N.Y. Education Law § 3306: Eligibility

§ 3306. Eligibility. 1. (a) When properly executed under applicable

law, a special power of attorney, relative to the guardianship of a

military child, shall be considered sufficient for the sole purpose of

establishing residency of a transferring student into a local

educational agency and for all other actions in the local educational

agency requiring parental participation and consent, for the duration of

the guardianship. For students attending school in New York, a special

designation of person in parental relation pursuant to title fifteen-A

of article five of the general obligations law, in the form prescribed

in paragraph (b) of this subdivision, shall constitute a special power

of attorney for such purpose, provided that notwithstanding any other

provision of law to the contrary, such delegation shall remain in effect

until revoked or the child re-establishes residence with a parent.

(b) A local educational agency shall be prohibited from charging local

tuition to a transitioning military child placed in the care of a

non-custodial parent or other person standing in loco parentis with a

special designation of person in parental relation pursuant to title

fifteen-A of article five of the general obligations law and this

paragraph who lives in a jurisdiction other than that of the custodial

parent. The special designation of person in parental relation shall be

in the form prescribed by section 5-1552 of the general obligations law,

except that it shall clearly identify the student as a transitioning

military child and shall provide that the designation shall continue in

effect until revoked or the child re-establishes residence with a

parent. Notwithstanding any provisions of law to the contrary, such

designation shall not be for a fixed period and shall result in a change

in the school district of residence for purposes of this chapter to the

school district in which the designee resides.

(c) A transitioning military child, placed in the care of a

non-custodial parent or other person standing in loco parentis who lives

in a jurisdiction other than that of the custodial parent, may continue

to attend the school within New York in which he or she was enrolled

while residing with the custodial parent until the child completes the

highest grade level in such school. Nothing in this paragraph shall be

construed to require a local educational agency to provide

transportation services to such student while residing outside of the

district for distances greater than the maximum transportation limit

established under school district policy.

2. State and local educational agencies shall facilitate the

opportunity for transitioning military children's inclusion in

extracurricular activities, regardless of application deadlines, to the

extent they are otherwise qualified.