BILL NUMBER: S8370
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the education law, in relation to the responsibility for
certain temporary-resident preschool children with disabilities
 
PURPOSE OF THE BILL:
The purpose of the bill is to clarify the responsibility for certain
temporary-resident preschool children with disabilities.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 4410-a of the Education Law titled
responsibility for temporary-resident preschool children with disabili-
ties. The definitions provided in subdivision one of such section are
amended as follows: the terms "foster care child" and "homeless child"
are renamed "child in foster care" and "child who is homeless," respec-
tively; the definition of "municipality of current location" is rede-
fined as a municipality in which a child lives which is difference from
the municipality of origin; the term "municipality of residence" is
renamed the "municipality of origin." Such definition is amended to
provide that: for a child in foster care, the municipality within the
state of New York in which a child or such child's parent or person in
parental relation resided at the time of placement into foster care when
the social services district assumed care and custody and guardianship
of such child; for a child who is homeless, the municipality with the
state of New York in which a child or such child's parent or person in
parental relation resided when circumstances arose which cause such
child to become homeless; and for a child in residential care, the muni-
cipality within the state of New York in which a child or such child's
parent or person in a parental relation resided at the time such child
was admitted for care and/or treatment in a facility licensed or oper-
ated by another state agency; the definition of the term "school
district to current location" is redefined as a school district in which
a child lives which is different from the school district of origin; the
definition of the term "child in residential care" is amended to clarify
that it applies to children residing in a facility, hospital or institu-
tion licensed or operated by a state agency, other than the office of
children and family services; and a definition for the term "school
district of origin" is added and defined as the school district within
the state of New York in which the child was attending a public
preschool on a tuition-free basis or was entitled to attend, or would
have been entitled to attend had the child been the eligible age to
attend, at the time of placement into foster care for a child in foster
care, or when circumstances arose which cause such child to become home-
less for a child who is homeless, or at the time such child was admitted
for care and/or treatment in a facility licensed or operated by another
state agency for a child in residential care.
The school district evaluation and placement responsibility provision in
subdivision two of such section is amended to provide that the school
district of current location of a child in residential care is responsi-
ble for the evaluation and placement of a preschool child suspected of
having or who has a disability; the school district of origin or the
school district of current location of a child in foster care designated
pursuant to Education Law § 3244(2)(a) is responsible for the evaluation
and placement of a preschool children suspected of having or 'who has a
disability, subject to a best interest determination; and the school
district of origin or the school district of current location of a child
who is homeless designated pursuant to Education Law § 3209(2)is respon-
sible for the evaluation and placement procedures for a preschool child
suspected of having or who has a disability, subject to a best interest
determination.
The contract and payment responsibility provision in subdivision three
of such section is amended to provide that the school district which is
determined to be responsible for the evaluation and placement of such
children shall be the municipality of record, provided however, that if
the municipality of record is the municipality of current location, the
state shall reimburse one hundred percent of the approved costs paid by
such municipality, offset by the local contribution.
The local contribution provision in subdivision four of such section is
amended to provide that if the municipality of record is the munici-
pality of current location, the municipality of origin shall be finan-
cially responsible of the local contribution.
Section 2 of the bill establishes an effective date of 90 days after it
shall have become a law.
 
STATEMENT IN SUPPORT OF THE BILL:
Currently, section 4410-a of the Education Law provides that the school
district of current location of a child in foster care, child who is
homeless, or child in residential care is responsible for the evaluation
and placement procedures of children suspected of having a disability.
However, the McKinney-Vento Act, reauthorized by the Every Students
Succeeds Act (ESSA), was amended to extend the definition of "school of
origin" to include preschools. Under the McKinney-Vento Act, as imple-
mented by Education Law § 3209, either the school district of origin or
the school district of current location is designated as the school
district of attendance for children who are homeless, subject to a best
interest determination. Similarly, ESSA and Education Law § 3244 provide
that either the school district of origin or the school district of
current location shall be designated as the school district of attend-
ance for children in foster care, subject to a best interest determi-
nation.
Therefore, this bill would make technical amendments to section Educa-
tion Law § 4410-a Law consistent with ESSA and Education Law §§ 3209 and
3244 by providing that, for children in foster care and children who are
homeless, the school district designated pursuant to Education Law §§
3209 and 3244, respectively, shall be responsible for the evaluation and
placement procedures for a preschool child suspected of having or who
has a disability, subject to a best interest determination pursuant to
such sections.
BUDGETARY IMPLICATIONS OF THE BILL:
None. This bill does not require any additional State appropriations.
The municipality of current location, where such municipality is the
municipality of record, will continue to be reimbursed by the state for
one hundred percent of the approved costs paid by such municipality
which will continue to be offset by the local contribution. The munici-
pality of origin will continue to be responsible for the local contrib-
ution, where the municipality of record is the municipality of current
location.
 
PRIOR LEGISLATIVE HISTORY:
In 2023-24 the Senate introduced and passed S7000B, the bill was not
introduced in the Assembly.
 
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.