§ 3244 — Education of children in foster care

§ 3244. Education of children in foster care. 1. Definitions. For\npurposes of this section only, the following definitions shall apply:\n a. Child or youth in foster care. For the purposes of this article,\nthe term "child or youth in foster care" shall mean a child who is in\nthe care and custody or custody and guardianship of a local commissioner\nof social services or the commissioner of the office of children and\nfamily services.\n b. School district of origin. The term "school district of origin"\nshall mean the school district within the state of New York in which the\nchild or youth in foster care was attending a public school or preschool\non a tuition-free basis or was entitled to attend at the time of\nplacement into foster care when the social services district or the\noffice of children and family services assumed care and custody or\ncustody and guardianship of such child or youth, which is different from\nthe school district of residence.\n c. 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 d. Feeder school. The term "feeder school" shall mean:\n (1) a preschool whose students are entitled to attend a specified\nelementary school or group of elementary schools upon completion of that\npreschool;\n (2) a school whose students are entitled to attend a specified\nelementary, middle, intermediate, or high school or group of specified\nelementary, middle, intermediate, or high schools upon completion of the\nterminal grade of such school; or\n (3) a school that sends its students to a receiving school in a\nneighboring school district pursuant to section two thousand forty of\nthis chapter.\n e. Preschool. The term "preschool" shall mean a publicly funded\npre-kindergarten program administered by the department or a local\neducational agency or a Head Start program administered by a local\neducational agency and/or services under the Individuals with\nDisabilities Education Act administered by a local educational agency.\n f. Receiving school. The term "receiving school" shall mean:\n (1) a school that enrolls students from a specified or group of\npreschools, elementary schools, middle schools, intermediate schools, or\nhigh schools; or\n (2) a school that enrolls students from a feeder school in a\nneighboring local educational agency pursuant to section two thousand\nforty of this chapter.\n g. School of origin. The term "school of origin" shall mean a public\nschool that a child or youth attended at the time of placement into\nfoster care, or the school in which the child or youth was last\nenrolled, including a preschool or a charter school. Provided that, for\na child or youth in foster care who completes the final grade level\nserved by the school of origin, the term "school of origin" shall\ninclude the designated receiving school at the next grade level for all\nfeeder schools. Where the child is eligible to attend school in the\nschool district of origin because the child was placed in foster care\nafter such child is eligible to apply, register, or enroll in the public\npreschool or kindergarten or the child is living with a school-age\nsibling who attends school in the school district of origin, the school\nof origin shall include any public school or preschool in which such\nchild would have been entitled or eligible to attend based on such\nchild's last residence before the circumstances arose which caused such\nchild to be placed in foster care.\n 2. Choice of district and school. a. Notwithstanding any other\nprovision of law to the contrary, the social services district, in\nconsultation with the appropriate local educational agency or agencies,\nshall designate either the school district of origin or the school\ndistrict of residence within which the child in foster care shall be\nentitled to attend in accordance with a best interest determination made\nby the applicable social services district or voluntary authorized\nagency, as defined in paragraph (a) of subdivision ten of section three\nhundred seventy-one of the social services law, in accordance with the\nregulations of the office of children and family services. The child\nshall be entitled to attend the school of origin or any school that\nchildren and youth who live in the attendance area in which the foster\ncare placement is located are eligible to attend, including a preschool,\nsubject to a best interest determination made by the applicable social\nservices district or voluntary authorized agency, as defined in\nparagraph (a) of subdivision ten of section three hundred seventy-one of\nthe social services law, for the duration of the child's placement in\nfoster care and until the end of the school year in which such child is\nno longer in foster care and for one additional year if that year\nconstitutes the child's terminal year in such building.\n b. Notwithstanding any other provision of law to the contrary, where\nthe school district of origin or school of origin that a child was\nattending on a tuition-free basis or was entitled to attend when such\nchild entered foster care is located in New York state and the child's\nfoster care placement is located in a contiguous state, the child shall\nbe entitled to attend the school of origin or any school that children\nand youth who live in the attendance area in which the foster care\nplacement is located are eligible to attend, including a preschool,\nsubject to a best interest determination made by the applicable social\nservices district or voluntary authorized agency, as defined in\nparagraph (a) of subdivision ten of section three hundred seventy-one of\nthe social services law, for the duration of the child's placement in\nfoster care and until the end of the school year in which such child is\nno longer in foster care and for one additional year if that year\nconstitutes the child's terminal year in such building.\n c. Notwithstanding the provisions of paragraph a or b of this\nsubdivision, a child in foster care who is moved from one foster care\nplacement to another shall be entitled to continue to attend the school\nof origin or the social services district may designate that the child\nin foster care attend any school that children and youth who live in the\nattendance area in which the foster care placement is located are\neligible to attend, including a preschool, subject to a best interest\ndetermination made by the applicable social services district or\nvoluntary authorized agency, as defined in paragraph (a) of subdivision\nten of section three hundred seventy-one of the social services law, for\nthe duration of the child's placement in foster care and until the end\nof the school year in which the child is no longer in such foster care\nplacement and for one additional year if that year constitutes the\nchild's terminal year in such building.\n d. Upon notification of the designation made by the social services\ndistrict for a foster care youth, the designated school district of\nattendance shall immediately:\n (1) enroll the child or youth in foster care even if the child or\nyouth is unable to produce records normally a requirement for\nenrollment, such as previous academic records, records of immunization\nand/or other required health records, proof of residency or other\ndocumentation and/or even if the child has missed application or\nenrollment deadlines during any period of placement in foster care, if\napplicable. Provided that nothing herein shall be construed to require\nthe immediate attendance of an enrolled student lawfully excluded from\nschool temporarily pursuant to section nine hundred six of this chapter\nbecause of a communicable or infectious disease that imposes a\nsignificant risk of infection of others;\n (2) treat the child or youth in foster care as a resident for all\npurposes; and\n (3) make a written request to the school district where the child's\nrecords are located for a copy of such records.\n e. Within five days of receipt of a request for records in accordance\nwith subparagraph three of paragraph d of this subdivision, the school\ndistrict shall forward, in a manner consistent with state and federal\nlaw, a complete copy of the records of the child or youth in foster care\nincluding, but not limited to, proof of age, academic records,\nevaluations, immunization records, and guardianship papers, if\napplicable.\n f. Where the school of origin is a charter school, the school district\ndesignated pursuant to this subdivision shall be deemed to be the school\ndistrict of residence of such child for purposes of fiscal and\nprogrammatic responsibility under article fifty-six of this chapter and\nshall be responsible for transportation of the child in foster care. If\nthe designated school district of attendance is not the school district\nof origin, the designated school district of attendance may seek\nreimbursement from the school district of origin in accordance with the\nprovisions of subdivision four of section thirty-two hundred two of this\narticle.\n g. Notwithstanding any other provision of law to the contrary, each\nlocal educational agency, as such term is defined in subsection\ntwenty-six of section ninety-one hundred one of the Elementary and\nSecondary Education Act of 1965, as amended by the Every Student\nSucceeds Act of 2015, shall designate a local educational agency point\nof contact for children and youth in foster care. Provided that such\npoint of contact shall not be the same as the liaison designated\npursuant to the subtitle B of title VII of the McKinney-Vento Assistance\nAct, unless the McKinney-Vento liaison has sufficient ability to carry\nout the responsibilities of the McKinney-Vento liaison in addition to\nthe responsibilities of the point of contact for children and youth in\nfoster care.\n 3. Reimbursement. The tuition costs of the education of such child or\nyouth in foster care shall be borne in accordance with the provisions of\nparagraph d of subdivision four of section thirty-two hundred two of\nthis article.\n 4. Transportation. a. Notwithstanding any other provision of law, any\nchild or youth in foster care who requires transportation in order to\nattend a school of origin designated pursuant to subdivision two of this\nsection, shall be entitled to receive such transportation pursuant to\nthis paragraph. The designated school district of attendance shall\nprovide transportation to and from the child's foster care placement\nlocation and the school of origin. Any cost incurred for such\ntransportation that is allowable up to fifty miles each way pursuant to\nthe applicable provision of parts two and three of article seventy-three\nof this chapter or herein, shall be aidable pursuant to subdivision\nseven of section thirty-six hundred two of this chapter, provided that\nthe approved transportation expense shall not exceed an amount\ndetermined by the commissioner to be the total cost for providing the\nmost cost-effective mode of such transportation in a manner consistent\nwith the commissioner's regulations.\n b. Notwithstanding any other provision of law, where any child or\nyouth in foster care attends the school district of residence and such\nchild does not attend the school of origin, such school district shall\nprovide transportation to such child on the same basis as a resident\nstudent. Any cost incurred for such transportation that is allowable\npursuant to the applicable provisions of parts two and three of article\nseventy-three of this chapter or herein, shall be aidable pursuant to\nsubdivision seven of section thirty-six hundred two of this chapter,\nprovided that the approved transportation expense shall not exceed an\namount determined by the commissioner to be the total cost for providing\nthe most cost-effective mode of such transportation in a manner\nconsistent with the commissioner's regulations.\n c. Excess allowable transportation costs beyond those reimbursed in\nparagraphs a and b of this subdivision resulting from the attendance of\na child or youth in foster care shall be shared between the social\nservices district responsible for the foster care costs of the child or\nyouth and the designated school district of attendance equally. Excess\ntransportation costs shall mean the difference between what a school\ndistrict otherwise would spend to transport a student to his or her\nassigned school and the cost of transporting a child in foster care to\nhis or her school of origin; except as otherwise reimbursed under\nparagraph a or b of this subdivision and as further defined in\nregulations of the commissioner. The school district and local social\nservices district are expected to consider and utilize all allowable\nfunding sources, including any available federal funds, to cover\nadditional transportation costs. Provided however that school districts\nand social services districts that have written agreements relating to\nhow excess transportation costs should be funded, that both entities\nhave agreed to and are consistent with the requirements in subparagraph\nfive of paragraph c of section one thousand one hundred twelve of title\ntwenty of the Elementary and Secondary Education Act of 1965, as amended\nby the Every Student Succeeds Act of 2015, filed with the department and\nthe office of children and family services shall not be subject to this\nparagraph. In the absence of such a shared agreement, such school\ndistricts and local departments of social services are subject to the\nprovisions of this paragraph.\n d. Where the child has been placed in foster care in a contiguous\nstate and has designated a school of origin located in the state of New\nYork, the designated school district of attendance in New York state\nshall collaborate with the social services district to arrange for\ntransportation.\n 5. Each child or youth in foster care to be assisted under this\nsection shall be provided services comparable to services offered to\nother students in the school selected under this section, including the\nfollowing: transportation services; educational services for which the\nchild or youth meets the eligibility criteria, such as services provided\nunder Title I of the Elementary and Secondary Education Act of 1965 or\nsimilar state or local programs; educational programs for children with\ndisabilities; educational programs for English learners; programs in\ncareer and technical education; programs for gifted and talented\nstudents; and school nutrition programs.\n 6. The commissioner, in consultation with the office of children and\nfamily services, may promulgate regulations to carry out the purposes of\nthis section.\n