NY Educ L § 4115 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 83 - Indian Schools 4115 - Apportionment.

§ 4115. Apportionment.  1.  If  the  education of Indian children of a reservation is being provided pursuant to the provisions of  subdivision two  of  section  forty-one  hundred  one  of  this article, such Indian children in attendance on the date construction is  commenced  shall  be included  in the computation of a building quota pursuant to subdivision six-a of section thirty-six hundred two of this chapter for  the  school district  providing  such  education. In the event that a district which has furnished instruction to Indian children shall cease to furnish such instruction, any building quota  paid  such  district  pursuant  to  the provisions  of  such subdivision six-a shall be recomputed to remove the Indian children from the computation of such  building  quota  for  such district.   2.  a.  Except  as  otherwise  provided  in  this  subdivision, if the education of Indian children of a reservation shall be provided pursuant to the provisions of subdivision two of section forty-one hundred one of this article, such Indian children  shall  be  included  in  the  pupils deemed  in weighted averaged daily attendance, average daily membership, total aidable pupil units, total  aidable  foundation  pupil  units  and total  wealth  pupil  units  for  the  school  district  providing  such education and such Indian children shall be deemed to be resident pupils of the district for the purpose of the computation of the  apportionment of public moneys to the school district providing such education.   b.  During  the  first  school year, beginning on or after July first, nineteen hundred fifty-six, in which Indian children are educated in the schools of a school district pursuant to the provisions  of  subdivision two  of  section  forty-one  hundred one of this article, there shall be apportioned and paid to each such school district the sum of:  (1) Three hundred thirty dollars for each Indian pupil in  grades  one through  six  in  average  daily attendance during the month of October, including kindergarten Indian children who attend for a full day.  Where kindergarten  Indian children attend but one-half day the district shall be entitled to one hundred sixty-five dollars for each such pupil.  (2) Four hundred twelve dollars and fifty cents for each Indian  pupil in  grades  seven to twelve inclusive in average daily attendance during the month of October.   c. The provisions of paragraph b of this subdivision shall  not  apply in  respect  to an Indian child who was not educated in an Indian school maintained by the state of New York during a part  of  the  school  year immediately preceding the school year in which such payment is made, but shall apply to an Indian child who would have been educated in an Indian school  maintained  by the state of New York during a part of the school year in which such payment is made if the education of such Indian child had not been provided for pursuant to the provisions of subdivision  two of section forty-one hundred one of this article.   d.  In  the  event  that  a  school  district ceases to educate Indian children pursuant to  the  provisions  of  subdivision  two  of  section forty-one  hundred  one  of this article, any state aid received by such school district  during  the  ensuing  school  year  by  reason  of  the attendance  of  Indian  children during the last school year instruction was furnished such Indian children shall be reduced by the amount of any payment made such district during the first year  Indian  children  were educated  in  the schools of such district pursuant to the provisions of subdivision two of section forty-one hundred  one  of  this  article  by reason of the attendance of such Indian children.   3.  All  children at the Thomas Indian school, and all Indian children residing on any of the reservations of the state who  are  qualified  to enter  a  secondary  school and whose parents are unable to provide such education are eligible to appointment by the commissioner  of  education  as state pupils and as such to receive transportation to and from a high school  or  vocational  school  on each day of attendance. Whenever such high school or vocational school shall be in a city  or  district  other than one in which such pupils may have the legal right to attend without charge,  and where a charge is imposed on non-resident pupils, the state shall also pay the required non-resident fee for tuition.  The  required non-resident  fee  for  tuition  shall  not exceed the total cost to the school district of the education  of  such  Indian  children,  less  any public  moneys  received  by  the  school  district  by  reason  of  the attendance of such Indian children in regular  day  school,  except  any public  moneys  received by the district as a building quota pursuant to the provisions of subdivision six-a of section thirty-six hundred two of this chapter. The commissioner of taxation and finance shall pay on  the warrant  of  the  comptroller  bills  approved  by  the  commissioner of education from the appropriation for  general  support  for  the  public schools,  out  of  such  sum as may be appropriated for such support and education of Indian youth for the amounts necessary for the purposes set forth in this section.