N.Y. Education Law § 3202: Public schools free to resident pupils; tuition from nonresident pupils

§ 3202. Public schools free to resident pupils; tuition from

nonresident pupils. 1. A person over five and under twenty-one years of

age who has not received a high school diploma is entitled to attend the

public schools maintained in the district in which such person resides

without the payment of tuition. Provided further that such person may

continue to attend the public school in such district in the same

manner, if temporarily residing outside the boundaries of the district

when relocation to such temporary residence is a consequence of such

person's parent or person in parental relationship being called to

active military duty, other than training. Notwithstanding any other

provision of law to the contrary, the school district shall not be

required to provide transportation between a temporary residence located

outside of the school district and the school the child attends. A

veteran of any age who shall have served as a member of the armed forces

of the United States and who (a) shall have been discharged therefrom

under conditions other than dishonorable, or (b) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (c) is a discharged LGBT veteran, as defined in section

one of the veterans' services law, and has received a discharge other

than bad conduct or dishonorable from such service, may attend any of

the public schools of the state upon conditions prescribed by the board

of education, and such veterans shall be included in the pupil count for

state aid purposes. A nonveteran under twenty-one years of age who has

received a high school diploma shall be permitted to attend classes in

the schools of the district in which such person resides or in a school

of a board of cooperative educational services upon payment of tuition

under such terms and conditions as shall be established in regulations

promulgated by the commissioner; provided, however, that a school

district may waive the payment of tuition for such nonveteran, but in

any case such a nonveteran who has received a high school diploma shall

not be counted for any state aid purposes. Nothing herein contained

shall, however, require a board of education to admit a child who

becomes five years of age after the school year has commenced unless his

or her birthday occurs on or before the first of December.

1-a. No pupil over the compulsory attendance age in his or her school

district shall be dropped from enrollment unless he or she has been

absent twenty consecutive school days and the following procedure is

complied with: The principal or superintendent shall schedule and

notify, in writing and at the last known address, both the student and

the person in parental relation to the student of an informal

conference. At the conference the principal or superintendent shall

determine both the reasons for the pupil's absence and whether

reasonable changes in the pupil's educational program would encourage

and facilitate his or her re-entry or continuance of study. The pupil

and the person in parental relation shall be informed orally and in

writing of the pupil's right to re-enroll at any time in the public

school maintained in the district where he or she resides, if otherwise

qualified under this section. If the pupil and the person in parental

relationship fail, after reasonable notice, to attend the informal

conference, the pupil may be dropped from enrollment provided that he or

she and the person in parental relation are notified in writing of the

right to re-enter at any time, if otherwise qualified under this

section.

2. Nonresidents of a district, if otherwise competent, may be admitted

into the school or schools of a district or city, upon the consent of

the trustees or the board of education, upon terms prescribed by such

trustees or board.

3. The school authorities of a district or city must deduct from the

tuition of a nonresident pupil, whose parent or guardian owns property

in such district or city and pays a tax thereon for the support of the

schools maintained in such district or city, the amount of such tax.

4. a. Definitions. For purposes of this subdivision only, the

following definitions shall apply.

(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.