(1) As used in this subdivision:

(i) Homeless child means:

(a) a child who lacks a fixed, regular, and adequate nighttime residence; or

(b) a child who has a primary nighttime location that is:

(1) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the State or local department of social services, and residential programs for runaway and homeless youth established pursuant to article 19-H of the Executive Law; or

(2) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;

(c) the term homeless child shall not include a child in foster care or receiving educational services pursuant to Education law section 3202(4), (5), (6), (6a) or (7) or pursuant to article 81, 85, 87 or 88.

(ii) Designator means:

(a) the parent or person in parental relation to a homeless child; or

(b) the homeless child, if no parent or person in parental relation is available; or

(c) the director of a residential program for runaway and homeless youth established pursuant to article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program.

(iii) School district of origin means the school district within the State of New York in which the homeless child was attending a public school on a tuition-free basis or was entitled to attend when circumstances arose which caused such child to become homeless, which is different from the school district of current location.

(iv) School district of current location means the public school district within the State of New York in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin.

(v) Regional placement plan means a comprehensive regional approach to the provision of educational placements for homeless children which has been approved by the commissioner.

(2) Choice of district.

(i) The designator shall have the right to designate one of the following as the school district within which a homeless child shall be entitled to attend upon instruction:

(a) the school district of current location;

(b) the school district of origin; or

(c) a school district participating in a regional placement plan.

(ii) Where the school district in which a homeless child is temporarily housed is the same district the child attended on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless, the child shall be entitled to attend the schools of such district without the payment of tuition. In lieu of attending the school serving the attendance zone in which the child is temporarily relocated, such child may choose to remain in the public school building he or she previously attended until the end of the school year and for one additional year if that year constitutes the child's terminal year in such building.

(iii) A homeless child who designates the school district of current location as the district of attendance and who relocates to another temporary housing arrangement outside of such district, or to a different attendance zone or community school district within such district, shall be entitled to maintain the prior designation to continue attendance in the same school building until the end of the school year and for one additional year if the year constitutes the child's terminal year in such building.

(iv) Where the public school or school district a homeless child was attending on a tuition-free basis or was entitled to attend when circumstances arose which caused the child to become homeless is located outside the State, the homeless child shall be deemed a resident of the school district in which the child is temporarily located and shall be entitled to attend the schools of such district without payment of tuition. Such district of residence shall not be considered the school district of origin or the school district of current location for purposes of this section.

(v) Whenever the school district of origin is designated, the child shall be entitled to return to the school building where previously enrolled. Whenever the school district of current location is designated, the child shall be entitled to attend the school that is zoned for his or her temporary location or any school that nonhomeless students who live in the same attendance zone in which the homeless child or youth is temporarily residing are entitled to attend.

(vi) Prior to the end of the first semester of attendance or within 60 days of commencing attendance at a school pursuant to the designation made in accordance with this subdivision whichever occurs later, the designator may change the designation if the designator finds the original designation to be educationally unsound.

(3) A designation form provided by the commissioner shall be completed by the appropriate designator as defined in subparagraph (l)(ii) of this subdivision. Such form shall be completed in full. All school districts, temporary housing facilities operated or approved by a local social services district, and residential facilities for runaway and homeless youth shall make such forms available to a homeless child who seeks admission to school or to the parent or person in parental relation who seeks to enroll such child in school.

(i) Where the homeless child is located in a temporary housing facility operated or approved by a local social services district or a residential facility for runaway and homeless youth, the director of the facility or a person designated by the social services districts, shall, within two business days of entry into such facilities, assist the designator to ensure that the form is properly completed and assist the child, where necessary, to enroll in the designated school district.

(ii) Where a parent or person in parental relation or a child who is neither placed in a temporary housing facility by the local department of social services nor housed in a residential program for runaway homeless youth established pursuant to article 19-H of the Executive Law, designates the school district of current location, the school district shall forward to the department a completed designation form and a statement of the basis for its determination that the child is a homeless child entitled to attend the schools of the district.

(4) Upon receipt of a designation form, the designated school district shall immediately:

(i) review the designation form to assure that it has been completed;

(ii) admit the homeless child;

(iii) provide the child with access to all of its programs, activities and services to the same extent as they are provided to resident students;

(iv) make a written request to the school district where the child's records are located for a copy of such records; and

(v) forward the designation form to the commissioner, and the school district of origin, where applicable.

(5) Within five days of the receipt of a request for school records, the school district shall forward a complete copy of the homeless child's records including, but not limited to, proof of age, academic records, evaluations, immunization records, and guardianship papers, if applicable.

(6) Any homeless child not entitled to receive transportation pursuant to Education Law, section 3209(4) from the Department of Social Services or from the Division for Youth, to the extent funds are provided for such purpose as determined by the director of the budget, shall be transported by the designated school district.

(i) The designated school district shall provide or arrange in the most cost-effective manner for transportation to and from the child's temporary housing location and the school the child legally attends.

(ii) Where such transportation is in excess of 50 miles one way, such transportation shall only be provided where the commissioner certifies that such transportation is in the best interest of the child.

(iii) Where a homeless child designates the school district of current location as the district the child will attend, such district shall provide transportation to such child on the same basis provided to resident students.

(iv) If a homeless child chooses to continue attendance in the public school building where he or she previously attended pursuant to subparagraph (2)(ii) or (iii) of this subdivision, the school district shall provide transportation to and from the child's temporary housing location and the school the child legally attends if such temporary housing is located in a different attendance zone or community school district within such district.

(v) Expenditures for the transportation of a parent accompanying a transported homeless child shall be eligible for transportation aid pursuant to section 3602(7) of the Education Law under the following circumstances:

(a) where the homeless child is being transported using public transportation, transportation of the child with an accompanying parent has been determined by the school district responsible for transporting the child to be the most cost-effective means of transportation, and the school district has determined that public transportation unaccompanied by the parent is inappropriate because of the child's age, the distance to be traveled, the complexity of the transportation arrangement, the need to transport the child through a high crime area, or a combination of such factors; or

(b) where the homeless child is a student with a disability whose individualized education program (IEP) includes the services of a transportation aide or attendant, and providing transportation with the parent serving as the transportation aide or attendant for the child is the most cost-effective means of transportation; or

(c) where transportation by the parent in the parent's vehicle is the most cost-effective means of transportation.

(vi) For purposes of determining the maximum amount of aidable transportation expense of regular transportation for a homeless child pursuant to section 3209(4)(c) of the Education Law, the transportation service provider or school district shall demonstrate that the costs of such transportation are based on an appropriate unit cost determined by dividing the grand total of transportation expenditures for the preceding school year of all regular transportation services provided to students of the district by the service provider or school district by the number of vehicles, passengers, miles traveled or other appropriate transportation service units represented by all such transportation services.