Meeting of the Board of Regents | May 2008

Friday, May 30, 2008 - 11:00pm

sed seal

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner Relating to the Education of Homeless Children
DATE:	April 30, 2008
STRATEGIC GOAL:	Goal 4
AUTHORIZATION(S):

SUMMARY

Issue for Decision (Consent Agenda)

Should the Board of Regents amend section 100.2(x)(1)(vi) of the Commissioner's Regulations to clarify the definition of "unaccompanied youth" and amend section 100.2(x)(7)(ii) to clarify school district's' responsibilities regarding disputes concerning transportation or status of a homeless child or youth?

Reason(s) for Consideration

Compliance with State and Federal law.

Proposed Handling

The question will come before the Regents EMSC Committee for approval at the May Regents meeting.

Procedural History

The proposed amendment was discussed by the Committee at its March meeting.

Background Information

The proposed amendment is necessary to clarify the definition of "unaccompanied youth" in the Commissioner's Regulations and Subtitle B of Title VII of the federal McKinney-Vento Homeless Education Assistance Act (42 U.S.C. sections 11431 et seq.), as amended, in order to resolve concerns among school districts as to when a student should be considered a homeless unaccompanied youth under State and federal law. The proposed amendment also clarifies that disputes regarding transportation or a child's status as a homeless child or unaccompanied youth are includable as disputes that are subject to prompt resolution procedures in accordance with 42 U.S.C. section 11432(g)(3)(E). The State and school districts are required to comply with the requirements of the McKinney-Vento Act as a condition to their receipt of federal funds.

A Notice of Proposed Rule Making was published in the State Register on February 27, 2008.

Recommendation

Staff recommend that the Regents take the following action:

VOTED: That subparagraph (vi) of paragraph (1) and subparagraph (ii) of paragraph (7) of subdivision (x) of section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 12, 2008

Timetable for Implementation

Upon adoption, the proposed amendment will take effect on June 12, 2008.

Attachment

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 215, 305, 3202, 3209 and 3713

1. Subparagraph (vi) of paragraph (1) of subdivision (x) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective June 12, 2008, as follows:

(vi) unaccompanied youth means a homeless child [ for whom no parent or person in parental relation is available ] or youth not in the physical custody of a parent or legal guardian. The term unaccompanied youth shall not include a child or youth who is residing with someone other than a parent or legal guardian for the sole reason of taking advantage of the schools of the district.

2. Subparagraph (ii) of paragraph (7) of subdivision (x) of section 100.2 of the Regulations of the Commissioner of Education is amended, effective June 12, 2008, as follows:

(ii) Dispute resolution. Each school district shall:

(a) establish procedures, in accordance with 42 U.S.C. section 11432(g)(3)(E), for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth (Public Law 107-110, title X, section 1032, 115 STAT. 1998; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234), including, but not limited to, disputes regarding transportation and/or a child's or youth's status as a homeless child or unaccompanied youth;

(b) . . .