•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S07000 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7000
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 16, 2023
                                       ___________
 
        Introduced by Sen. MANNION -- (at request of the State Education Depart-
          ment)  --  read  twice  and  ordered  printed,  and when printed to be
          committed to the Committee on Disabilities
 
        AN ACT to amend the education law, in relation to the responsibility for
          certain temporary-resident preschool children with disabilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 4410-a of the education law, as added by chapter 53
     2  of  the  laws  of  1990  and as renumbered by chapter 705 of the laws of
     3  1992, paragraph b of subdivision 1 as amended by chapter 569 of the laws
     4  of 1994, paragraphs d, e and g of subdivision 1 as  amended  by  chapter
     5  705  of  the  laws  of  1992, paragraph f of subdivision 1 as amended by
     6  chapter 474 of the laws of 1996, paragraph h of subdivision 1 and subdi-
     7  visions 2, 3, and 4 as amended by chapter 280 of the laws  of  1994,  is
     8  amended to read as follows:
     9    §  4410-a.  Responsibility  for  certain  temporary-resident preschool
    10  children with [handicapping conditions]  disabilities.  1.  Definitions.
    11  For the purpose of this section, the following definitions shall apply:
    12    a.  "[Foster  care  child]  Child  in  foster care" shall mean a child
    13  placed in foster care by a social services district.
    14    b. "[Homeless child] Child who is  homeless"  shall  mean  a  homeless
    15  child as defined in paragraph a of subdivision one of section thirty-two
    16  hundred nine of this chapter.
    17    c.  "Municipality" shall mean a county outside the city of New York or
    18  the city, in the case of a county in the city of New York.
    19    d. "Municipality of current location" shall  mean  a  municipality  in
    20  which a child lives which is different from the municipality [in which a
    21  child  or  such  child's  family  lived  at  the  time a social services
    22  district assumed responsibility for the placement of such child or fami-
    23  ly, or at the time such child was admitted for care and/or treatment  in
    24  a facility licensed or operated by another state agency] of origin.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03197-01-3

        S. 7000                             2
 
     1    e. "Municipality of [residence] origin" shall mean:
     2    (i)  for  a child in foster care, the municipality within the state of
     3  New York in which a child or  such  child's  [family  lived]  parent  or
     4  person  in  parental  relation  resided  at  the  time [the local social
     5  services district assumed responsibility for the placement of such child
     6  or family, or at the time] of placement into foster care when the social
     7  services district assumed care and custody or custody  and  guardianship
     8  of such child;
     9    (ii) for a child who is homeless, the municipality within the state of
    10  New  York  in which a child or such child's parent or person in parental
    11  relation resided when circumstances arose which  caused  such  child  to
    12  become homeless; and
    13    (iii)  for  a  child  in residential care, the municipality within the
    14  state of New York in which a child or such child's parent or  person  in
    15  parental  relation  resided at the time such child was admitted for care
    16  and/or treatment in a facility licensed or operated by [another] a state
    17  agency, other than the office of children and family services.
    18    f. "Preschool child with a disability" shall mean a child eligible for
    19  services pursuant to section forty-four hundred ten  of  this  [chapter]
    20  article.  A  "preschool  child  with  a  handicapping condition" means a
    21  preschool child with a disability.
    22    g. "School district of current location" for a child who  is  homeless
    23  or  in  residential  care  shall mean a school district in which a child
    24  lives which is different from the school district [in which a  child  or
    25  such child's family lived at the time a social services district assumed
    26  responsibility for the placement of such child or family, or at the time
    27  such child was admitted for care and/or treatment in a facility licensed
    28  or  operated  by  another state agency] of origin. For a child in foster
    29  care such terms shall mean "school district  residence"  as  defined  in
    30  section thirty-two hundred forty-four of this chapter.
    31    h. "Child in residential care" shall mean a child residing in a facil-
    32  ity,  hospital  or institution licensed or operated by [another] a state
    33  agency, other than the  office  of  children  and  family  services,  as
    34  defined  by subdivision six of section 1.03 of the mental hygiene law or
    35  by paragraph (m) of subdivision one of section two of the public  health
    36  law.
    37    i. "School district of origin" shall mean:
    38    (i)  for  a child in foster care, the school district within the state
    39  of New York in which the child in foster care  was  attending  a  public
    40  preschool  on  a  tuition-free basis or was entitled to attend, or would
    41  have been entitled to attend had the child  been  the  eligible  age  to
    42  attend,  at  the  time  of  placement  into  foster care when the social
    43  services district  assumed care and custody or custody and  guardianship
    44  of such child;
    45    (ii)  for  a    child  who is homeless, the school district within the
    46  state of New York in which a child  who  is  homeless  was  attending  a
    47  public  preschool  on a tuition-free basis or was entitled to attend, or
    48  would have been entitled to attend had the child been the  eligible  age
    49  to  attend,  when  circumstances arose which caused such child to become
    50  homeless; and
    51    (iii) for a child in residential care, the school district within  the
    52  state of New York in which a child was attending a public preschool on a
    53  tuition-free  basis  or was entitled to attend, or would have been enti-
    54  tled to attend had the child been the eligible age  to  attend,  at  the
    55  time  such  child  was  admitted for care and/or treatment in a facility

        S. 7000                             3
 
     1  licensed or operated by a state agency, other than the office  of  chil-
     2  dren and family services.
     3    2.  School  district  evaluation and placement responsibility.  a. The
     4  school district of current location of a [foster care or homeless  child
     5  or]  child  in  residential care shall be responsible for the evaluation
     6  and placement procedures prescribed for a preschool child  suspected  of
     7  having  or  who  has  a  [handicapping condition] disability pursuant to
     8  section forty-four hundred ten of this [chapter] article.
     9    b. The school district of origin or the  school  district  of  current
    10  location  of a child in foster care designated pursuant to paragraph (a)
    11  of subdivision two of section  thirty-two  hundred  forty-four  of  this
    12  chapter shall be responsible for the evaluation and placement procedures
    13  prescribed  for a preschool child suspected of having or who has a disa-
    14  bility pursuant to section  forty-four  hundred  ten  of  this  article,
    15  subject  to  a  best interest determination pursuant to paragraph (a) of
    16  subdivision two of section thirty-two hundred forty-four of  this  chap-
    17  ter.
    18    c.  The  school  district  of origin or the school district of current
    19  location of a child who is homeless designated pursuant  to  subdivision
    20  two  of section thirty-two hundred nine of this chapter shall be respon-
    21  sible for the evaluation  and  placement  procedures  prescribed  for  a
    22  preschool  child suspected of having or who has a disability pursuant to
    23  section forty-four hundred ten of this article, subject to a best inter-
    24  est determination pursuant to  subparagraph  three  of  paragraph  f  of
    25  subdivision two of section thirty-two hundred nine of this chapter.
    26    d.  In  issuing  its  written notice of determination of services, the
    27  board of education of [such] the school  district  with  evaluation  and
    28  placement  responsibility as determined pursuant to paragraphs a, b, and
    29  c of this subdivision shall identify  the  municipality  of  [residence]
    30  origin  and  the  municipality of current location, of a preschool child
    31  with a [handicapping condition] disability who is a child in foster care
    32  or [homeless] child who is homeless or child in residential  care.  Such
    33  notice of determination shall be transmitted to both the municipality of
    34  [residence] origin and the municipality of current location.
    35    3.  Contract  and payment responsibility. The municipality of [current
    36  location] the school district which is determined to be responsible  for
    37  the  evaluation and placement of such child, pursuant to subdivision two
    38  of this section, shall be the municipality of record for  a    preschool
    39  child  with  a  [handicapping  condition]  disability  who is a child in
    40  foster care or a child who is homeless [child] or a child in residential
    41  care for the purposes of section forty-four hundred ten of  this  [chap-
    42  ter]  article  provided, however, that, notwithstanding the provision of
    43  paragraph b of subdivision eleven of such section, if  the  municipality
    44  of record is the municipality of current location, the state shall reim-
    45  burse  one  hundred  percent  of the approved costs paid by such munici-
    46  pality which shall be offset by the local contribution due  pursuant  to
    47  subdivision four of this section.
    48    4.  Local  contribution.  [The]  If  the  municipality  of  record  as
    49  described in subdivision three of this section is  the  municipality  of
    50  current location, the municipality of [residence] origin shall be finan-
    51  cially  responsible  for  the  local contribution which shall equal that
    52  portion of the approved costs of services to a child in foster care or a
    53  child who is homeless [child]  or  child  in  residential  care  with  a
    54  [handicapping condition] disability which would not be reimbursed pursu-
    55  ant  to  the  schedule  set  out in paragraph b of subdivision eleven of
    56  section forty-four hundred ten of this [chapter] article.   The  commis-

        S. 7000                             4
 
     1  sioner shall certify to the comptroller the amount of the local contrib-
     2  ution  owed  by  each  municipality  to the state. The comptroller shall
     3  deduct the amount of such local contribution first from any  moneys  due
     4  the municipality pursuant to such section and then from any other moneys
     5  due or to become due such municipality.
     6    §  2.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law.
Go to top