What's happening
This bill clarifies which school district is responsible for evaluating and placing preschool children with disabilities who are in foster care, residential care, or are homeless.
Why it matters
Clarifies financial and administrative responsibility. By specifying which school district (current location or residence) is responsible for evaluating and placing preschoolers with disabilities in foster care, residential care, or who are homeless, the bill aims to avoid confusion and disputes among districts, ensuring timely services for vulnerable children.
Reduces delays in special education services. The bill outlines a clear process for determining which entity must act, helping prevent bureaucratic delays that can harm a young child’s development and learning opportunities, especially for those in unstable living situations.
Gives families and child welfare agencies a voice. For homeless children, parents or guardians can choose which eligible district should be responsible. For foster children, child welfare agencies can recommend a change in responsibility if it serves the child’s best interest, introducing flexibility to better meet individual needs.
Streamlines funding and reimbursement. The bill clarifies which municipality is responsible for contracting and payment, and ensures that these costs are fully reimbursed by the state (with local contributions offset), reducing local financial burdens and potential disputes over funding between districts.
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Headline styles
Keep Preschool Access for Homeless
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1857
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Keep Disabled Kids in Preschool
In Assembly Committee · Education · Sponsor Andrew Hevesi
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1877
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the education of a preschool child with a handicapping condition
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs d, e and g of subdivision 1 of section 4410-a of the education law, as amended by chapter 705 of the laws of 1992, are amended and a new paragraph i is added to read as follows:
d. "Municipality of current location" for a child in foster care or a child in residential care shall mean a municipality in which a child lives which is different from the municipality in which a child or such child's family lived at the time a social services district assumed responsibility for the placement of such child or family, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. Provided, however, that for a child who is homeless "municipality of current location" shall mean the municipality in which the hotel, motel, shelter, or other temporary housing arrangement of a homeless child is located, which is different from the municipality of residence.
e. "Municipality of residence" for a child in foster care or a child in residential care shall mean the municipality in which a child or such child's family lived at the time the local social services district assumed responsibility for the placement of such child or family, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. Provided, however, that for a child who is homeless "municipality of residence" shall mean the municipality in which a child or such child's family lived when circumstances arose which caused such child to become homeless.
g. "School district of current location" for a child in foster care or a child in residential care shall mean a school district in which a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01208-01-7
S. 1877 2
child lives which is different from the school district in which a child or such child's family lived at the time a social services district assumed responsibility for the placement of such child or family, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. Provided, however, that for a child who is homeless "school district of current location" shall mean the school district in which the hotel, motel, shelter, or other temporary housing arrangement of a homeless child is located, which is different from the school district of residence.
i. "School district of residence" for a child in foster care or a child in residential care shall mean the school district in which a child or such child's family lived at the time the local social services district assumed responsibility for the placement of such child or family, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency, which is different from the school district of current location. Provided, however, that for a child who is homeless "school district of residence" shall mean the school district in which a child or such child's family lived when circumstances arose which caused such child to become homeless, which is different from the school district of current location.
§ 2. Subdivisions 2 and 3 of section 4410-a of the education law, as amended by chapter 280 of the laws of 1994, are amended to read as follows:
2. School district evaluation and placement responsibility. a. Child in residential care. The school district of current location of a [foster care or homeless child or] child in residential care shall be responsible for the evaluation and placement procedures prescribed for a preschool child suspected of having a handicapping condition or for a preschool child with a disability pursuant to section forty-four hundred ten of this chapter.
b. Child in foster care. For a child in foster care, the school district of residence shall be responsible for the evaluation and placement procedures prescribed for a preschool child suspected of having a handicapping condition or for a preschool child with a disability pursuant to section forty-four hundred ten of this chapter, unless the child welfare agency determines that it is in the child's best interests to transfer such responsibilities to the school district of current location.
c. Child who is homeless. For a child who is homeless, the parent or the person in parental relation to the homeless child shall designate either the school district of residence or the school district of current location and such designated district shall be responsible for the evaluation and placement procedures prescribed for a preschool child suspected of having a handicapping condition or for a preschool child with a disability pursuant to section forty-four hundred ten of this chapter.
d. In issuing its written notice of determination of services, the board of education of [such] the school district with evaluation and placement responsibility as determined in paragraphs a, b, and c of this subdivision shall identify the municipality of residence and the municipality of current location of a preschool child with a handicapping condition who is a foster care or homeless child or child in residential care. Such notice of determination shall be transmitted to both the municipality of residence and the municipality of current location.
3. Contract and payment responsibility. The municipality [of current location] in which the school district that has evaluation and placement
S. 1877 3
responsibility is located shall be the municipality of record for a preschool child with a handicapping condition who is a foster care or homeless child or child in residential care for the purposes of section forty-four hundred ten of this chapter provided, however, that, notwithstanding the provision of paragraph b of subdivision eleven of such section, the state shall reimburse one hundred percent of the approved costs paid by such municipality which shall be offset by the local contribution due pursuant to subdivision four of this section.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the education of a preschool child with a handicapping condition
Purpose or general idea of bill
This legislation promotes school stability for preschool students with disabilities who are placed in foster care or become homeless by allowing the child's original school district to retain responsibility for preschool special education evaluation and placement in certain situations.
Summary of provisions
Section 1. Section 4401-a of the Education law, as amended by Chapter 705 of the Laws of 1992, is amended.
Section 2. Section 4401-a as amended by Chapter 280 of the Laws of 1994 is amended.
Section 3. Effective date.
Justification
Current law provides protections to promote school stability for school-age students in foster care and school-age students who are homeless. Students placed in foster care have the right to remain in their original schools unless the child welfare agency determines that it is not in their best interest to do so. For students who are homeless, the child's parent may choose to keep the student in the original school or to transfer the student to a school in the school district where the student's temporary housing is located.
However, currently, state law does not give these protections to preschool students with disabilities. Rather, for preschool students with disabilities who are placed in foster care or become homeless, state law requires the child's new school district to assume responsibility for preschool special education evaluation and placement. This mandatory transfer can cause preschool students with disabilities to lose their preschool special education placements and experience gaps in services.
This legislation ensures that preschool students with disabilities who are placed in foster care or who become homeless have school stability protections. It enables the original school district to retain responsibility for preschool special education evaluation and placement when a child becomes homeless and the parent chooses this option or when a child is placed in foster care unless the child welfare agency determines it is not in the child's best interest.
Prior legislative history
2016: S.6373/A.8639 (Hevesi)-Passed Senate
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.