a\nparty to the appeal, the commissioner shall direct the public agency to\nnotify the correct school district pursuant to subparagraph (i) of this\nparagraph.\n (vi) Notwithstanding any inconsistent provisions of law, during the\npendency of all proceedings to review a denial of financial\nresponsibility, the commissioner shall issue an interim order assigning\nsuch financial responsibility to the school district or, alternatively,\nupon a determination that the public agency failed to make reasonable\nefforts to identify the school district of origin of such child, to the\npublic agency. In the event the public agency fails to provide timely\nnotice pursuant to subparagraph (i) of this paragraph, or fails to\nrender its final determination in a timely manner, the public agency\nresponsible for such pupil's residential placement shall reimburse the\ncommissioner for the payments made to the district furnishing\ninstruction pursuant to this paragraph during the pendency of all\nproceedings or for the duration of the current school year, whichever is\nlonger, and the state comptroller shall withhold such amount from any\nmoneys due the county or the city of New York, on vouchers certified or\napproved by the commissioner, in the manner prescribed by law or shall\ntransfer such amount from the account of such state department or agency\nupon certification of the commissioner, and such funds shall be credited\nto the general support for public schools local assistance account of\nthe department.\n (vii) Any final determination or order of the commissioner concerning\nthe school district of origin of any pupil under this section may only\nbe reviewed in a proceeding brought in the supreme court pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nproceeding under such article seventy-eight, the court may grant any\nrelief authorized by the provisions of section seventy-eight hundred six\nof such law and rules and may also, in its discretion, remand the\nproceedings to the commissioner. A local social services commissioner or\nany state department or agency placing pupils pursuant to this\nsubdivision is a proper party in any such appeal or proceeding.\n (viii) Upon completion of all proceedings to review the denial of\nfinancial responsibility for the costs of instruction pursuant to this\nparagraph, the commissioner shall refund any payments made by a party\ncleared of such responsibility and shall collect any payments owed by a\nparty found to have such responsibility. Where such transactions involve\na school district liable for reimbursement pursuant to paragraph e of\nthis subdivision, the commissioner shall appropriately increase or\ndecrease the moneys due a school district by such amount in accordance\nwith the provisions of section thirty-six hundred nine-b of this\nchapter. Where such transactions involve the public agency making a\nplacement pursuant to this subdivision, the comptroller shall increase\nor decrease the moneys due such public agency by such amount upon\ncertification of the commissioner, transferring such amount to or from\nthe account of such state department or agency to or from the general\nsupport for public schools local assistance account of the department.\n g. If within ninety days from the entry of an order or judgment of a\ncourt of competent jurisdiction or the receipt of a decision of the\ncommissioner pursuant to section three hundred ten of this chapter,\ndetermining the responsibility of a school district to pay tuition for a\npupil in accordance with the provisions of paragraph a of this\nsubdivision or of section five hundred four of the executive law, such\nschool district has not made payment to the designated school district\nof attendance, the school district entitled to such payment may make\napplication to the commissioner to receive a sum in the amount of such\ntuition from the apportionment of public money payable to the school\ndistrict required to pay such tuition. The application for payment shall\nbe accompanied by a certified copy of the order or judgment of a court,\nor a copy of the decision of the commissioner, and by proof of service\nby first class mail of a copy of such application upon the school\ndistrict required to pay such tuition. Unless the school district\nrequired to pay such tuition shall have notified the commissioner of\nsuch payment within thirty days from the receipt of such application,\nthe commissioner shall withhold an amount equal to the tuition for such\npupil from the public money payable to the school district responsible\nfor such tuition and shall pay such amount to the school district which\nhas provided instruction to such pupil. The commissioner is authorized\nto promulgate regulations to implement the provisions of this paragraph.\n 5. a. Children who reside in a school for individuals with\ndevelopmental disabilities operated by the department of mental hygiene\nand for whom the department has assumed responsibility for support and\nmaintenance prior to July one, nineteen hundred seventy-seven and who\nare placed in a family home at board, a duly incorporated orphan asylum\nor other institution for the care, custody and treatment of children\nshall be admitted to the schools of the school district in which such\nfamily home or institution is located. The department is authorized to\nreimburse each school district furnishing educational services to such\nchildren for the direct cost of such services in accordance with\nregulations promulgated by the commissioner and approved by the director\nof the budget. The educational costs for these children shall not be\notherwise aidable or reimbursable.\n b. Children who reside in a school for individuals with developmental\ndisabilities operated by the department of mental hygiene and for whose\nsupport and maintenance the department assumes responsibility on or\nafter July one, nineteen hundred seventy-seven and who are thereafter\nplaced in a family home at board, a duly incorporated orphan asylum or\nother institution for the care, custody and treatment of children shall\nbe admitted to the schools of the school district in which such family\nhome or institution is located. The department is authorized to\nreimburse each school district furnishing educational services to such\nchildren for the direct cost of such services in accordance with\nregulations promulgated by the commissioner and approved by the director\nof the budget. The educational costs for these children shall not be\notherwise aidable or reimbursable. The school district in which the\nchild resided at the time the department of mental hygiene assumed\nresponsibility for the support and maintenance of such child shall\nreimburse the education department for its expenditure on behalf of such\nchild in an amount equal to the school district basic contribution, as\nsuch term is defined in subdivision eight of section forty-four hundred\none of this chapter. The comptroller may deduct from any state funds\nwhich become due to a school district an amount equal to the\nreimbursement required to be made by such school district in accordance\nwith this paragraph, and the amount so deducted shall not be included in\nthe operating expense of such district for the purpose of computing the\napproved operating expense pursuant to paragraph t of subdivision one of\nsection thirty-six hundred two of this chapter. The department of mental\nhygiene shall notify the department of the name of the child, the\nlocation of the family home or institution where the child is to be\nplaced and the name of the school district in which such child resided\nat the time the department of mental hygiene assumed responsibility for\nhis or her support and maintenance.\n c. (1) The department is authorized to reimburse each school district\nfurnishing educational services to children residing in schools for\nindividuals with developmental disabilities operated by the office for\npeople with developmental disabilities for the direct cost of such\nservices in accordance with regulations promulgated by the commissioner\nand approved by the director of the budget.\n (2) The school district in which each such child resided at the time\nthe office for people with developmental disabilities assumed\nresponsibility for the support and maintenance of such child shall\nreimburse the department for its expenditures on behalf of such child,\nin an amount equal to the school district basic contribution as such\nterm is defined in subdivision eight of section forty-four hundred one\nof this chapter, for any such child admitted to a state school for\nindividuals with developmental disabilities on or after July first,\nnineteen hundred seventy-eight. The comptroller may deduct from any\nstate funds which become due to a school district an amount equal to the\nreimbursement required to be made by such school district in accordance\nwith this paragraph and the amount so deducted shall not be included in\nthe approved operating expense of such district for the purpose of\ncomputing the approved operating expenses pursuant to paragraph t of\nsubdivision one of section thirty-six hundred two of this chapter.\n d. (1) Children who reside in an intermediate care facility for\nindividuals with developmental disabilities, other than a state operated\nschool for individuals with developmental disabilities, as defined in\nregulations of the office for people with developmental disabilities,\nshall be admitted to the public schools, except as otherwise provided in\nsubparagraph fourteen of this paragraph. The trustees or board of\neducation of the school district in which such facility is located shall\nreceive such children in the school or schools of the district for\ninstruction and for the provision of necessary related services for a\ncompensation to be fixed by the trustees or board of education, unless\nsuch trustees or board of education shall establish to the satisfaction\nof the commissioner that there are valid and sufficient reasons for\nrefusal to receive such children. Evaluation of the educational needs of\nsuch children and placement in appropriate educational programs shall be\nmade in accordance with article eighty-nine of this chapter.\n (2) A child who resides in an individualized residential alternative\nas defined in regulations of the office for people with developmental\ndisabilities which is located in a school district other than the school\ndistrict in which such child's parent or person in parental relation\nresided at the time such child was placed in an institution under the\nauspices of such office shall be deemed to reside in an intermediate\ncare facility for purposes of this subdivision to the extent such child\nis enrolled in a home and community based waiver program approved by the\nHealth Care Financing Administration.\n (3) Such intermediate care facility is authorized to contract with the\ntrustees or board of education of such school district for the provision\nof services, including transportation.\n (4) The education department shall reimburse the school district in\nwhich such intermediate care facility is located for the full cost of\nall services, which shall, notwithstanding any inconsistent provision of\nlaw, include transportation services provided pursuant to a contract\nauthorized by this paragraph. Provided, however, that notwithstanding\nany other law, rule or regulation to the contrary, that no reimbursement\nshall be payable pursuant to this subparagraph for due process costs\nincurred on or after July first, two thousand nine. Such reimbursement\nshall be for the period from September first through June thirtieth, and\nstate reimbursement for July and August programs shall be in accordance\nwith subdivision one of section forty-four hundred eight of this\nchapter. The provisions of subdivision two of such section forty-four\nhundred eight shall apply to all July and August programs provided\npursuant to this section.\n (5) The school district in which the child resided at the time of\nplacement in such intermediate care facility shall reimburse the\neducation department for its expenditure on behalf of such child in an\namount equal to the school district's basic contribution, as such term\nis defined in subdivision eight of section forty-four hundred one of\nthis article for any child first admitted to such intermediate care\nfacility, on or after July first, nineteen hundred seventy-nine.\n (6) Upon certification by the commissioner of education, the\ncomptroller may deduct from any state funds which become due to the\nschool district an amount equal to the reimbursement required to be made\nby such school district in accordance with this paragraph, and the\namount so deducted shall not be included in the operating expense of\nsuch district for the purpose of computing the approved operating\nexpenses pursuant to paragraph t of subdivision one of section\nthirty-six hundred two of this article.\n (7) Within forty-five days of the placement of a child in a school\ndistrict, the intermediate care facility shall notify the school\ndistrict in which the child resided at time of entrance to the\nintermediate care facility and the school district in which the facility\nis located. Such notice shall include the name of the child, the\nlocation of the intermediate care facility, and the name of the school\ndistrict in which such child resided at the time of placement.\n (8) A board of education of a school district which receives\nnotification that a child has been placed in an intermediate care\nfacility for individuals with developmental disabilities may deny\nfinancial responsibility for any child by written notice within twenty\ndays of such notification to the school district furnishing instruction\nand the intermediate care facility.\n (9) An intermediate care facility responsible for placing the child,\nthe school district furnishing instruction or the parent or guardian of\nthe child involved may appeal a denial of responsibility to the\ncommissioner of education. If the commissioner finds that the child was\nnot a resident of the school district that was notified that the child\nwas a resident therein, the commissioner shall request the intermediate\ncare facility to ascertain the correct school district and notify such\nschool district pursuant to subparagraph six of this paragraph. The\ncommissioner shall review and determine responsibility for the child in\nquestion. If the commissioner finds that a child has no residence in\nthis state, he shall determine that there is no local contribution for\nsuch child.\n (10) If the intermediate care facility fails to make a reasonable\neffort to identify the residence of such a child, such agency shall be\nresponsible for the local contribution and, upon notification by the\ncommissioner of education, shall pay such amount to the commissioner of\neducation.\n (11) If the intermediate care facility rejects the finding of the\ncommittee on special education of the school district of attendance, or\na finding affirmed or revised on appeal, such facility shall retain\nresponsibility for payment of the cost of instruction of such child.\n (12) Any final determination or order of the commissioner concerning\nresidence or placement of any child under this paragraph may only be\nreviewed in a proceeding brought in the supreme court pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nproceeding, the court may grant any relief authorized by the provisions\nof section seventy-eight hundred six of such law and rules or may, in\nits discretion, remand the proceedings to the commissioner. An\nintermediate care facility attempting to place a child pursuant to this\nparagraph shall be considered a proper party to any such proceeding.\n (13) The school district providing educational services to children\nplaced pursuant to this paragraph shall provide a report on the status\nof each such child with a handicapping condition annually to the\ncommittee on special education of the school district in which the child\nresided at the time of admission to the intermediate care facility for\nindividuals with developmental disabilities. Such report shall also be\nsent to the parent or guardian of the child and the office for people\nwith developmental disabilities.\n (14) The board of education responsible for providing appropriate\neducational services for a child receiving care in an intermediate care\nfacility developed pursuant to the residential school bed development\nprogram, as authorized by chapter fifty-four of the laws of nineteen\nhundred eighty-five or any subsequent enactment extending such program,\nshall be the board of education of the school district in which such\nchild would be deemed to reside but for such child's placement in such\nan intermediate care facility. The department shall reimburse such\nschool district of residence for all nonfederally reimbursable costs of\nsuch educational services in accordance with subparagraph four of this\nparagraph as if such district were the school district in which the\nintermediate care facility is located, and such school district of\nresidence shall be responsible for reimbursement of the department for\nits expenditure on behalf of the child in an amount equal to the school\ndistrict basic contribution, as defined in subdivision eight of section\nfour thousand four hundred one of this chapter. The comptroller may\ndeduct the amount of such reimbursement from any state funds due the\ndistrict in the manner prescribed in subparagraph six of this paragraph.\n e. Notwithstanding the provisions of paragraph a of subdivision five\nof section thirty-six hundred four of this chapter, the commissioner\nshall be authorized to grant a waiver excusing the late filing of claims\nsubmitted for costs incurred pursuant to this subdivision, upon findings\nthat the school district has submitted a timely request for a waiver and\nhas submitted proof satisfactory to the commissioner that the delay in\nfiling was caused by a party other than the school district. A request\nfor such a waiver, together with all supporting documentation, shall be\nsubmitted to the commissioner within sixty days after the date on which\nthis paragraph was enacted, or within fourteen months after the end of\nthe school year in which services were provided pursuant to this\nsubdivision, whichever is later.\n 6. Except as provided in subdivision five of this section or by\narticle eighty-one of this chapter, children cared for in a hospital or\nother institution for the care, custody and treatment of children, other\nthan a school and excepting children of the officers and employees of\nsuch hospital or institution, shall not, by reason of their presence in\nsuch hospital or institution, be deemed to be residents of the school\ndistrict in which such hospital or institution is located. The trustees\nor board of education of the school district of their residence shall\nprovide educational services for such children. Such services may be\nprovided by a tutor employed by the district, by contract with a school\nconnected with such hospital or institution, or by contract with the\nlocal public school district in which such hospital or institution is\nlocated. Such contracts shall be limited to the cost of educational\nservices and shall not include maintenance or medical services.\nProvided, however, if such children are supported and maintained at the\nexpense of a social services district, the cost of said instruction\nshall be paid by the social services district which is liable for\npayment of the cost of their support and maintenance. In the case of\nhospitals or institutions located in the state of New York, the trustees\nor board of education of a school district in which such a hospital or\ninstitution is located shall receive such children in the school or\nschools of the district for instruction for a compensation to be fixed\nby the trustee or board of education, unless such trustees or board of\neducation shall establish to the satisfaction of the commissioner of\neducation that there are valid and sufficient reasons for refusal to\nreceive such children.\n 6-a. Notwithstanding subdivision six of this section or any other law\nto the contrary, the commissioner of the office of children and family\nservices shall be responsible for the secular education of youth under\nthe jurisdiction of the office and may contract for such education with\nthe trustees or board of education of the school district wherein a\nfacility for the residential care of such youth is located or with the\nboard of cooperative educational services at which any such school\ndistrict is a component district for special education programs, related\nservices and career and technical education services and music, art and\nforeign language programs in accordance with subparagraph eight of\nparagraph (h) of subdivision four of section nineteen hundred fifty of\nthis chapter. A youth attending a local public school while in residence\nat such facility shall be deemed a resident of the school district where\nhis parent or guardian resides at the commencement of each school year\nfor the purpose of determining which school district shall be\nresponsible for the youth's tuition pursuant to section five hundred\nfour of the executive law.\n 7. Youth incarcerated in county correctional facilities or youth\nshelters. a. A person under twenty-one years of age who has not received\na high school diploma and who is incarcerated in a correctional facility\nmaintained by a county or by the city of New York or in a youth shelter\nis eligible for educational services pursuant to this subdivision and in\naccordance with the regulations of the commissioner. Such services shall\nbe provided by the school district in which the facility or youth\nshelter is located, within the limits of the funds allocated by the\ncommissioner for such purposes pursuant to section thirty-six hundred\ntwo of this chapter and pursuant to a plan approved by the commissioner.\nSchool districts shall submit such plan by July fifteenth of each school\nyear. Boards of education are authorized to contract for the provision\nof such educational services by a board of cooperative educational\nservices or by another public school district.\n b. Except as otherwise provided in this paragraph, the school district\nin which the child resided at the time of the child's commitment to the\ncustody of the sheriff or local commissioner of corrections or youth\nshelter shall reimburse the education department for its expenditure for\nthe full time equivalent attendance of such child pursuant to\nsubdivision thirteen of section thirty-six hundred two of this chapter\non behalf of such child, in an amount equal to the product of such full\ntime equivalent attendance and the school district basic contribution,\nas such term is defined in subdivision eight of section forty-four\nhundred one of this chapter, provided, however, that such basic\ncontribution shall be multiplied by the full time equivalent attendance\nmultiplied by one hundred twenty per centum for such children attending\nprograms which operate between July first and June thirtieth. If at the\napplicable time specified in this paragraph a school district other than\nthe school district in which the child resides is responsible for the\ncost of instruction of the child or for reimbursement of the state for\nits expenditure on behalf of the child pursuant to any provision of this\nchapter, then such other school district shall be responsible for\nreimbursement of the education department in accordance with this\nparagraph. Upon certification by the commissioner, the comptroller shall\ndeduct from any state funds which become due to a school district an\namount equal to the reimbursement required to be made by such school\ndistrict in accordance with this paragraph, and the amount so deducted\nshall not be included in the operating expense of such district for the\npurpose of computing the approved operating expense pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter.\n c. After admission of a child eligible for educational services\npursuant to this subdivision, but within a time prescribed by the\ncommissioner in regulations, the correctional facility maintained by the\ncounty or the city of New York shall furnish such child with information\nconcerning the availability of such educational services and shall\nsubmit a request for educational services to the school district in\nwhich the facility is located. Such request shall conform to\nrequirements prescribed by the commissioner by regulation in\nconsultation with the state commission of correction and shall include,\nbut shall not be limited to, notice of: the name of the child, the name\nand location of the facility in which such child is incarcerated, the\nlast grade completed by the child as reported by the child, the\nanticipated duration of the incarceration and the last known residence\nof such child at the time of the child's commitment to custody. The\nschool district in which the facility is located shall notify other\nappropriate agencies, including, but not limited to, the education\ndepartment and the school district identified as being responsible for\nthe educational costs of such child pursuant to paragraph b of this\nsubdivision, that such a request for educational services has been\nreceived. The commissioner shall promulgate regulations specifying the\ntime within which such notice shall be provided and the contents of such\nnotice, and establishing a procedure by which a school district may\nrequest the commissioner to review its identification as the school\ndistrict responsible for the educational costs of such child.\n d. Upon release or discharge of a child eligible for educational\nservices pursuant to this subdivision, the correctional facility shall\napprise such child that further educational services may be available\npursuant to this section through the school district in which the child\nresides or in which the child is otherwise entitled to attend school,\nand shall, at the request of the student, notify such district of the\nchild's desire to enroll in such district.\n e. The state commission of correction shall promulgate rules and\nregulations in consultation with the commissioner which shall require\neach correctional facility operated by a county or the city of New York\nto cooperate with the school district or board of cooperative\neducational services providing educational services and to comply with\nthe requirements of this subdivision.\n f. As used in this subdivision, "youth shelter" shall mean an\nalternative residential facility for the incarceration of youths between\nthe ages of sixteen and twenty-one who are remanded by the criminal\ncourts.\n 8. Homeless children. A homeless child, as defined in subdivision one\nof section thirty-two hundred nine of this article, over the age of five\nand under twenty-one years of age, who has not received a high school\ndiploma, shall be entitled to attend a public school without the payment\nof tuition, in accordance with the provisions of section thirty-two\nhundred nine of this article.\n