Relates to the responsibility for certain temporary-resident preschool children with disabilities

Summary

Clarifies the responsibility of school districts for certain temporary-resident preschool children with disabilities who are in foster care, are homeless or are in residential care.

Summary from NY Open Legislation. How we handle summaries

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Purpose, from the sponsor's memo

Section 1 of the bill amends section 4410-a of the Education Law titled responsibility for temporary-resident preschool children with disabili- ties. The definitions provided in subdivision one of such section are amended as follows: the terms "foster care child" and "homeless child" are renamed "child in foster care" and "child who is homeless," respec- tively; the definition of "municipality of current location" is rede- fined as a municipality in which a child lives which is difference from the municipality of origin; the term "municipality of residence" is renamed the "municipality of origin." Such definition is amended to provide that: for a child in foster care, the municipality within the state of New York in which a child or such child's parent or person in parental relation resided at the time of placement into foster care when the social services district assumed care and custody and guardianship of such child; for a child who is homeless, the municipality with the state of New York in which a child or such child's parent or person in parental relation resided when circumstances arose which cause such child to become homeless; and for a child in residential care, the muni- cipality within the state of New York in which a child or such child's parent or person in a parental relation resided at the time such child was admitted for care and/or treatment in a facility licensed or oper- ated by another state agency; the definition of the term "school district to current location" is redefined as a school district in which a child lives which is different from the school district of origin; the definition of the term "child in residential care" is amended to clarify that it applies to children residing in a facility, hospital or institu- tion licensed or operated by a state agency, other than the office of children and family services; and a definition for the term "school district of origin" is added and defined as the school district within the state of New York in which the child was attending a public preschool on a tuition-free basis or was entitled to attend, or would have been entitled to attend had the child been the eligible age to attend, at the time of placement into foster care for a child in foster care, or when circumstances arose which cause such child to become home- less for a child who is homeless, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency for a child in residential care. The school district evaluation and placement responsibility provision in subdivision two of such section is amended to provide that the school district of current location of a child in residential care is responsi- ble for the evaluation and placement of a preschool child suspected of having or who has a disability; the school district of origin or the school district of current location of a child in foster care designated pursuant to Education Law § 3244(2)(a) is responsible for the evaluation and placement of a preschool children suspected of having or 'who has a disability, subject to a best interest determination; and the school district of origin or the school district of current location of a child who is homeless designated pursuant to Education Law § 3209(2)is respon- sible for the evaluation and placement procedures for a preschool child suspected of having or who has a disability, subject to a best interest determination. The contract and payment responsibility provision in subdivision three of such section is amended to provide that the school district which is determined to be responsible for the evaluation and placement of such children shall be the municipality of record, provided however, that if the municipality of record is the municipality of current location, the state shall reimburse one hundred percent of the approved costs paid by such municipality, offset by the local contribution. The local contribution provision in subdivision fou

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

Education · New York State Assembly

Also referred to Education · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

Recorded votes

• Vote: Floor vote

  NY SenateMay 19, 2026Result: passed

  Voted yes (59)Voted no (0)Voted present (0)Absent (4)

  See member positions for the vote on May 19, 2026 (Floor vote)

• Vote: Committee vote · Education

  Senate EducationMay 5, 2026Result: passed

  Voted yes (15)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on May 5, 2026 (Committee vote · Education)

• Vote: Floor vote

  NY SenateJun 11, 2025Result: passed

  Voted yes (59)Voted no (0)Voted present (0)Absent (4)

  See member positions for the vote on Jun 11, 2025 (Floor vote)

• Vote: Committee vote · Rules

  Senate RulesJun 9, 2025Result: passed

  Voted yes (21)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on Jun 9, 2025 (Committee vote · Rules)

Full history

1. May 19, 2026

   Sent to the executive

   DELIVERED TO ASSEMBLY

   NY Senate

2. May 19, 2026

   Passed a chamber

   PASSED SENATE

   NY Senate

3. May 19, 2026

   Referred to committee

   REFERRED TO EDUCATION

   NY Assembly

4. May 7, 2026

   Advanced to Third Reading

   ADVANCED TO THIRD READING

   NY Senate

5. May 6, 2026

   2ND Report CAL.

   2ND REPORT CAL.

   NY Senate