§ 3304 — Educational records and enrollment

§ 3304. Educational records and enrollment. 1. In the event that\nofficial education records cannot be released to the parents for the\npurpose of transfer, the custodian of the records in the sending state\nshall prepare and furnish to the parent a complete set of unofficial\neducational records, to the extent feasible, and using any template\ndeveloped by the interstate commission. Upon receipt of the unofficial\neducation records by a school in the receiving state, the school shall\nenroll and appropriately place the student based on the information\nprovided in the unofficial records pending validation by the official\nrecords, as quickly as possible.\n 2. Simultaneous with the enrollment and conditional placement of the\nstudent, the school in the receiving state shall request the student's\nofficial education record from the school in the sending state. Upon\nreceipt of this request, the school in the sending state will process\nand furnish the official education records to the school in the\nreceiving state within ten days or within such time as is reasonably\ndetermined under the rules promulgated by the interstate commission.\n 3. Notwithstanding any provisions of subdivision seven of section\ntwenty-one hundred sixty-four of the public health law to the contrary,\ncompacting states shall give thirty days from the date of enrollment or\nwithin such time as is reasonably determined under the rules promulgated\nby the interstate commission, for students transferring from a school in\na sending state to obtain any immunizations required by the receiving\nstate. For a series of immunizations, initial vaccinations must be\nobtained within thirty days or within such time as is reasonably\ndetermined under the rules promulgated by the interstate commission.\n 4. For purposes of ensuring a smooth educational transition, students\ntransferring from a local educational agency in a sending state shall\ninitially be allowed to continue their enrollment at grade level in the\nreceiving state commensurate with their grade level from a local\neducational agency in the sending state at the time of transition,\nregardless of age. A student that has satisfactorily completed the\nprerequisite grade level in the local educational agency in the sending\nstate shall initially be eligible for enrollment in the next highest\ngrade level in the receiving state, regardless of age. A student\ntransferring after the start of the school year in the receiving state\nshall enter the school in the receiving state on their validated level\nfrom an accredited school in the sending state. Nothing in this\nsubdivision shall prohibit a local educational agency in the receiving\nstate from performing subsequent evaluations to ensure appropriate\nplacement of the student.\n