§ 3244. Education of children in foster care. 1. Definitions. For\npurposes of this section only, the following definitions shall apply:\n a. Child or youth in foster care. For the purposes of this article,\nthe term "child or youth in foster care" shall mean a child who is in\nthe care and custody or custody and guardianship of a local commissioner\nof social services or the commissioner of the office of children and\nfamily services.\n b. School district of origin. The term "school district of origin"\nshall mean the school district within the state of New York in which the\nchild or youth in foster care was attending a public school or preschool\non a tuition-free basis or was entitled to attend at the time of\nplacement into foster care when the social services district or the\noffice of children and family services assumed care and custody or\ncustody and guardianship of such child or youth, which is different from\nthe school district of residence.\n c. School district of residence. The term "school district of\nresidence" shall mean the public school district within the state of New\nYork in which the foster care placement is located, which is different\nfrom the school district of origin.\n d. Feeder school. The term "feeder school" shall mean:\n (1) a preschool whose students are entitled to attend a specified\nelementary school or group of elementary schools upon completion of that\npreschool;\n (2) a school whose students are entitled to attend a specified\nelementary, middle, intermediate, or high school or group of specified\nelementary, middle, intermediate, or high schools upon completion of the\nterminal grade of such school; or\n (3) a school that sends its students to a receiving school in a\nneighboring school district pursuant to section two thousand forty of\nthis chapter.\n e. Preschool. The term "preschool" shall mean a publicly funded\npre-kindergarten program administered by the department or a local\neducational agency or a Head Start program administered by a local\neducational agency and/or services under the Individuals with\nDisabilities Education Act administered by a local educational agency.\n f. Receiving school. The term "receiving school" shall mean:\n (1) a school that enrolls students from a specified or group of\npreschools, elementary schools, middle schools, intermediate schools, or\nhigh schools; or\n (2) a school that enrolls students from a feeder school in a\nneighboring local educational agency pursuant to section two thousand\nforty of this chapter.\n g. School of origin. The term "school of origin" shall mean a public\nschool that a child or youth attended at the time of placement into\nfoster care, or the school in which the child or youth was last\nenrolled, including a preschool or a charter school. Provided that, for\na child or youth in foster care who completes the final grade level\nserved by the school of origin, the term "school of origin" shall\ninclude the designated receiving school at the next grade level for all\nfeeder schools. Where the child is eligible to attend school in the\nschool district of origin because the child was placed in foster care\nafter such child is eligible to apply, register, or enroll in the public\npreschool or kindergarten or the child is living with a school-age\nsibling who attends school in the school district of origin, the school\nof origin shall include any public school or preschool in which such\nchild would have been entitled or eligible to attend based on such\nchild's last residence before the circumstances arose which caused such\nchild to be placed in foster care.\n 2. Choice of district and school. a. Notwithstanding any other\nprovision of law to the contrary, the social services district, in\nconsultation with the appropriate local educational agency or agencies,\nshall designate either the school district of origin or the school\ndistrict of residence within which the child in foster care shall be\nentitled to
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