New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 120 - School Choice and Supplemental Educational Service Providers › Section 120.1 - Title I public school choice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  For school years prior to the 2018-2019 school year, each Title I LEA that has
				  a Title I school in a Priority or Focus designation shall provide all students
				  enrolled in the school the option to transfer to another public school served
				  by the Title I LEA at the same grade level that is not a school identified as a
				  persistently dangerous school pursuant to section
				  120.5 of
				  this Part, or that is not a Priority or Focus School pursuant to section
				  100.18 
				  of this Title, regardless of whether or not such school is receiving title I
				  funds, to the extent required by section 1116(b)(1)(E) of the NCLB,  20 U.S.C. section 6316(b)(1)(E)  (Public Law, section 107-110, section 1116(b)(1)(E), 115
				  STAT. 1479; Superintendent of Documents, U.S. Government Printing Office,
				  Washington, DC 20402-9328; 2002; available at the Office of Counsel, State
				  Education Building, Room 148, Albany, NY 12234); provided, however, that
				  students enrolled in a school pursuant to public school choice under this
				  section prior to the 2018-2019 school year shall continue to be given the
				  choice to enroll in such school until such student completes the highest grade
				  level of the school to which the student transferred. For school years
				  commencing with the 2018-2019 school year, schools required to provide students
				  enrolled in the school with the option to transfer to another public school
				  served by the Title I LEA at the same grade level pursuant to section 100.21(i) 
				  of this Title shall be required to comply with this section. Nothing in this
				  section shall be construed to confer a right to transfer to a magnet school or
				  special focus school having entrance requirements based on academic or other
				  skills without meeting such requirements, or to transfer to a school where such
				  transfer would violate health and safety code requirements or would otherwise
				  be in violation of law. If more than one school served by the Title I LEA meets
				  the requirements of this subdivision, the Title I LEA shall provide the parents
				  or other persons in parental relationship to such students with a choice of
				  more than one such school, and shall take into account the preferences of the
				  parents or other persons in parental relationship among the choices offered by
				  the Title I LEA.
(b) In providing
				  students the option to transfer to another public school served by the title I
				  LEA, the LEA shall give priority to the lowest achieving students from
				  low-income families as determined by the LEA for purposes of title I
				  allocations.
(c) Transferring
				  students shall have all the rights of students in the attendance zone of the
				  receiving school, including the right to enroll in classes and participate in
				  activities on the same basis as other students.
(d) Transportation shall be provided to the
				  school the student attends to the extent required by sections
				  100.18 
				  100.21 of this Title and the provisions of section 1116(b)(9) and (13),  20 U.S.C. section 6316(b)(9) and (13)  or the applicable provisions of the
				  Education Law (Public Law, section 107-110, section 1116(b)(9) and (13), 115
				  STAT. 1486 and 115 STAT. 1487; Superintendent of Documents, U.S. Government
				  Printing Office, Washington, DC 20402-9328; 2002; available at the Office of
				  Counsel, State Education Building, Room 148, Albany, NY 12234).
(e) A student who transfers to another public
				  school pursuant to this section shall be permitted to remain in that school
				  until the student has completed the highest grade level in the school such
				  student has transferred to.
(f)
				  Upon the transfer of a student with a disability pursuant to this section or a
				  student who is an individual with a disability covered by section 504 of the
				  Rehabilitation Act of 1973 (29 U.S.C. section 794) (section 504), the school
				  district shall ensure that the student continues to receive a free appropriate
				  public education in accordance with the Individuals with Disabilities Education
				  Act (IDEA) or section 504.
(g) In
				  accordance with section 1116(b)(6) of the NCLB,  20 U.S.C. section 6316(b)(6) the title I LEA shall promptly provide parents or other persons in parental
				  relation to students in priority or focus schools with notice of the student's
				  option to transfer to another public school pursuant to this section (Public
				  Law, section 107-110, section 1116[b][6], 115 STAT. 1483; Superintendent of
				  Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002;
				  available at the Office of Counsel, State Education Building, Room 148, Albany,
				  NY 12234).