100.2(x) Education of Homeless Children.
(1) Definitions.As used in this subdivision:
(i) Homeless child means:
(a) a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child who is:
(1) sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason;
(2) living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;
(3) abandoned in hospitals;
(4) awaiting foster care placement; or
(5) a migratory child, as defined in section 1309(2) of the No Child Left Behind Act of 2001, 20 U.S.C. section 6399(2) (Public Law section 107-110, section 1309(2), 115 STAT. 1579-1580; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234), who qualifies as homeless under any of the provisions of subclauses (1) through (4 ) of this clause or clause (b) of this subparagraph; or
(b) a child or youth who has a primary nighttime location that is:
(1) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the State or local department of social services, and residential programs for runaway and homeless youth established pursuant to article 19-H of the Executive Law; or
(2) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train stations or similar setting;
(c) the term homeless child shall not include a child in foster care or receiving educational services pursuant to Education Law section 3202 (4), (5), (6), (6a) or (7) or pursuant to article 81, 85, 87 or 88.
(ii) Designator means:
(a) the parent or person in parental relation to a homeless child; or
(b) the homeless child, together with the homeless liaison designated under subparagraph (7)(iii) of this subdivision, where applicable, in the case of an unaccompanied youth; or
(c) the director of a residential program for runaway and homeless youth established pursuant to article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program.
(iii) School district of origin means the school district within the State of New York in which the homeless child was attending a public school on a tuition-free basis or was entitled to attend when circumstances arose which caused such child to become homeless, which is different from the school district of current location.
(iv) School district of current location means the public school district within the State of New York in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin.
(v) Regional placement plan means a comprehensive regional approach to the provision of educational placements for homeless children which has been approved by the commissioner.
(vi) unaccompanied youth means a homeless child or youth not in the physical custody of a parent or legal guardian. The term unaccompanied youth shall not include a child or youth who is residing with someone other than a parent or legal guardian for the sole reason of taking advantage of the schools of the district.
(2) Choice of district.
(i) The designator shall have the right to designate one of the following as the school district within which a homeless child shall be entitled to attend upon instruction:
(a) the school district of current location;
(b) the school district of origin; or
(c) a school district participating in a regional placement plan.
(ii) Where the school district in which a homeless child is temporarily housed is the same district the child attended on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless, the child shall be entitled to attend the schools of such district without the payment of tuition for the duration of homelessness. In lieu of attending the school serving the attendance zone in which the child is temporarily relocated, such child may choose to remain in the public school building he or she previously attended until the end of the school year and for one additional year if that year constitutes the child's terminal year in such building.
(iii) A homeless child who designates the school district of current location as the district of attendance and who relocates to another temporary housing arrangement outside of such district, or to a different attendance zone or community school district within such district, shall be entitled to maintain the prior designation to continue attendance in the same school building until the end of the school year and for one additional year if the year constitutes the child's terminal year in such building.
(iv) Where the public school or school district a homeless child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless is located outside the State, the homeless child shall be deemed a resident of the school district in which the child is temporarily located and shall be entitled to attend the schools of such district without payment of tuition. Such district of residence shall not be considered the school district of origin or the school district of current location for purposes of this section.
(v) Whenever the school district of origin is designated, the child shall be entitled to return to the school building where previously enrolled. Whenever the school district of current location is designated, the child shall be entitled to attend the school that is zoned for his or her temporary location or any school that nonhomeless students who live in the same attendance zone in which the homeless child or youth is temporarily residing are entitled to attend.
(vi) Prior to the end of the first semester of attendance or within 60 days of commencing attendance at a school pursuant to the designation made in accordance with this subdivision whichever occurs later, the designator may change the designation if the designator finds the original designation to be educationally unsound.
(3) A designation form provided by the commissioner shall be completed by the appropriate designator as defined in subparagraph (1)(ii) of this subdivision. Such form shall be completed in full. All school districts, temporary housing facilities operated or approved by a local social services district, and residential facilities for runaway and homeless youth shall make such forms available to a homeless child who seeks admission to school or to the parent or person in parental relation who seeks to enroll such child in school.
(i) Where the homeless child is located in a temporary housing facility operated or approved by a local social services district or a residential facility for runaway and homeless youth, the director of the facility or a person designated by the social services districts, shall, within two business days of entry into such facilities, assist the designator to ensure that the form is properly completed and assist the child, where necessary, to enroll in the designated school district.
(ii) Where a parent or person in parental relation or a child who is neither placed in a temporary housing facility by the local department of social services nor housed in a residential program for runaway homeless youth established pursuant to article 19-H of the Executive Law, designates the school district of current location, the school district shall forward to the department a completed designation form and a statement of the basis for its determination that the child is a homeless child entitled to attend the schools of the district.
(4) Upon receipt of a designation form, the designated school district shall immediately:
(i) review the designation form to assure that it has been completed;
(ii) admit the homeless child even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency or other documentation;
(iii) provide the child with access to all of its programs, activities and services to the same extent as they are provided to resident students;
(iv) immediately contact the school district where the child's records are located for a copy of such records and coordinate the transmittal of records for students with disabilities consistent with section 200.4(e)(8)(iii) of this Title;
(v) if the child or youth needs to obtain immunizations or immunization or medical records, the school admitting such child or youth shall immediately refer the parent or guardian of the homeless child or youth to the local educational agency liaison designated under subparagraph (7)(iii) of this subdivision who shall assist in obtaining necessary immunizations or immunization or medical records in accordance with section 42 U.S.C. section 11432(g)(3)(C) and (D) (Public Law 107-110, title X, section 1032, 115 STAT. 1998; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234); and
(vi) forward the designation form to the commissioner, and the school district of origin, where applicable.
(5) Within five days of the receipt of a request for school records, the school district shall forward a complete copy of the homeless child's records including, but not limited to, proof of age, academic records, evaluations, immunization or medical records, and guardianship papers, if applicable.
(6) Any homeless child not entitled to receive transportation pursuant to Education Law, section 3209(4) from the Department of Social Services or from the Division for Youth, to the extent funds are provided for such purpose as determined by the Director of the Budget, shall be transported by the designated school district.
(i) The designated school district shall provide or arrange in the most cost-effective manner for transportation to and from the child's temporary housing location and the school the child legally attends.
(ii) Where such transportation is in excess of 50 miles one way, such transportation shall only be provided where the commissioner certifies that such transportation is in the best interest of the child.
(iii) Where a homeless child designates the school district of current location as the district the child will attend, such district shall provide transportation to such child on the same basis provided to resident students.
(iv) If a homeless child chooses to continue attendance in the public school building where he or she previously attended pursuant to subparagraph (2)(ii) or (iii) of this subdivision, the school district shall provide transportation to and from the child's temporary housing location and the school the child legally attends if such temporary housing is located in a different attendance zone or community school district within such district.
(v) Expenditures for the transportation of a parent accompanying a transported homeless child shall be eligible for transportation aid pursuant to section 3602(7) of the Education Law under the following circumstances:
(a) where the homeless child is being transported using public transportation, transportation of the child with an accompanying parent has been determined by the school district responsible for transporting the child to be the most cost-effective means of transportation, and the school district has determined that public transportation unaccompanied by the parent is inappropriate because of the child's age, the distance to be traveled, the complexity of the transportation arrangement, the need to transport the child through a high crime area, or a combination of such factors; or
(b) where the homeless child is a student with a disability whose individualized education program (IEP) includes the services of a transportation aide or attendant, and providing transportation with the parent serving as the transportation aide or attendant for the child is the most cost-effective means of transportation; or
(c) where transportation by the parent in the parents vehicle is the most cost-effective means of transportation.
(vi) For purposes of determining the maximum amount of aidable transportation expense of regular transportation for a homeless child pursuant to section 3209(4)(c) of the Education Law, the transportation service provider or school district shall demonstrate that the costs of such transportation are based on an appropriate unit cost determined by dividing the grand total of transportation expenditures for the preceding school year of all regular transportation services provided to students of the district by the service provider or school district by the number of vehicles, passengers, miles traveled or other appropriate transportation service units represented by all such transportation services.
(7) School district responsibilities.
(i) Enrollment. Each school district shall:
(a) ensure that homeless children and youth are not segregated in a separate school, or in a separate program within a school, based on their status as homeless;
(b) to the extent feasible and consistent with the requirements of paragraphs (2) and (4) of this subdivision, keep a homeless child or youth in the school of origin except when doing so is contrary to the wishes of the child's or youth's parent or guardian; and
(c) a student with a disability as defined in section 200.1(zz) of this Title, who transfers school districts within the same academic year, is provided with a free appropriate public education, including services comparable to those described in the previously held individualized education program (IEP) pursuant to section 200.4(e)(8) of this Title.
(ii) Dispute resolution. Each school district shall:
(a) establish procedures, in accordance with 42 U.S.C. section 11432(g)(3)(E), for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth (Public Law 107-110, title X, section 1032, 115 STAT. 1998; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234), including, but not limited to, disputes regarding transportation and/or a child's or youth's status as a homeless child or unaccompanied youth;
(b) provide a written explanation, including a statement regarding the right to appeal pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the name, post office address and telephone number of the local educational agency liaison and the form petition for commencing an appeal to the commissioner pursuant to Education Law, section 310 of a final determination regarding enrollment, school selection and/or transportation, to the homeless child's or youth's parent or guardian, if the school district declines to either enroll and/or transport such child or youth to the school of origin or a school requested by the parent or guardian (Public Law 107-110, title X, section 1032, 115 STAT. 1998; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234); and
(c) delay for 30 days the implementation of a final determination to decline to either enroll in and/or transport the homeless child or youth or unaccompanied youth to the school of origin or a school requested by the parent or guardian or unaccompanied youth; provided that if the parent or guardian of a homeless child or youth or unaccompanied youth commences an appeal to the commissioner pursuant to Education Law, section 310 with a stay application within 30 days of such final determination, the homeless child or youth or unaccompanied youth shall be permitted to continue attending the school he or she is enrolled in at the time of the appeal until the commissioner renders a decision on the stay application.
(iii) Local educational agency liaison. Each school district shall:
(a) designate an appropriate staff person, who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and youth to carry out the duties described in 42 U.S.C. section 11432(g)(6) (Public Law 107-110, title X, section 1032, 115 STAT. 2000; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234);
(b) in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii) (Public Law 107-110, title X, section 1032, 115 STAT. 1998; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234 and provides the form petition for commencing an appeal to the commissioner pursuant to Education Law, section 310 of a final determination regarding enrollment, school selection and/or transportation);
(c) require the local educational agency liaison to assist the homeless child's or youth's parent or guardian or the unaccompanied youth in commencing an appeal to the commissioner pursuant to Education Law, section 310 of a final determination regarding enrollment, school selection and/or transportation by:
(1) providing the parent or guardian or unaccompanied youth with the form petition;
(2) assisting the parent or guardian or unaccompanied youth in completing the form petition;
(3) arranging for the copying of the form petition and supporting documents for the parent or guardian or unaccompanied youth, without cost to the parent or guardian or unaccompanied youth;
(4) accepting service of the form petition and supporting papers on behalf of any school district employee or officer named as a party or the school district if it is named as a party or arranging for service by mail by mailing the form >petition and supporting documents to any school district employee or officer named as a party and, if the school district is named as a party, to a person in the office of superintendent who has been designated by the board of education to accept service on behalf the school district;
(5) providing the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that the local educational agency liaison has received the form petition and supporting documents and will either accept service of these documents on behalf of the school district employee or officer or school district or effect service by mail by mailing the form petition and supporting documents to any school district employee or officer named as a party and, if the school district is named as a party, to a person in the office of superintendent who has been designated by the board of education to accept service on behalf of the school district;
(6) transmitting on behalf of the parent or guardian or unaccompanied youth, within five days after the service of, the form petition or any pleading or paper to the Office of Counsel, Education Department, State Education Building, Albany, NY 12234;
(7) providing the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that the local educational agency liaison has received the form petition and supporting documents and will transmit these documents on behalf of the parent, guardian or unaccompanied youth to the Office of Counsel, Education Department, State Education Building, Albany, NY 12234; and
(8) accepting service of any subsequent pleadings or papers, including any correspondence related to the appeal, if the parent or guardian or unaccompanied youth so elects related to the appeal on behalf of the parent or guardian or unaccompanied youth and making such correspondence available to the parent or guardian or unaccompanied youth;
(d) ensure that the local educational agency liaison maintains a record of all appeals of enrollment, school selection and transportation determinations; and
(e) inform school personnel, service providers and advocates working with homeless families of the duties of the local educational agency liaison.
(iv) Coordination. Each school district shall coordinate:
(a) the provision of services provided pursuant to subtitle B of title VII of the McKinney-Vento Homeless Education Assistance Act, as amended, (42 U.S.C. sections 11431 et seq.) with local social services agencies and other agencies or programs providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. sections 5701 et seq.);
(b) with other school districts on interdistrict issues, such as transportation or transfer of school records; and
(c) implementation of this subdivision with the requirements of the individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(v) Reporting. Each school district shall collect and transmit to the commissioner, at such time and in such manner as the commissioner may require, a report containing such information as the commissioner determines is necessary to assess the educational needs of homeless children and youths within the State.