2023 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.