N.Y. Education Law § 3304: Educational records and enrollment

§ 3304. Educational records and enrollment. 1. In the event that

official education records cannot be released to the parents for the

purpose of transfer, the custodian of the records in the sending state

shall prepare and furnish to the parent a complete set of unofficial

educational records, to the extent feasible, and using any template

developed by the interstate commission. Upon receipt of the unofficial

education records by a school in the receiving state, the school shall

enroll and appropriately place the student based on the information

provided in the unofficial records pending validation by the official

records, as quickly as possible.

2. Simultaneous with the enrollment and conditional placement of the

student, the school in the receiving state shall request the student's

official education record from the school in the sending state. Upon

receipt of this request, the school in the sending state will process

and furnish the official education records to the school in the

receiving state within ten days or within such time as is reasonably

determined under the rules promulgated by the interstate commission.

3. Notwithstanding any provisions of subdivision seven of section

twenty-one hundred sixty-four of the public health law to the contrary,

compacting states shall give thirty days from the date of enrollment or

within such time as is reasonably determined under the rules promulgated

by the interstate commission, for students transferring from a school in

a sending state to obtain any immunizations required by the receiving

state. For a series of immunizations, initial vaccinations must be

obtained within thirty days or within such time as is reasonably

determined under the rules promulgated by the interstate commission.

4. For purposes of ensuring a smooth educational transition, students

transferring from a local educational agency in a sending state shall

initially be allowed to continue their enrollment at grade level in the

receiving state commensurate with their grade level from a local

educational agency in the sending state at the time of transition,

regardless of age. A student that has satisfactorily completed the

prerequisite grade level in the local educational agency in the sending

state shall initially be eligible for enrollment in the next highest

grade level in the receiving state, regardless of age. A student

transferring after the start of the school year in the receiving state

shall enter the school in the receiving state on their validated level

from an accredited school in the sending state. Nothing in this

subdivision shall prohibit a local educational agency in the receiving

state from performing subsequent evaluations to ensure appropriate

placement of the student.