STATE OF NEW YORK
________________________________________________________________________
1055
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
___________
Introduced by M. of A. ROZIC, BLAKE, HEVESI -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to pre-kindergarten
education for homeless children
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 3209 of the education law, as
2 added by chapter 569 of the laws of 1994, is amended to read as follows:
3 7. Notwithstanding any other provision of law to the contrary, the
4 provisions of this section shall apply to a homeless child in pre-kin-
5 dergarten through twelfth grade.
6 8. The commissioner may promulgate regulations to carry out the
7 purposes of this section.
8 § 2. Paragraphs (c) and (d) of subdivision 1 of section 3209 of the
9 education law, as added by chapter 569 of the laws of 1994, are amended
10 to read as follows:
11 c. School district of origin. The term "school district of origin"
12 shall mean the school district within the state of New York in which the
13 homeless child was attending a public school on a tuition-free basis, or
14 was attending a pre-kindergarten program, or was entitled to attend when
15 circumstances arose which caused such child to become homeless, which is
16 different from the school district of current location. Whenever the
17 school district of origin is designated pursuant to subdivision two of
18 this section, the child shall be entitled to return to the school build-
19 ing where previously enrolled. For the purposes of this section, the
20 terms "school" or "school building" shall include an eligible agency
21 that administers a pre-kindergarten program.
22 d. School district of current location. The term "school district of
23 current location" shall mean the public school district within the state
24 of New York in which the hotel, motel, shelter or other temporary hous-
25 ing arrangement of a homeless child, or the residential program for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01240-01-7
A. 1055 2
1 runaway and homeless youth, is located, which is different from the
2 school district of origin. Whenever the school district of current
3 location is designated pursuant to subdivision two of this section, the
4 child shall be entitled to attend the school that is zoned for his or
5 her temporary location or any school that nonhomeless students who live
6 in the same attendance zone in which the homeless child or youth is
7 temporarily residing are entitled to attend. If the homeless child is
8 eligible for pre-kindergarten and the school district of current
9 location operates a pre-kindergarten program, the child shall be enti-
10 tled to attend a pre-kindergarten program.
11 § 3. This act shall take effect on the first of July next succeeding
12 the date on which it shall have become a law.
