§ 3209. Education of homeless children. 1. Definitions.\n a. Homeless child. For the purposes of this article, the term\n"homeless child" shall mean:\n (1) a child or youth who lacks a fixed, regular, and adequate\nnighttime residence, including a child or youth who is:\n (i) sharing the housing of other persons due to a loss of housing,\neconomic hardship or a similar reason;\n (ii) living in motels, hotels, trailer parks or camping grounds due to\nthe lack of alternative adequate accommodations;\n (iii) abandoned in hospitals; or\n (iv) a migratory child, as defined in subsection two of section\nthirteen hundred nine of the Elementary and Secondary Education Act of\n1965, as amended by the Every Student Succeeds Act of 2015, who\nqualifies as homeless under any of the provisions of clauses (i) through\n(iii) of this subparagraph or subparagraph two of this paragraph;\n (v) an unaccompanied youth, as defined in section seven hundred\ntwenty-five of subtitle B of title VII of the McKinney-Vento Homeless\nAssistance Act; or\n (2) a child or youth who has a primary nighttime location that is:\n (i) a supervised publicly or privately operated shelter designed to\nprovide temporary living accommodations including, but not limited to,\nshelters operated or approved by the state or local department of social\nservices, and residential programs for runaway and homeless youth\nestablished pursuant to article nineteen-H of the executive law; or\n (ii) a public or private place not designed for, or ordinarily used\nas, a regular sleeping accommodation for human beings, including a child\nor youth who is living in a car, park, public space, abandoned building,\nsubstandard housing, bus or train stations or similar setting.\n a-1. Exception. For the purposes of this article the term "homeless\nchild" shall not include a child in a foster care placement or receiving\neducational services pursuant to subdivision four, five, six, six-a or\nseven of section thirty-two hundred two of this part or pursuant to\narticle eighty-one, eighty-five, eighty-seven or eighty-eight of this\nchapter.\n b. Designator. The term "designator" shall mean:\n (1) the parent or the person in parental relation to a homeless child;\nor\n (2) the homeless child, if no parent or person in parental relation is\navailable; or\n (3) the director of a residential program for runaway and homeless\nyouth established pursuant to article nineteen-H of the executive law,\nin consultation with the homeless child, where such homeless child is\nliving in such program.\n c. School district of origin. The term "school district of origin"\nshall mean the school district within the state of New York in which the\nhomeless child was attending a public school or preschool on a\ntuition-free basis or was entitled to attend when circumstances arose\nwhich caused such child to become homeless, which is different from the\nschool district of current location. School district of origin shall\nalso mean the school district in the state of New York in which the\nchild was residing when circumstances arose which caused such child to\nbecome homeless if such child was eligible to apply, register, or enroll\nin public preschool or kindergarten at the time such child became\nhomeless, or the homeless child has a sibling who attends a school in\nthe school district in which the child was residing when circumstances\narose which caused such child to become homeless.\n d. School district of current location. The term "school district of\ncurrent location" shall mean the public school district within the state\nof New York in which the hotel, motel, shelter or other temporary\nhousing arrangement of a homeless child, or the residential program for\nrunaway and homeless youth, is located, which is different from the\nschool district of origin.\n e. Regional placement plan. The term "regional placement plan" shall\nmean a comprehensive regional approach to the provision of educational
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