Bill Text: NY A04807 | 2023-2024 | General Assembly | Introduced


Bill Title: Removes certain residential programs, residential facilities and child care institutions from the definition of the term "youth shelter" for purposes of the education of persons in youth shelters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to education [A04807 Detail]

Download: New_York-2023-A04807-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4807

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 23, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education law,  in  relation  to  the  education  of
          persons in youth shelters

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs b and f of subdivision 7 of section 3202 of  the
     2  education law, paragraph b as amended by section 27 of part B of chapter
     3  57  of  the  laws of 2007 and paragraph f as added by chapter 564 of the
     4  laws of 2001, are amended to read as follows:
     5    b. Except as otherwise provided in this paragraph, the school district
     6  in which the child resided at the time of the child's commitment to  the
     7  custody  of the sheriff or local commissioner of corrections or remanded
     8  to a youth shelter shall reimburse the [education]  department  for  its
     9  expenditure for the full time equivalent attendance of such child pursu-
    10  ant  to  subdivision  thirteen of section thirty-six hundred two of this
    11  chapter on behalf of such child, in an amount equal to  the  product  of
    12  such  full  time  equivalent  attendance  and  the school district basic
    13  contribution, as such term is defined in subdivision  eight  of  section
    14  forty-four  hundred  one  of  this chapter, provided, however, that such
    15  basic contribution shall be  multiplied  by  the  full  time  equivalent
    16  attendance multiplied by one hundred twenty per centum for such children
    17  attending  programs which operate between July first and June thirtieth.
    18  If at the applicable time specified in this paragraph a school  district
    19  other than the school district in which the child resides is responsible
    20  for  the  cost  of  instruction of the child or for reimbursement of the
    21  state for its expenditure  on  behalf  of  the  child  pursuant  to  any
    22  provision  of  this  chapter,  then  such other school district shall be
    23  responsible for reimbursement of the [education] department  in  accord-
    24  ance  with  this  paragraph. Upon certification by the commissioner, the
    25  comptroller shall deduct from any state funds  which  become  due  to  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09497-01-3

        A. 4807                             2

     1  school district an amount equal to the reimbursement required to be made
     2  by  such  school  district  in  accordance  with this paragraph, and the
     3  amount so deducted shall not be included in  the  operating  expense  of
     4  such  district  for  the  purpose  of  computing  the approved operating
     5  expense pursuant to paragraph t of subdivision one of section thirty-six
     6  hundred two of this chapter.
     7    f. As used in this subdivision, "youth shelter" shall mean an alterna-
     8  tive residential facility for the incarceration of  youths  between  the
     9  ages  of sixteen and twenty-one who are remanded by the criminal courts,
    10  provided that such term shall not include  residential  programs  estab-
    11  lished  pursuant  to  article  nineteen-G or nineteen-H of the executive
    12  law, a residential facility or group home operated, licensed  or  certi-
    13  fied  by  the  office  of  children and family services or its successor
    14  pursuant to such articles nineteen-G and nineteen-H,  or  a  child  care
    15  institution  as  defined in subdivision two of section four thousand one
    16  of this chapter.
    17    § 2. This act shall take effect immediately.
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