New York Laws
Part 1 - Compulsory Education
3202 - Public Schools Free to Resident Pupils; Tuition From Nonresident Pupils.

(i) The term "school district of origin" shall mean the school
district within the state of New York in which the child or youth in
foster care was attending a public school or preschool on a tuition-free
basis or was entitled to attend when the social services district or
office of children and family services assumed responsibility for the
placement, support and maintenance of such child or youth, which is
different from the school district of residence.
(ii) School district of residence. The term "school district of
residence" shall mean the public school district within the state of New
York in which the foster care placement is located, which is different
from the school district of origin.
b. Except as provided in subdivision five of this section, the cost of
instruction of children in foster care shall be borne by the school
district of origin. Where a school district other than the school
district of origin is designated in accordance with paragraph e of
subdivision two of section thirty-two hundred forty-four of this
article, the cost of instruction shall be borne by the school district
of origin and the tuition paid to the designated school district of
attendance shall be computed as provided in paragraph d of this
subdivision, except that, where the foster care placement receives
program support from a child care institution affiliated with a special
act school district as defined in subdivision eight of section four
thousand one of this chapter, and the designated school district of
attendance, upon the recommendation of its committee on special
education, contracts for such pupil's education pursuant to paragraph c,
d, e, or f of subdivision two of section forty-four hundred one of this
chapter or for a nonresidential placement pursuant to paragraph l of
such subdivision, costs incurred shall be reimbursed in accordance with
paragraph e of this subdivision. Notwithstanding any inconsistent
provision of law, where the permanent residence of a pupil is outside of
the state, the school district in which the pupil was located at the
time the public agency placed such pupil shall be deemed the school
district of origin of such pupil for purposes of this subdivision and
shall be responsible for the cost of instruction of such pupil.
c. Children cared for in free family homes and children cared for in
family homes at board, when such family homes shall be the actual and
only residence of such children and when such children are not supported
and maintained at the expense of a social services district or of a
state department or agency, shall be deemed residents of the school
district in which such family home is located.
d. For the purposes of this subdivision, tuition shall be fixed in an
amount which represents the additional operating cost to the designated
school district of attendance resulting from the attendance of a child
for whom tuition is required, computed in accordance with a formula
established by the commissioner of education.
e. Where the designated school district of attendance for a child or
youth in foster care that receives program support from a child care
institution affiliated with a special act school district, other than
the board of the pupil's school district of origin as defined in
paragraph a of this subdivision, upon the recommendation of its
committee on special education, contracts for the instruction of such
pupil pursuant to paragraph c, d, e, or f of subdivision two of section

forty-four hundred one of this chapter or for a nonresidential placement
pursuant to paragraph l of such subdivision, such board shall submit a
claim to the commissioner for current year reimbursement of costs
incurred for such pupil. The commissioner shall pay such claim in
accordance with the applicable provisions of section thirty-six hundred
nine-b of this chapter and shall be reimbursed by the school district
identified as the pupil's school district of origin as defined in
paragraph a of this subdivision. The commissioner shall deduct the
amount of such claim from moneys otherwise due the school district of
origin.
f. The identity of the school district of origin shall be established
in accordance with the following procedure:
(i) Within ten days of the placement of such pupil, the public agency
or its designee shall give written notice of such placement to the board
of education of the school district believed to be the school district
of origin. Such notification shall include the name of the pupil and any
particulars about the pupil that pertain to the identification of the
school district as the school district of origin as defined in paragraph
a of this subdivision.
(ii) A board of education of a school district which receives
notification pursuant to subparagraph (i) of this paragraph may submit
to the public agency, within ten days of its receipt of such notice,
additional evidence to establish that it is not the pupil's district of
origin as defined in paragraph a of this subdivision. Any evidence so
submitted shall be considered by the agency prior to making its final
determination, which shall be made no later than five days after the
agency's receipt of such additional evidence. In the event such school
district fails to submit additional evidence within such ten day period,
the determination of the public agency shall be final and the
notification provided pursuant to subparagraph (i) of this paragraph
shall be deemed final notification of such determination.
(iii) If, upon its review, the public agency determines that the
school district notified pursuant to subparagraph (i) of this paragraph
was not the pupil's district of origin, the public agency shall send
notification to the correct school district, in the form prescribed by
subparagraph (i) of this paragraph. Alternatively, if, upon its review,
the public agency determines that the school district originally
designated pursuant to subparagraph (i) of this paragraph is the pupil's
district of origin, the public agency shall notify such district in
writing of its final determination.
(iv) The board of education of the school district finally determined
by the public agency to be the pupil's school district of origin may
appeal such determination to the commissioner within thirty days of its
receipt of final notification pursuant to this paragraph. Such an appeal
shall be conducted in the same manner as an appeal from the actions of
local school officials pursuant to section three hundred ten of this
chapter, except that the factual allegations of the petitioner shall not
be deemed true in the event the public agency elects not to appear in
the appeal. The petitioner shall join as a party to the appeal any other
school district suspected to be the pupil's actual school district of
origin.
(v) If the commissioner finds that the school district notified
pursuant to subparagraph (i) or (iii) of this paragraph was not the
pupil's school district of origin as defined in paragraph a of this
subdivision and that the correct school district was not joined as a
party to the appeal, the commissioner shall direct the public agency to
notify the correct school district pursuant to subparagraph (i) of this
paragraph.
(vi) Notwithstanding any inconsistent provisions of law, during the
pendency of all proceedings to review a denial of financial
responsibility, the commissioner shall issue an interim order assigning
such financial responsibility to the school district or, alternatively,
upon a determination that the public agency failed to make reasonable
efforts to identify the school district of origin of such child, to the
public agency. In the event the public agency fails to provide timely
notice pursuant to subparagraph (i) of this paragraph, or fails to
render its final determination in a timely manner, the public agency
responsible for such pupil's residential placement shall reimburse the
commissioner for the payments made to the district furnishing
instruction pursuant to this paragraph during the pendency of all
proceedings or for the duration of the current school year, whichever is
longer, and the state comptroller shall withhold such amount from any
moneys due the county or the city of New York, on vouchers certified or
approved by the commissioner, in the manner prescribed by law or shall
transfer such amount from the account of such state department or agency
upon certification of the commissioner, and such funds shall be credited
to the general support for public schools local assistance account of
the department.
(vii) Any final determination or order of the commissioner concerning
the school district of origin of any pupil under this section may only
be reviewed in a proceeding brought in the supreme court pursuant to
article seventy-eight of the civil practice law and rules. In any such
proceeding under such article seventy-eight, the court may grant any
relief authorized by the provisions of section seventy-eight hundred six
of such law and rules and may also, in its discretion, remand the
proceedings to the commissioner. A local social services commissioner or
any state department or agency placing pupils pursuant to this
subdivision is a proper party in any such appeal or proceeding.
(viii) Upon completion of all proceedings to review the denial of
financial responsibility for the costs of instruction pursuant to this
paragraph, the commissioner shall refund any payments made by a party
cleared of such responsibility and shall collect any payments owed by a
party found to have such responsibility. Where such transactions involve
a school district liable for reimbursement pursuant to paragraph e of
this subdivision, the commissioner shall appropriately increase or
decrease the moneys due a school district by such amount in accordance
with the provisions of section thirty-six hundred nine-b of this
chapter. Where such transactions involve the public agency making a
placement pursuant to this subdivision, the comptroller shall increase
or decrease the moneys due such public agency by such amount upon
certification of the commissioner, transferring such amount to or from
the account of such state department or agency to or from the general
support for public schools local assistance account of the department.
g. If within ninety days from the entry of an order or judgment of a
court of competent jurisdiction or the receipt of a decision of the
commissioner pursuant to section three hundred ten of this chapter,
determining the responsibility of a school district to pay tuition for a
pupil in accordance with the provisions of paragraph a of this
subdivision or of section five hundred four of the executive law, such
school district has not made payment to the designated school district
of attendance, the school district entitled to such payment may make
application to the commissioner to receive a sum in the amount of such
tuition from the apportionment of public money payable to the school
district required to pay such tuition. The application for payment shall
be accompanied by a certified copy of the order or judgment of a court,
or a copy of the decision of the commissioner, and by proof of service

by first class mail of a copy of such application upon the school
district required to pay such tuition. Unless the school district
required to pay such tuition shall have notified the commissioner of
such payment within thirty days from the receipt of such application,
the commissioner shall withhold an amount equal to the tuition for such
pupil from the public money payable to the school district responsible
for such tuition and shall pay such amount to the school district which
has provided instruction to such pupil. The commissioner is authorized
to promulgate regulations to implement the provisions of this paragraph.
5. a. Children who reside in a school for individuals with
developmental disabilities operated by the department of mental hygiene
and for whom the department has assumed responsibility for support and
maintenance prior to July one, nineteen hundred seventy-seven and who
are placed in a family home at board, a duly incorporated orphan asylum
or other institution for the care, custody and treatment of children
shall be admitted to the schools of the school district in which such
family home or institution is located. The department is authorized to
reimburse each school district furnishing educational services to such
children for the direct cost of such services in accordance with
regulations promulgated by the commissioner and approved by the director
of the budget. The educational costs for these children shall not be
otherwise aidable or reimbursable.
b. Children who reside in a school for individuals with developmental
disabilities operated by the department of mental hygiene and for whose
support and maintenance the department assumes responsibility on or
after July one, nineteen hundred seventy-seven and who are thereafter
placed in a family home at board, a duly incorporated orphan asylum or
other institution for the care, custody and treatment of children shall
be admitted to the schools of the school district in which such family
home or institution is located. The department is authorized to
reimburse each school district furnishing educational services to such
children for the direct cost of such services in accordance with
regulations promulgated by the commissioner and approved by the director
of the budget. The educational costs for these children shall not be
otherwise aidable or reimbursable. The school district in which the
child resided at the time the department of mental hygiene assumed
responsibility for the support and maintenance of such child shall
reimburse the education department for its expenditure on behalf of such
child in an amount equal to the school district basic contribution, as
such term is defined in subdivision eight of section forty-four hundred
one of this chapter. The comptroller may deduct from any state funds
which become due to a school district an amount equal to the
reimbursement required to be made by such school district in accordance
with this paragraph, and the amount so deducted shall not be included in
the operating expense of such district for the purpose of computing the
approved operating expense pursuant to paragraph t of subdivision one of
section thirty-six hundred two of this chapter. The department of mental
hygiene shall notify the department of the name of the child, the
location of the family home or institution where the child is to be
placed and the name of the school district in which such child resided
at the time the department of mental hygiene assumed responsibility for
his or her support and maintenance.
c. (1) The department is authorized to reimburse each school district
furnishing educational services to children residing in schools for
individuals with developmental disabilities operated by the office for
people with developmental disabilities for the direct cost of such
services in accordance with regulations promulgated by the commissioner
and approved by the director of the budget.
(2) The school district in which each such child resided at the time
the office for people with developmental disabilities assumed
responsibility for the support and maintenance of such child shall
reimburse the department for its expenditures on behalf of such child,
in an amount equal to the school district basic contribution as such
term is defined in subdivision eight of section forty-four hundred one
of this chapter, for any such child admitted to a state school for
individuals with developmental disabilities on or after July first,
nineteen hundred seventy-eight. The comptroller may deduct from any
state funds which become due to a school district an amount equal to the
reimbursement required to be made by such school district in accordance
with this paragraph and the amount so deducted shall not be included in
the approved operating expense of such district for the purpose of
computing the approved operating expenses pursuant to paragraph t of
subdivision one of section thirty-six hundred two of this chapter.
d. (1) Children who reside in an intermediate care facility for
individuals with developmental disabilities, other than a state operated
school for individuals with developmental disabilities, as defined in
regulations of the office for people with developmental disabilities,
shall be admitted to the public schools, except as otherwise provided in
subparagraph fourteen of this paragraph. The trustees or board of
education of the school district in which such facility is located shall
receive such children in the school or schools of the district for
instruction and for the provision of necessary related services for a
compensation to be fixed by the trustees or board of education, unless
such trustees or board of education shall establish to the satisfaction
of the commissioner that there are valid and sufficient reasons for
refusal to receive such children. Evaluation of the educational needs of
such children and placement in appropriate educational programs shall be
made in accordance with article eighty-nine of this chapter.
(2) A child who resides in an individualized residential alternative
as defined in regulations of the office for people with developmental
disabilities which is located in a school district other than the school
district in which such child's parent or person in parental relation
resided at the time such child was placed in an institution under the
auspices of such office shall be deemed to reside in an intermediate
care facility for purposes of this subdivision to the extent such child
is enrolled in a home and community based waiver program approved by the
Health Care Financing Administration.
(3) Such intermediate care facility is authorized to contract with the
trustees or board of education of such school district for the provision
of services, including transportation.
(4) The education department shall reimburse the school district in
which such intermediate care facility is located for the full cost of
all services, which shall, notwithstanding any inconsistent provision of
law, include transportation services provided pursuant to a contract
authorized by this paragraph. Provided, however, that notwithstanding
any other law, rule or regulation to the contrary, that no reimbursement
shall be payable pursuant to this subparagraph for due process costs
incurred on or after July first, two thousand nine. Such reimbursement
shall be for the period from September first through June thirtieth, and
state reimbursement for July and August programs shall be in accordance
with subdivision one of section forty-four hundred eight of this
chapter. The provisions of subdivision two of such section forty-four
hundred eight shall apply to all July and August programs provided
pursuant to this section.
(5) The school district in which the child resided at the time of
placement in such intermediate care facility shall reimburse the

education department for its expenditure on behalf of such child in an
amount equal to the school district's basic contribution, as such term
is defined in subdivision eight of section forty-four hundred one of
this article for any child first admitted to such intermediate care
facility, on or after July first, nineteen hundred seventy-nine.
(6) Upon certification by the commissioner of education, the
comptroller may deduct from any state funds which become due to the
school district an amount equal to the reimbursement required to be made
by such school district in accordance with this paragraph, and the
amount so deducted shall not be included in the operating expense of
such district for the purpose of computing the approved operating
expenses pursuant to paragraph t of subdivision one of section
thirty-six hundred two of this article.
(7) Within forty-five days of the placement of a child in a school
district, the intermediate care facility shall notify the school
district in which the child resided at time of entrance to the
intermediate care facility and the school district in which the facility
is located. Such notice shall include the name of the child, the
location of the intermediate care facility, and the name of the school
district in which such child resided at the time of placement.
(8) A board of education of a school district which receives
notification that a child has been placed in an intermediate care
facility for individuals with developmental disabilities may deny
financial responsibility for any child by written notice within twenty
days of such notification to the school district furnishing instruction
and the intermediate care facility.
(9) An intermediate care facility responsible for placing the child,
the school district furnishing instruction or the parent or guardian of
the child involved may appeal a denial of responsibility to the
commissioner of education. If the commissioner finds that the child was
not a resident of the school district that was notified that the child
was a resident therein, the commissioner shall request the intermediate
care facility to ascertain the correct school district and notify such
school district pursuant to subparagraph six of this paragraph. The
commissioner shall review and determine responsibility for the child in
question. If the commissioner finds that a child has no residence in
this state, he shall determine that there is no local contribution for
such child.
(10) If the intermediate care facility fails to make a reasonable
effort to identify the residence of such a child, such agency shall be
responsible for the local contribution and, upon notification by the
commissioner of education, shall pay such amount to the commissioner of
education.
(11) If the intermediate care facility rejects the finding of the
committee on special education of the school district of attendance, or
a finding affirmed or revised on appeal, such facility shall retain
responsibility for payment of the cost of instruction of such child.
(12) Any final determination or order of the commissioner concerning
residence or placement of any child under this paragraph may only be
reviewed in a proceeding brought in the supreme court pursuant to
article seventy-eight of the civil practice law and rules. In any such
proceeding, the court may grant any relief authorized by the provisions
of section seventy-eight hundred six of such law and rules or may, in
its discretion, remand the proceedings to the commissioner. An
intermediate care facility attempting to place a child pursuant to this
paragraph shall be considered a proper party to any such proceeding.
(13) The school district providing educational services to children
placed pursuant to this paragraph shall provide a report on the status

of each such child with a handicapping condition annually to the
committee on special education of the school district in which the child
resided at the time of admission to the intermediate care facility for
individuals with developmental disabilities. Such report shall also be
sent to the parent or guardian of the child and the office for people
with developmental disabilities.
(14) The board of education responsible for providing appropriate
educational services for a child receiving care in an intermediate care
facility developed pursuant to the residential school bed development
program, as authorized by chapter fifty-four of the laws of nineteen
hundred eighty-five or any subsequent enactment extending such program,
shall be the board of education of the school district in which such
child would be deemed to reside but for such child's placement in such
an intermediate care facility. The department shall reimburse such
school district of residence for all nonfederally reimbursable costs of
such educational services in accordance with subparagraph four of this
paragraph as if such district were the school district in which the
intermediate care facility is located, and such school district of
residence shall be responsible for reimbursement of the department for
its expenditure on behalf of the child in an amount equal to the school
district basic contribution, as defined in subdivision eight of section
four thousand four hundred one of this chapter. The comptroller may
deduct the amount of such reimbursement from any state funds due the
district in the manner prescribed in subparagraph six of this paragraph.
e. Notwithstanding the provisions of paragraph a of subdivision five
of section thirty-six hundred four of this chapter, the commissioner
shall be authorized to grant a waiver excusing the late filing of claims
submitted for costs incurred pursuant to this subdivision, upon findings
that the school district has submitted a timely request for a waiver and
has submitted proof satisfactory to the commissioner that the delay in
filing was caused by a party other than the school district. A request
for such a waiver, together with all supporting documentation, shall be
submitted to the commissioner within sixty days after the date on which
this paragraph was enacted, or within fourteen months after the end of
the school year in which services were provided pursuant to this
subdivision, whichever is later.
6. Except as provided in subdivision five of this section or by
article eighty-one of this chapter, children cared for in a hospital or
other institution for the care, custody and treatment of children, other
than a school and excepting children of the officers and employees of
such hospital or institution, shall not, by reason of their presence in
such hospital or institution, be deemed to be residents of the school
district in which such hospital or institution is located. The trustees
or board of education of the school district of their residence shall
provide educational services for such children. Such services may be
provided by a tutor employed by the district, by contract with a school
connected with such hospital or institution, or by contract with the
local public school district in which such hospital or institution is
located. Such contracts shall be limited to the cost of educational
services and shall not include maintenance or medical services.
Provided, however, if such children are supported and maintained at the
expense of a social services district, the cost of said instruction
shall be paid by the social services district which is liable for
payment of the cost of their support and maintenance. In the case of
hospitals or institutions located in the state of New York, the trustees
or board of education of a school district in which such a hospital or
institution is located shall receive such children in the school or
schools of the district for instruction for a compensation to be fixed

by the trustee or board of education, unless such trustees or board of
education shall establish to the satisfaction of the commissioner of
education that there are valid and sufficient reasons for refusal to
receive such children.
6-a. Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children and family
services shall be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education with
the trustees or board of education of the school district wherein a
facility for the residential care of such youth is located or with the
board of cooperative educational services at which any such school
district is a component district for special education programs, related
services and career and technical education services and music, art and
foreign language programs in accordance with subparagraph eight of
paragraph (h) of subdivision four of section nineteen hundred fifty of
this chapter. A youth attending a local public school while in residence
at such facility shall be deemed a resident of the school district where
his parent or guardian resides at the commencement of each school year
for the purpose of determining which school district shall be
responsible for the youth's tuition pursuant to section five hundred
four of the executive law.
7. Youth incarcerated in county correctional facilities or youth
shelters. a. A person under twenty-one years of age who has not received
a high school diploma and who is incarcerated in a correctional facility
maintained by a county or by the city of New York or in a youth shelter
is eligible for educational services pursuant to this subdivision and in
accordance with the regulations of the commissioner. Such services shall
be provided by the school district in which the facility or youth
shelter is located, within the limits of the funds allocated by the
commissioner for such purposes pursuant to section thirty-six hundred
two of this chapter and pursuant to a plan approved by the commissioner.
School districts shall submit such plan by July fifteenth of each school
year. Boards of education are authorized to contract for the provision
of such educational services by a board of cooperative educational
services or by another public school district.
b. Except as otherwise provided in this paragraph, the school district
in which the child resided at the time of the child's commitment to the
custody of the sheriff or local commissioner of corrections or youth
shelter shall reimburse the education department for its expenditure for
the full time equivalent attendance of such child pursuant to
subdivision thirteen of section thirty-six hundred two of this chapter
on behalf of such child, in an amount equal to the product of such full
time equivalent attendance and the school district basic contribution,
as such term is defined in subdivision eight of section forty-four
hundred one of this chapter, provided, however, that such basic
contribution shall be multiplied by the full time equivalent attendance
multiplied by one hundred twenty per centum for such children attending
programs which operate between July first and June thirtieth. If at the
applicable time specified in this paragraph a school district other than
the school district in which the child resides is responsible for the
cost of instruction of the child or for reimbursement of the state for
its expenditure on behalf of the child pursuant to any provision of this
chapter, then such other school district shall be responsible for
reimbursement of the education department in accordance with this
paragraph. Upon certification by the commissioner, the comptroller shall
deduct from any state funds which become due to a school district an
amount equal to the reimbursement required to be made by such school
district in accordance with this paragraph, and the amount so deducted

shall not be included in the operating expense of such district for the
purpose of computing the approved operating expense pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter.
c. After admission of a child eligible for educational services
pursuant to this subdivision, but within a time prescribed by the
commissioner in regulations, the correctional facility maintained by the
county or the city of New York shall furnish such child with information
concerning the availability of such educational services and shall
submit a request for educational services to the school district in
which the facility is located. Such request shall conform to
requirements prescribed by the commissioner by regulation in
consultation with the state commission of correction and shall include,
but shall not be limited to, notice of: the name of the child, the name
and location of the facility in which such child is incarcerated, the
last grade completed by the child as reported by the child, the
anticipated duration of the incarceration and the last known residence
of such child at the time of the child's commitment to custody. The
school district in which the facility is located shall notify other
appropriate agencies, including, but not limited to, the education
department and the school district identified as being responsible for
the educational costs of such child pursuant to paragraph b of this
subdivision, that such a request for educational services has been
received. The commissioner shall promulgate regulations specifying the
time within which such notice shall be provided and the contents of such
notice, and establishing a procedure by which a school district may
request the commissioner to review its identification as the school
district responsible for the educational costs of such child.
d. Upon release or discharge of a child eligible for educational
services pursuant to this subdivision, the correctional facility shall
apprise such child that further educational services may be available
pursuant to this section through the school district in which the child
resides or in which the child is otherwise entitled to attend school,
and shall, at the request of the student, notify such district of the
child's desire to enroll in such district.
e. The state commission of correction shall promulgate rules and
regulations in consultation with the commissioner which shall require
each correctional facility operated by a county or the city of New York
to cooperate with the school district or board of cooperative
educational services providing educational services and to comply with
the requirements of this subdivision.
f. As used in this subdivision, "youth shelter" shall mean an
alternative residential facility for the incarceration of youths between
the ages of sixteen and twenty-one who are remanded by the criminal
courts.
8. Homeless children. A homeless child, as defined in subdivision one
of section thirty-two hundred nine of this article, over the age of five
and under twenty-one years of age, who has not received a high school
diploma, shall be entitled to attend a public school without the payment
of tuition, in accordance with the provisions of section thirty-two
hundred nine of this article.