§ 112 — Children in care; responsibility for education

New York § 112

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 1: General Provisions
• Art. 3: Education Department

Text

§ 112. Children in care; responsibility for education. 1. The\ndepartment shall establish and enforce standards of instruction,\npersonnel qualifications and other requirements for education services\nor programs, as determined by rules of the regents and regulations of\nthe commissioner, with respect to the individual requirements of\nchildren who are in full-time residential care in facilities or homes\noperated or supervised by any state department or agency or political\nsubdivision. The department shall cooperate with the office of children\nand family services, the department of mental hygiene and local\ndepartments of social services with respect to educational and\nvocational training programs for children placed with, committed to or\nunder the supervision of such agencies. The department shall promulgate\nregulations requiring the cooperation of local school districts in\nfacilitating the prompt enrollment of children who are released or\nconditionally released from residential facilities operated by or under\ncontract with the office of children and family services, the department\nof mental hygiene and local departments of social services and in\nimplementing plans for release or conditional release submitted to the\nfamily court pursuant to paragraph (c) of subdivision seven of section\n353.3 of the family court act and the educational components of\npermanency hearing reports submitted pursuant to section one thousand\neighty-nine of the family court act. Such regulations regarding the\neducational components of permanency hearing reports submitted pursuant\nto section one thousand eighty-nine of the family court act shall be\ndeveloped in conjunction with the office of children and family\nservices. Nothing herein contained shall be deemed to apply to\nresponsibility for the provision or payment of care, maintenance or\nother services subject to the provisions of the executive law, mental\nhygiene law, social services law or any other law.\n 2. The commissioner shall prepare a report and submit it to the\ngovernor, the speaker of the assembly and the temporary president of the\nsenate by December thirty-first, nineteen hundred ninety-six and on\nDecember thirty-first of each successive year. Such report shall\ncontain, for each facility operated by or under contract with the office\nof children and family services that provides educational programs, an\nassessment of each facility's compliance with the rules of the board of\nregents, the regulations of the commissioner, and this chapter. Such\nreport shall include, but not be limited to: the number of youth\nreceiving services under article eighty-nine of this chapter; the\noffice's activities undertaken as required by subdivisions one, two,\nfour and eight of section forty-four hundred three of this chapter; the\nnumber of youth receiving bilingual education services; the number of\nyouth eligible to receive limited English proficient services;\ninterviews with facility residents conducted during site visits; library\nservices; the ratio of teachers to students; the curriculum; the length\nof stay of each youth and the number of hours of instruction provided;\ninstructional technology utilized; the educational services provided\nfollowing the release and conditional release of the youth, including,\nbut not limited to, the implementation of requirements for the\nenrollment of such youth in school contained in plans for release and\nconditional release submitted to the family court pursuant to paragraph\n(c) of subdivision seven of section 353.3 of the family court act and in\nthe educational components of permanency hearing reports submitted\npursuant to section one thousand eighty-nine of the family court act and\nthe compliance by local school districts with the regulations\npromulgated pursuant to subdivision one of this section; and any\nrecommendations to ensure compliance with the rules of regents,\nregulations of the commissioner, and this chapter.\n 3. The department shall conduct site visits every four years, with at\nleast one day's notice, of each facility operated by the office of\nchildren and family services that provides educational programs to\nensure compliance with rules of the board of regents, regulations of the\ncommissioner, and this chapter. Such site visits shall include personal\ninterviews with facility residents.\n * 4. The commissioner shall establish procedures for administrative\nappeals to resolve interagency disputes between school districts and\nstate departments or agencies or political subdivisions over\nresponsibility for provision of, or payment for, special education\nprograms or services to children with disabilities in full-time\nresidential care in facilities or homes operated or supervised by such\nstate departments or agencies or political subdivisions. During the\npendency of any such appeal, the state department or agency responsible\nfor developing the student's individualized education program, or the\nschool district responsible for developing the student's individualized\neducation program where there is no state department or agency so\nresponsible, shall provide and pay for the special education programs\nand services on the student's individualized education program and may\nseek reimbursement in the appeal. The commissioner shall be authorized\nto make all orders that in the commissioner's judgment are proper or\nnecessary to give effect to the decision in the appeal. Upon a\ndetermination that a public agency has failed to provide or pay for such\nspecial education programs and services, the commissioner shall certify\nthe amount of such costs to the state comptroller and the state\ncomptroller to deduct such amount from any state funds that become due\nto such public agency.\n * NB Repealed June 30, 2027\n