§ 3305 — Placement and attendance

New York § 3305

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Art. 66: Interstate Compact On Educational Opportunity For Military Children

Text

§ 3305. Placement and attendance. 1. When the student transfers before\nor during the school year, the receiving state school shall initially\nhonor placement of the student in educational courses based on the\nstudent's enrollment in the sending state school and/or educational\nassessments conducted at the school in the sending state if the courses\nare offered and there is space available as determined by the local\neducational agency. Course placement includes but is not limited to\nhonors, international baccalaureate, advanced placement, vocational,\ntechnical and career pathways courses. Where the local educational\nagency contracts with a board of cooperative educational services to\ndeliver such courses, the local educational agency and the board of\ncooperative educational services shall arrange to enroll the student in\nthe applicable board of cooperative educational services program where\nthere is space available. Continuing the student's academic program from\nthe previous school and promoting placement in academically and career\nchallenging courses should be paramount when considering placement. This\ndoes not preclude the school in the receiving state from performing\nsubsequent evaluations to ensure appropriate placement and continued\nenrollment of the student in the courses.\n 2. The receiving state school shall initially honor placement of the\nstudent in educational programs based on current educational assessments\nconducted at the school in the sending state or participation/placement\nin like programs in the sending state, provided that the programs and/or\ncourses exist and there is space available, as determined by the local\neducational agency. Such programs include, but are not limited to,\ngifted and talented programs and English as a second language. Nothing\nin this subdivision shall preclude the school in the receiving state\nfrom performing subsequent evaluations to ensure appropriate placement\nof the student.\n 3. (a) In compliance with the federal requirements of the individuals\nwith disabilities education act, 20 U.S.C.A. section 1400 et seq, the\nreceiving state shall initially provide comparable services to a student\nwith disabilities based on his or her current individualized education\nprogram; and\n (b) In compliance with the requirements of section 504 of the\nrehabilitation act, 29 U.S.C.A. section 794, and with title II of the\nAmericans with disabilities act, 42 U.S.C.A. sections 12131-12165, the\nreceiving state shall make reasonable accommodations and modifications\nto address the needs of incoming students with disabilities, subject to\nan existing 504 or title II plan, to provide the student with equal\naccess to education. This does not preclude the school in the receiving\nstate from performing subsequent evaluations to ensure appropriate\nplacement of the student.\n 4. Local educational agency administrative officials shall have\nflexibility in waiving course or program prerequisites, or other\npreconditions for placement in courses or programs offered under the\njurisdiction of the local educational agency.\n 5. A student whose parent or legal guardian is an active duty member\nof the uniformed services, as defined by the compact, and has been\ncalled to duty for, is on leave from, or immediately returned from\ndeployment to a combat zone or combat support posting, shall be granted\nadditional excused absences at the discretion of the local educational\nagency superintendent to visit with his or her parent or legal guardian\nrelative to such leave or deployment of the parent or guardian.\n