New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 149 - Setasides For Compensatory Education, Attendance Improvement And Dropout Prevention And Early Grade Intervention › Subpart 149-1 - Setaside For Instructional Programs And Services For Pupils With Compensatory Educational Needs › Section 149-1.4 - Expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each school
					 district and each community school district in the city of New York that is
					 required to set aside an amount of its comprehensive operating aid for
					 compensatory education and is required to submit a plan in accordance with
					 section
					 149-1.3(a) or
					 (b)  of this Part shall spend such funds for
					 compensatory programs and services for all such pupils as described in this
					 Subpart.
(b) Nothing in this
					 Subpart shall be construed to prevent the use of funds obtained from other
					 sources in the planning, implementation, or evaluation of locally administered
					 educational programs for pupils with compensatory educational needs, which may
					 include the expansion of existing programs which are consistent with the
					 purpose of this Subpart. If federally or privately funded programs in a school
					 district require matching with local funds, such district may claim the amount
					 of funds set aside for compensatory education as local funds, provided that
					 such programs are operated in accordance with the provisions of this
					 Subpart.
(c) Pupils with
					 compensatory educational needs shall continue to be eligible to receive
					 instructional programs and services as provided in this Subpart until such
					 pupils have achieved grade level in school subjects and skills in accordance
					 with criteria determined by the commissioner.
(d) With the approval of the commissioner, a
					 part of the amount set aside for compensatory education, not to exceed five
					 percent of such setaside amount, may be used for administrative and indirect
					 costs attributable to programs and services for pupils with compensatory
					 educational needs.
(e) Funds set
					 aside for compensatory education may be used only to supplement and, to the
					 extent practicable, increase the level of funds that would, in the absence of
					 such State funds, be made available from other State or local sources for the
					 education of pupils with compensatory educational needs and in no case may such
					 funds be used to supplant funds from other State or local sources.
(f) Remedial instruction required pursuant to
					 sections
					 100.3(b)(3),
					 100.4(f),
					 and
					 100.5(a)(4)(iv) 
					 of this Title shall continue only so long as Federal funds under chapter 1 of
					 title I of the ESEA of 1965, as amended are made available to school districts
					 in New York.
(g) With the approval
					 of the commissioner, funds set aside for compensatory education may be used to
					 support a schoolwide program in those buildings operating a Federal ESEA
					 chapter 1 schoolwide project. A schoolwide project is a program designed to
					 upgrade the entire educational program of the building. In a local school
					 district with one or more schoolwide projects and with one or more other
					 schools spending funds set aside for pupils with compensatory educational
					 needs, the local school district shall provide for each schoolwide project
					 building an amount of funds for pupils with compensatory education needs that,
					 for each child required to receive remediation under Part 100 of this Title
					 equals or exceeds the amount of such funds made available to other buildings in
					 the district for such pupils. A district may not provide to any building
					 operating a schoolwide project an amount of funds per pupil with compensatory
					 education needs which is less than that expended in the building in the
					 previous year. The commissioner shall grant approval for the use of such funds
					 in conjunction with chapter 1 funds for those programs which meet chapter 1
					 schoolwide project criteria including the evaluation of all educationally
					 deprived children enrolled in the building.
(h) With the approval of the commissioner,
					 funds set aside for compensatory education may be used in coordination with
					 other State and Federal funds for parental involvement activities designed to
					 meet the educational needs of compensatory education students.