NY Educ L § 3305 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 66 - Interstate Compact on Educational Oppurtunity for Military Children 3305 - Placement and Attendance.

§ 3305. Placement and attendance. 1. When the student transfers before or  during  the  school year, the receiving state school shall initially honor placement of the student  in  educational  courses  based  on  the student's  enrollment  in  the  sending  state school and/or educational assessments conducted at the school in the sending state if the  courses are  offered  and  there  is  space available as determined by the local educational agency. Course placement includes  but  is  not  limited  to honors,  international  baccalaureate,  advanced  placement, vocational, technical and career  pathways  courses.  Where  the  local  educational agency  contracts  with  a  board of cooperative educational services to deliver such courses, the local educational  agency  and  the  board  of cooperative  educational services shall arrange to enroll the student in the applicable board of cooperative educational services  program  where there is space available. Continuing the student's academic program from the  previous  school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in  the  receiving  state  from  performing subsequent  evaluations  to  ensure  appropriate placement and continued enrollment of the student in the courses.   2. The receiving state school shall initially honor placement  of  the student in educational programs based on current educational assessments conducted  at the school in the sending state or participation/placement in like programs in the sending state, provided that the programs and/or courses exist and there is space available, as determined by  the  local educational  agency.  Such  programs  include,  but  are not limited to, gifted and talented programs and English as a second  language.  Nothing in  this  subdivision  shall  preclude the school in the receiving state from performing subsequent evaluations to ensure  appropriate  placement of the student.   3.  (a) In compliance with the federal requirements of the individuals with disabilities education act, 20 U.S.C.A. section 1400  et  seq,  the receiving state shall initially provide comparable services to a student with  disabilities  based on his or her current individualized education program; and  (b) In  compliance  with  the  requirements  of  section  504  of  the rehabilitation  act,  29  U.S.C.A. section 794, and with title II of the Americans with disabilities act, 42 U.S.C.A. sections  12131-12165,  the receiving  state  shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject  to an  existing  504  or  title  II plan, to provide the student with equal access to education. This does not preclude the school in the  receiving state  from  performing  subsequent  evaluations  to  ensure appropriate placement of the student.   4.  Local  educational  agency  administrative  officials  shall  have flexibility  in  waiving  course  or  program  prerequisites,  or  other preconditions for placement in courses or  programs  offered  under  the jurisdiction of the local educational agency.   5.  A  student whose parent or legal guardian is an active duty member of the uniformed services, as defined  by  the  compact,  and  has  been called  to  duty  for,  is  on  leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be  granted additional  excused  absences at the discretion of the local educational agency superintendent to visit with his or her parent or legal  guardian relative to such leave or deployment of the parent or guardian.