Meeting of the Board of Regents | March 2008

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:	February 27, 2008
STRATEGIC GOAL:	Goal 4
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Discussion

 

Should the Board of Regents amend section 100.2(x)(1)(vi) of the Commissioner's Regulations to clarify the definition of "unaccompanied youth"?

 

Reason(s) for Consideration

 

Compliance with State and Federal law.

             

Proposed Handling

 

The question will come before the Regents EMSC-VESID Committee for discussion in March and will be submitted for approval at the May Regents meeting.

 

Procedural History

 

Not applicable.

 

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 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 will be published in the State Register on February 27, 2008. 

 

Recommendation

 

It is recommended that the Regents EMSC-VESID Committee reach consensus on the intent of the proposed amendment prior to taking action at the May Regents meeting.

 

Timetable for Implementation

 

It is anticipated that the proposed rule will be submitted to the Board of Regents for adoption at the May Regents meeting, with an effective date of 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)  .   .   .

              (c)  .   .   .