2023 New York Laws › EDN - Education › Title 5 - Taxation and Financial Administration › Article 73 - Apportionment of Public Moneys › Part 1 - General Provisions › 3602-C - Apportionment of Moneys to School Districts for the Provision of Services to Pupils Attending Nonpublic Schools.

§ 3602-c. Apportionment   of   moneys  to  school  districts  for  the
provision  of  services  to  pupils  attending  nonpublic  schools.   1.
Definitions.  As used in this section the following terms are defined as
follows:
a. "Services" shall mean instruction in the areas  of  gifted  pupils,
career  education  and  education  for  students  with disabilities, and
counseling, psychological and  social  work  services  related  to  such
instruction  provided during the regular school year for pupils enrolled
in a nonpublic school located in a school district, provided  that  such
instruction  is  given  to pupils enrolled in the public schools of such
district.
b. "Gifted pupils" shall mean those pupils who show evidence  of  high
performance  capability  and  exceptional  potential  in  areas  such as
general intellectual ability, special academic aptitude, and outstanding
ability in visual and performing arts.  Such  definition  shall  include
those children who require educational programs or services beyond those
normally  provided  by  the  regular  school program in order to realize
their full potential.
c. "Career education" shall mean training or  retraining  designed  to
prepare individuals who are entitled to attend the public schools of the
state  without  the  payment  of  tuition pursuant to section thirty-two
hundred two of the education law for gainful employment as  semi-skilled
or  skilled  workers  or  technicians  or subprofessionals in recognized
occupations and in new or emerging occupations or to prepare pupils  for
enrollment  in  advanced technical education programs, but excluding any
program to prepare pupils for employment in occupations which  generally
are  considered  professional or which require a baccalaureate or higher
degree; such training generally being grouped  within  the  occupational
fields  of  agriculture,  business, distributive, health, home economics
related, trade and technical education.
d. "Education for  students  with  disabilities"  shall  mean  special
educational  programs  designed to serve persons who meet the definition
of children with disabilities set forth in subdivision  one  of  section
forty-four hundred one of this chapter.
e.   "Average  daily  attendance"  shall  mean  the  total  number  of
attendance days of pupils receiving services divided by  the  number  of
days  the  public  school was in session for each attendance period. For
each such attendance period the total number of attendance days for each
such pupil shall be determined by multiplying  the  number  of  days  on
which  each  such  pupil  was  in  attendance  by  the ratio obtained by
dividing the number of class periods of each such  pupil  by  the  total
number  of  class  periods,  not  to exceed five, operated by the public
school during the school day. Only pupils residing in this  state  shall
be included in such computation.
* f.  "School district of location" means the school district in which
the nonpublic elementary or secondary school attended by the student  is
located.
* NB Repealed June 30, 2024
* 2. a. Boards of education of all school districts of the state shall
furnish  services  to  students  who are residents of this state and who
attend nonpublic schools located in  such  school  districts,  upon  the
written request of the parent or person in parental relation of any such
student.  Such  a  request  for  career  education or services to gifted
students shall be filed with  the  board  of  education  of  the  school
district  in  which  the  parent  or  person in parental relation of the
student resides on or before the first day of June preceding the  school
year  for  which  the  request  is  made.  In  the case of education for
students with disabilities, such a  request  shall  be  filed  with  the

trustees  or board of education of the school district of location on or
before the first of June preceding the school year for which the request
is made, or by July first, two  thousand  seven  for  the  two  thousand
seven--two  thousand  eight  school  year  only,  provided  that where a
student is first identified as a student with  a  disability  after  the
first  day  of  June  preceding the school year for which the request is
made, or thirty days after the chapter of the laws of two thousand seven
which amended this paragraph, takes effect where applicable,  and  prior
to  the  first  day  of  April of such current school year, such request
shall be submitted within  thirty  days  after  such  student  is  first
identified.  For  students  first  identified  after  March first of the
current school year, any such request for education  for  students  with
disabilities  in  the  current school year that is submitted on or after
April first of such current  school  year,  shall  be  deemed  a  timely
request for such services in the following school year.
b.  (1)  For  the  purpose  of  obtaining  education for students with
disabilities, as defined in paragraph  d  of  subdivision  one  of  this
section,  such  request  shall  be  reviewed by the committee on special
education of the school district of location,  which  shall  develop  an
individualized  education  service  program for the student based on the
student's individual needs in the same manner and with the same contents
as  an  individualized  education  program.  The  committee  on  special
education  shall assure that special education programs and services are
made available to students with disabilities attending nonpublic schools
located within the school district on an equitable basis, as compared to
special education programs and services provided to other students  with
disabilities  attending  public  or nonpublic schools located within the
school district. Review  of  the  recommendation  of  the  committee  on
special  education  may  be obtained by the parent or person in parental
relation of the pupil pursuant to the provisions of  section  forty-four
hundred four of this chapter.
(2)  In  the  event  an  individualized  education program for the two
thousand seven--two thousand eight school year is developed pursuant  to
this  section  by  the  committee  on special education of the student's
school district of  residence  prior  to  the  effective  date  of  this
subparagraph,  with  the  consent  of  the  parent or person in parental
relation,  such  school  district  shall  forward  such   individualized
education  program  to  the committee on special education of the school
district of location. Such individualized  education  program  shall  be
deemed to be an individualized educational services program for purposes
of  this  subdivision, and the school district of location shall provide
the services  recommended  in  such  individualized  education  program,
unless  and until it is amended by its committee on special education in
the manner prescribed by law. If, prior to the effective  date  of  this
subparagraph,  a  student  suspected  of  having  a  disability has been
referred to the committee on special education of the  student's  school
district  of  residence the results of such evaluation, with the consent
of the parent or person in parental relation of the  student,  shall  be
shared with the committee on special education of the school district of
location,  which  may  adopt such evaluation as its own or conduct a new
evaluation in whole or in part.
(3) Notwithstanding  any  other  provision  of  this  section  to  the
contrary,  an  individualized  education  program  developed for the two
thousand six--two thousand seven school year shall  continue  to  be  in
full  force  and  effect and binding on the school districts through the
end of such school year. Such individualized education program shall  be
deemed  an  individualized  educational services program for purposes of
dispute resolution.
c. Due  process  complaints  relating  to  compliance  of  the  school
district  of location with child find requirements, including evaluation
requirements, may be  brought  by  the  parent  or  person  in  parental
relation  of  the student pursuant to section forty-four hundred four of
this chapter.
d.  In  the case of career education and education of gifted students,
the school district of residence shall contract with the school district
in which the nonpublic school attended by the pupil is located, for  the
provision of services pursuant to this section.
* NB Effective until June 30, 2024
* 2.  Boards  of  education of all school districts of the state shall
furnish services to pupils who are  residents  of  this  state  and  who
attend  nonpublic  schools  located  in  such school districts, upon the
written request of  the  parent,  guardian  or  persons  legally  having
custody  of any such pupil. Such a request shall be filed with the board
of education of the school district in which  the  parent,  guardian  or
persons  legally  having  custody  of the pupil resides on or before the
first day of June preceding the school year for  which  the  request  is
made;  provided  that,  in  the  case  of  education  for  students with
disabilities, where a student is first identified as a  student  with  a
disability  after  the  first  day of June preceding the school year for
which the request is made and prior to the first day of  April  of  such
current  school  year  or  when  a student with a disability establishes
residence in the school district after June first of the preceding  year
and  prior to April first of the current school year, such request shall
be submitted within thirty days after such student is  first  identified
or  establishes  residence  in the district, as applicable. For students
first identified or establishing residence  after  March  first  of  the
current  school  year,  any such request for education for students with
disabilities in the current school year that is submitted  on  or  after
April  first  of  such  current  school  year,  shall be deemed a timely
request for such services in the following school year. For the  purpose
of  obtaining  education  for  students with disabilities, as defined in
paragraph d of subdivision one of this section, such  request  shall  be
reviewed  by  the  committee on special education in accordance with the
provisions of section forty-four hundred two of this chapter. Review  of
the recommendation of the committee on special education may be obtained
by  the  parent, guardian or persons legally having custody of the pupil
pursuant to the provisions of section forty-four hundred  four  of  this
chapter. Such school district shall contract with the school district in
which  the  nonpublic  school  attended by the pupil is located, for the
provision of services pursuant to this section, except that in the  case
of  education  for  students  with  disabilities, the school district of
residence may provide such services directly or  by  contract  with  the
school district of location.
* NB Effective June 30, 2024
* 2-a.  For  the  education for students with disabilities provided in
the two thousand seven--two thousand eight school year  and  thereafter,
to  the  extent required by federal law, the school district of location
of a student with a disability shall be responsible for compliance  with
the  requirements of paragraph ten of subsection (a) of section fourteen
hundred twelve of title twenty of the United States code, including  but
not  limited  to,  equitable  provision  of  services,  child  find  and
consultation requirements. The committee on  special  education  of  the
school  district  of  location  shall  be responsible for evaluation and
possible identification as a student with a disability of  all  students
attending   nonpublic   schools  located  within  the  school  district,
including students who are not New York residents. The  school  district

of  location  shall  expend  a proportionate amount of its federal funds
made available  under  part  B  of  the  individuals  with  disabilities
education   act   for   the  provision  of  services  to  students  with
disabilities  attending  such  nonpublic schools, including students who
are not New York residents, provided that such federal funds may not  be
used  for  the  cost  of carrying out the child find requirement. School
districts  shall  obtain  parental  consent  prior  to  the  release  of
personally  identifiable  information  concerning  a student attending a
nonpublic school from records collected or maintained pursuant to part B
of  the  individuals  with  disabilities  education  act  between   such
student's school district of residence and school district of location.
* NB Repealed June 30, 2024
* 2-b. The school district of location shall provide special education
programs  and services to students with disabilities attending nonpublic
schools in the school district who are not New  York  residents  to  the
extent  required  under  federal  law  and regulations and such students
shall not have an individual right to receive special education programs
and  services  pursuant  to  this  section.  The  committee  on  special
education  shall  develop services plans for such students in accordance
with federal law and regulations. The provisions of subdivision  two  of
this  section  shall not apply to such students, except that due process
complaints relating to compliance of the  school  district  of  location
with  child find requirements, including evaluation requirements, may be
brought by the parent or person in  parental  relation  of  the  student
pursuant to section forty-four hundred four of this chapter.
* NB Repealed June 30, 2024
2-c. Solely for the purpose of the provision of education for students
with  disabilities pursuant to this section and the computation of state
aid for such education pursuant to section  thirty-six  hundred  two  of
this  article,  a student in a home instruction program submitted by his
or her parent or person in parental relation for review pursuant to  the
regulations of the commissioner shall be deemed to be a student enrolled
in  and  attending  a  nonpublic  school  eligible  to  receive services
pursuant to subdivision two of this section; provided that such  student
is  entitled  to  attend  the  public schools without payment of tuition
pursuant to subdivision one of section thirty-two hundred  two  of  this
chapter  and  has  an individualized home instruction plan that has been
determined by the superintendent of schools of the  school  district  in
which  the  home  school  is  located  to  be  in  compliance  with  the
regulations of the commissioner. The deadlines for submission of written
requests for the education of students with disabilities  set  forth  in
subdivision  two  of  this  section  shall  apply  to students in a home
instruction program, except that such request may  be  submitted  within
thirty  days  of a change in the student's school district of residence;
provided that for services in the two thousand eight--two thousand  nine
school   year  only  such  written  requests  for  students  in  a  home
instruction program shall be submitted by June thirtieth,  two  thousand
eight,   or  within  thirty  days  after  the  effective  date  of  this
subdivision, whichever is later, except where subdivision  two  of  this
section  or  this  subdivision  authorizes  submission  at a later date.
Except as provided in this subdivision,  a  home  school  shall  not  be
considered a nonpublic school for any other purpose under this chapter.
3.  Boards  of  education,  with  the  consent  of the commissioner of
education,  are  authorized  to  contract  with  boards  of  cooperative
educational  services  to  provide  the  services  required by this act.
Pupils receiving services under the provisions of this subdivision shall
be deemed public school  pupils  for  the  purpose  of  determining  aid
pursuant  to  section  nineteen  hundred fifty of the education law. Any

such pupil who attends a program  offered  by  a  board  of  cooperative
educational  services, and who does not attend classes in the schools of
the district furnishing services, shall not  be  included  in  computing
average daily attendance in such district.
4.  Boards  of  education  shall  provide  transportation  for  pupils
receiving gifted  or  career  education  between  the  nonpublic  school
attended  by  such  pupils and the public school where such services are
provided if the distance between the nonpublic  school  and  the  public
school  exceeds  one-fourth  of a mile, except that; boards of education
shall provide transportation for pupils receiving education for students
with disabilities under the provisions of  this  section  in  accordance
with  the  needs  of  each  such  pupil;  and  state  aid  for  all such
transportation  shall  be  paid  as  though  such  transportation   were
furnished  pursuant  to  the  provisions  of article eighty-nine of this
chapter, except that such aid shall  be  paid  at  the  rate  of  ninety
percent of the actual cost of such transportation.
5. Boards of education, teachers and other employees of public schools
shall  not  be  liable  for  harm  to pupils caused by others while such
pupils are walking between public and nonpublic schools.
6. Boards of education are authorized to determine by resolution which
courses of instruction shall be offered, the eligibility  of  pupils  to
participate in specific courses, and the admission of pupils. All pupils
in like circumstances shall be treated similarly.
* 7.  a.  Boards  of education of districts providing career education
and gifted education services to non-resident students shall be entitled
to recover tuition from the district of residence of  such  students  in
accordance with a formula promulgated by the commissioner by regulation.
b. In the case of the education for students with disabilities who are
residents  of New York, a school district of location providing services
to non-resident students shall be entitled to recover costs of services,
costs of  evaluation,  and  costs  of  committee  on  special  education
administration directly from the district of residence of the student if
consent  of  the  parent  or  person in parental relation is obtained to
release of personally identifiable information concerning  their  child.
If  such  consent is not obtained, the school district of location shall
submit to the commissioner, in a form prescribed by the commissioner,  a
claim  for costs of services, evaluation costs, and committee on special
education  administrative  costs  that  includes  the  address  of   the
student's   permanent   residence,  including  the  school  district  of
residence, and a certification by  officials  of  the  nonpublic  school
attended  by  the  student that such address is the address of record of
such student. Upon certification by the commissioner of  the  amount  of
such  claim,  the  state  comptroller  shall deduct such amount from any
state funds which become due to such school district of residence.
c. The amount charged by the school district of location for services,
evaluation,  eligible  due  process  costs  and  committee  on   special
education  administrative  costs shall not exceed the actual cost to the
school district of location, after deducting any costs paid with federal
or state funds. The commissioner shall adopt regulations  prescribing  a
dispute resolution mechanism that will be available to a school district
of residence where such district disagrees with the amount of tuition or
costs charged by the school district of location.
* NB Effective until June 30, 2024
* 7.   Boards   of   education  of  districts  providing  services  to
non-resident pupils shall  be  entitled  to  recover  tuition  from  the
district  of  residence  of  such  pupils  in  accordance with a formula
promulgated by the commissioner of education by regulation.
* NB Effective June 30, 2024
8. Average daily attendance, as computed under the provisions of  this
section,  shall  be included in the average daily attendance and average
daily membership of the school  district  furnishing  services  for  all
purposes  under the provisions of section thirty-six hundred two of this
chapter, except that it shall not be used in the computation of resident
weighted  average  daily attendance or total wealth pupil units or total
wealth foundation pupil units or of aid ratios.
9. Pupils enrolled in nonpublic schools for whom services are provided
pursuant to the provisions of this section shall receive  such  services
in  regular  classes of the public school and shall not be provided such
services separately from pupils regularly attending the public schools.
* 10. State and local funds provided  by  the  district  of  residence
pursuant  to this section shall supplement and in no case shall supplant
the proportionate amount of federal funds required to be expended by the
school district in which the nonpublic school attended by the student is
located pursuant to the individuals with disabilities education act.
* NB Repealed June 30, 2024