N.Y. EDN Law § 3306

§ 3306. Eligibility. 1. (a) When properly executed under applicable\nlaw, a special power of attorney, relative to the guardianship of a\nmilitary child, shall be considered sufficient for the sole purpose of\nestablishing residency of a transferring student into a local\neducational agency and for all other actions in the local educational\nagency requiring parental participation and consent, for the duration of\nthe guardianship. For students attending school in New York, a special\ndesignation of person in parental relation pursuant to title fifteen-A\nof article five of the general obligations law, in the form prescribed\nin paragraph (b) of this subdivision, shall constitute a special power\nof attorney for such purpose, provided that notwithstanding any other\nprovision of law to the contrary, such delegation shall remain in effect\nuntil revoked or the child re-establishes residence with a parent.\n (b) A local educational agency shall be prohibited from charging local\ntuition to a transitioning military child placed in the care of a\nnon-custodial parent or other person standing in loco parentis with a\nspecial designation of person in parental relation pursuant to title\nfifteen-A of article five of the general obligations law and this\nparagraph who lives in a jurisdiction other than that of the custodial\nparent. The special designation of person in parental relation shall be\nin the form prescribed by section 5-1552 of the general obligations law,\nexcept that it shall clearly identify the student as a transitioning\nmilitary child and shall provide that the designation shall continue in\neffect until revoked or the child re-establishes residence with a\nparent. Notwithstanding any provisions of law to the contrary, such\ndesignation shall not be for a fixed period and shall result in a change\nin the school district of residence for purposes of this chapter to the\nschool district in which the designee resides.\n (c) A transitioning military child, placed in the care of a\nnon-custodial parent or other person standing in loco parentis who lives\nin a jurisdiction other than that of the custodial parent, may continue\nto attend the school within New York in which he or she was enrolled\nwhile residing with the custodial parent until the child completes the\nhighest grade level in such school. Nothing in this paragraph shall be\nconstrued to require a local educational agency to provide\ntransportation services to such student while residing outside of the\ndistrict for distances greater than the maximum transportation limit\nestablished under school district policy.\n 2. State and local educational agencies shall facilitate the\nopportunity for transitioning military children's inclusion in\nextracurricular activities, regardless of application deadlines, to the\nextent they are otherwise qualified.\n