3304. Educational records and enrollment. 1. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records, to the extent feasible, and using any template developed by the interstate commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.
2. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
3. Notwithstanding any provisions of subdivision seven of section twenty-one hundred sixty-four of the public health law to the contrary, compacting states shall give thirty days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the interstate commission, for students transferring from a school in a sending state to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
4. For purposes of ensuring a smooth educational transition, students transferring from a local educational agency in a sending state shall initially be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level from a local educational agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local educational agency in the sending state shall initially be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state. Nothing in this subdivision shall prohibit a local educational agency in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
Last modified: February 3, 2019