§ 3602-C — Apportionment of moneys to school districts for the provision of services to pupils attending nonpublic schools

New York § 3602-C

• Jurisdiction: New York
• Law EDN: Education
• Title 5: Taxation and Financial Administration
• Part 1: General Provisions
• Art. 73: Apportionment of Public Moneys

Text

§ 3602-c. Apportionment of moneys to school districts for the\nprovision of services to pupils attending nonpublic schools. 1.\nDefinitions. As used in this section the following terms are defined as\nfollows:\n a. "Services" shall mean instruction in the areas of gifted pupils,\ncareer education and education for students with disabilities, and\ncounseling, psychological and social work services related to such\ninstruction provided during the regular school year for pupils enrolled\nin a nonpublic school located in a school district, provided that such\ninstruction is given to pupils enrolled in the public schools of such\ndistrict.\n b. "Gifted pupils" shall mean those pupils who show evidence of high\nperformance capability and exceptional potential in areas such as\ngeneral intellectual ability, special academic aptitude, and outstanding\nability in visual and performing arts. Such definition shall include\nthose children who require educational programs or services beyond those\nnormally provided by the regular school program in order to realize\ntheir full potential.\n c. "Career education" shall mean training or retraining designed to\nprepare individuals who are entitled to attend the public schools of the\nstate without the payment of tuition pursuant to section thirty-two\nhundred two of the education law for gainful employment as semi-skilled\nor skilled workers or technicians or subprofessionals in recognized\noccupations and in new or emerging occupations or to prepare pupils for\nenrollment in advanced technical education programs, but excluding any\nprogram to prepare pupils for employment in occupations which generally\nare considered professional or which require a baccalaureate or higher\ndegree; such training generally being grouped within the occupational\nfields of agriculture, business, distributive, health, home economics\nrelated, trade and technical education.\n d. "Education for students with disabilities" shall mean special\neducational programs designed to serve persons who meet the definition\nof children with disabilities set forth in subdivision one of section\nforty-four hundred one of this chapter.\n e. "Average daily attendance" shall mean the total number of\nattendance days of pupils receiving services divided by the number of\ndays the public school was in session for each attendance period. For\neach such attendance period the total number of attendance days for each\nsuch pupil shall be determined by multiplying the number of days on\nwhich each such pupil was in attendance by the ratio obtained by\ndividing the number of class periods of each such pupil by the total\nnumber of class periods, not to exceed five, operated by the public\nschool during the school day. Only pupils residing in this state shall\nbe included in such computation.\n * f. "School district of location" means the school district in which\nthe nonpublic elementary or secondary school attended by the student is\nlocated.\n * NB Repealed June 30, 2027\n * 2. a. Boards of education of all school districts of the state shall\nfurnish services to students who are residents of this state and who\nattend nonpublic schools located in such school districts, upon the\nwritten request of the parent or person in parental relation of any such\nstudent. Such a request for career education or services to gifted\nstudents shall be filed with the board of education of the school\ndistrict in which the parent or person in parental relation of the\nstudent resides on or before the first day of June preceding the school\nyear for which the request is made. In the case of education for\nstudents with disabilities, such a request shall be filed with the\ntrustees or board of education of the school district of location on or\nbefore the first of June preceding the school year for which the request\nis made, or by July first, two thousand seven for the two thousand\nseven--two thousand eight school year only, provided that where a\nstudent is first identified as a student with a disability after the\nfirst day of June preceding the school year for which the request is\nmade, or thirty days after the chapter of the laws of two thousand seven\nwhich amended this paragraph, takes effect where applicable, and prior\nto the first day of April of such current school year, such request\nshall be submitted within thirty days after such student is first\nidentified. For students first identified after March first of the\ncurrent school year, any such request for education for students with\ndisabilities in the current school year that is submitted on or after\nApril first of such current school year, shall be deemed a timely\nrequest for such services in the following school year.\n b. (1) For the purpose of obtaining education for students with\ndisabilities, as defined in paragraph d of subdivision one of this\nsection, such request shall be reviewed by the committee on special\neducation of the school district of location, which shall develop an\nindividualized education service program for the student based on the\nstudent's individual needs in the same manner and with the same contents\nas an individualized education program. The committee on special\neducation shall assure that special education programs and services are\nmade available to students with disabilities attending nonpublic schools\nlocated within the school district on an equitable basis, as compared to\nspecial education programs and services provided to other students with\ndisabilities attending public or nonpublic schools located within the\nschool district. Review of the recommendation of the committee on\nspecial education may be obtained by the parent or person in parental\nrelation of the pupil pursuant to the provisions of section forty-four\nhundred four of this chapter.\n (2) In the event an individualized education program for the two\nthousand seven--two thousand eight school year is developed pursuant to\nthis section by the committee on special education of the student's\nschool district of residence prior to the effective date of this\nsubparagraph, with the consent of the parent or person in parental\nrelation, such school district shall forward such individualized\neducation program to the committee on special education of the school\ndistrict of location. Such individualized education program shall be\ndeemed to be an individualized educational services program for purposes\nof this subdivision, and the school district of location shall provide\nthe services recommended in such individualized education program,\nunless and until it is amended by its committee on special education in\nthe manner prescribed by law. If, prior to the effective date of this\nsubparagraph, a student suspected of having a disability has been\nreferred to the committee on special education of the student's school\ndistrict of residence the results of such evaluation, with the consent\nof the parent or person in parental relation of the student, shall be\nshared with the committee on special education of the school district of\nlocation, which may adopt such evaluation as its own or conduct a new\nevaluation in whole or in part.\n (3) Notwithstanding any other provision of this section to the\ncontrary, an individualized education program developed for the two\nthousand six--two thousand seven school year shall continue to be in\nfull force and effect and binding on the school districts through the\nend of such school year. Such individualized education program shall be\ndeemed an individualized educational services program for purposes of\ndispute resolution.\n c. Due process complaints relating to compliance of the school\ndistrict of location with child find requirements, including evaluation\nrequirements, may be brought by the parent or person in parental\nrelation of the student pursuant to section forty-four hundred four of\nthis chapter.\n d. In the case of career education and education of gifted students,\nthe school district of residence shall contract with the school district\nin which the nonpublic school attended by the pupil is located, for the\nprovision of services pursuant to this section.\n * NB Effective until June 30, 2027\n * 2. Boards of education of all school districts of the state shall\nfurnish services to pupils who are residents of this state and who\nattend nonpublic schools located in such school districts, upon the\nwritten request of the parent, guardian or persons legally having\ncustody of any such pupil. Such a request shall be filed with the board\nof education of the school district in which the parent, guardian or\npersons legally having custody of the pupil resides on or before the\nfirst day of June preceding the school year for which the request is\nmade; provided that, in the case of education for students with\ndisabilities, where a student is first identified as a student with a\ndisability after the first day of June preceding the school year for\nwhich the request is made and prior to the first day of April of such\ncurrent school year or when a student with a disability establishes\nresidence in the school district after June first of the preceding year\nand prior to April first of the current school year, such request shall\nbe submitted within thirty days after such student is first identified\nor establishes residence in the district, as applicable. For students\nfirst identified or establishing residence after March first of the\ncurrent school year, any such request for education for students with\ndisabilities in the current school year that is submitted on or after\nApril first of such current school year, shall be deemed a timely\nrequest for such services in the following school year. For the purpose\nof obtaining education for students with disabilities, as defined in\nparagraph d of subdivision one of this section, such request shall be\nreviewed by the committee on special education in accordance with the\nprovisions of section forty-four hundred two of this chapter. Review of\nthe recommendation of the committee on special education may be obtained\nby the parent, guardian or persons legally having custody of the pupil\npursuant to the provisions of section forty-four hundred four of this\nchapter. Such school district shall contract with the school district in\nwhich the nonpublic school attended by the pupil is located, for the\nprovision of services pursuant to this section, except that in the case\nof education for students with disabilities, the school district of\nresidence may provide such services directly or by contract with the\nschool district of location.\n * NB Effective June 30, 2027\n * 2-a. For the education for students with disabilities provided in\nthe two thousand seven--two thousand eight school year and thereafter,\nto the extent required by federal law, the school district of location\nof a student with a disability shall be responsible for compliance with\nthe requirements of paragraph ten of subsection (a) of section fourteen\nhundred twelve of title twenty of the United States code, including but\nnot limited to, equitable provision of services, child find and\nconsultation requirements. The committee on special education of the\nschool district of location shall be responsible for evaluation and\npossible identification as a student with a disability of all students\nattending nonpublic schools located within the school district,\nincluding students who are not New York residents. The school district\nof location shall expend a proportionate amount of its federal funds\nmade available under part B of the individuals with disabilities\neducation act for the provision of services to students with\ndisabilities attending such nonpublic schools, including students who\nare not New York residents, provided that such federal funds may not be\nused for the cost of carrying out the child find requirement. School\ndistricts shall obtain parental consent prior to the release of\npersonally identifiable information concerning a student attending a\nnonpublic school from records collected or maintained pursuant to part B\nof the individuals with disabilities education act between such\nstudent's school district of residence and school district of location.\n * NB Repealed June 30, 2027\n * 2-b. The school district of location shall provide special education\nprograms and services to students with disabilities attending nonpublic\nschools in the school district who are not New York residents to the\nextent required under federal law and regulations and such students\nshall not have an individual right to receive special education programs\nand services pursuant to this section. The committee on special\neducation shall develop services plans for such students in accordance\nwith federal law and regulations. The provisions of subdivision two of\nthis section shall not apply to such students, except that due process\ncomplaints relating to compliance of the school district of location\nwith child find requirements, including evaluation requirements, may be\nbrought by the parent or person in parental relation of the student\npursuant to section forty-four hundred four of this chapter.\n * NB Repealed June 30, 2027\n 2-c. Solely for the purpose of the provision of education for students\nwith disabilities pursuant to this section and the computation of state\naid for such education pursuant to section thirty-six hundred two of\nthis article, a student in a home instruction program submitted by his\nor her parent or person in parental relation for review pursuant to the\nregulations of the commissioner shall be deemed to be a student enrolled\nin and attending a nonpublic school eligible to receive services\npursuant to subdivision two of this section; provided that such student\nis entitled to attend the public schools without payment of tuition\npursuant to subdivision one of section thirty-two hundred two of this\nchapter and has an individualized home instruction plan that has been\ndetermined by the superintendent of schools of the school district in\nwhich the home school is located to be in compliance with the\nregulations of the commissioner. The deadlines for submission of written\nrequests for the education of students with disabilities set forth in\nsubdivision two of this section shall apply to students in a home\ninstruction program, except that such request may be submitted within\nthirty days of a change in the student's school district of residence;\nprovided that for services in the two thousand eight--two thousand nine\nschool year only such written requests for students in a home\ninstruction program shall be submitted by June thirtieth, two thousand\neight, or within thirty days after the effective date of this\nsubdivision, whichever is later, except where subdivision two of this\nsection or this subdivision authorizes submission at a later date.\nExcept as provided in this subdivision, a home school shall not be\nconsidered a nonpublic school for any other purpose under this chapter.\n 3. Boards of education, with the consent of the commissioner of\neducation, are authorized to contract with boards of cooperative\neducational services to provide the services required by this act.\nPupils receiving services under the provisions of this subdivision shall\nbe deemed public school pupils for the purpose of determining aid\npursuant to section nineteen hundred fifty of the education law. Any\nsuch pupil who attends a program offered by a board of cooperative\neducational services, and who does not attend classes in the schools of\nthe district furnishing services, shall not be included in computing\naverage daily attendance in such district.\n 4. Boards of education shall provide transportation for pupils\nreceiving gifted or career education between the nonpublic school\nattended by such pupils and the public school where such services are\nprovided if the distance between the nonpublic school and the public\nschool exceeds one-fourth of a mile, except that; boards of education\nshall provide transportation for pupils receiving education for students\nwith disabilities under the provisions of this section in accordance\nwith the needs of each such pupil; and state aid for all such\ntransportation shall be paid as though such transportation were\nfurnished pursuant to the provisions of article eighty-nine of this\nchapter, except that such aid shall be paid at the rate of ninety\npercent of the actual cost of such transportation.\n 5. Boards of education, teachers and other employees of public schools\nshall not be liable for harm to pupils caused by others while such\npupils are walking between public and nonpublic schools.\n 6. Boards of education are authorized to determine by resolution which\ncourses of instruction shall be offered, the eligibility of pupils to\nparticipate in specific courses, and the admission of pupils. All pupils\nin like circumstances shall be treated similarly.\n * 7. a. Boards of education of districts providing career education\nand gifted education services to non-resident students shall be entitled\nto recover tuition from the district of residence of such students in\naccordance with a formula promulgated by the commissioner by regulation.\n b. In the case of the education for students with disabilities who are\nresidents of New York, a school district of location providing services\nto non-resident students shall be entitled to recover costs of services,\ncosts of evaluation, and costs of committee on special education\nadministration directly from the district of residence of the student if\nconsent of the parent or person in parental relation is obtained to\nrelease of personally identifiable information concerning their child.\nIf such consent is not obtained, the school district of location shall\nsubmit to the commissioner, in a form prescribed by the commissioner, a\nclaim for costs of services, evaluation costs, and committee on special\neducation administrative costs that includes the address of the\nstudent's permanent residence, including the school district of\nresidence, and a certification by officials of the nonpublic school\nattended by the student that such address is the address of record of\nsuch student. Upon certification by the commissioner of the amount of\nsuch claim, the state comptroller shall deduct such amount from any\nstate funds which become due to such school district of residence.\n c. The amount charged by the school district of location for services,\nevaluation, eligible due process costs and committee on special\neducation administrative costs shall not exceed the actual cost to the\nschool district of location, after deducting any costs paid with federal\nor state funds. The commissioner shall adopt regulations prescribing a\ndispute resolution mechanism that will be available to a school district\nof residence where such district disagrees with the amount of tuition or\ncosts charged by the school district of location.\n * NB Effective until June 30, 2027\n * 7. Boards of education of districts providing services to\nnon-resident pupils shall be entitled to recover tuition from the\ndistrict of residence of such pupils in accordance with a formula\npromulgated by the commissioner of education by regulation.\n * NB Effective June 30, 2027\n 8. Average daily attendance, as computed under the provisions of this\nsection, shall be included in the average daily attendance and average\ndaily membership of the school district furnishing services for all\npurposes under the provisions of section thirty-six hundred two of this\nchapter, except that it shall not be used in the computation of resident\nweighted average daily attendance or total wealth pupil units or total\nwealth foundation pupil units or of aid ratios.\n 9. Pupils enrolled in nonpublic schools for whom services are provided\npursuant to the provisions of this section shall receive such services\nin regular classes of the public school and shall not be provided such\nservices separately from pupils regularly attending the public schools.\n * 10. State and local funds provided by the district of residence\npursuant to this section shall supplement and in no case shall supplant\nthe proportionate amount of federal funds required to be expended by the\nschool district in which the nonpublic school attended by the student is\nlocated pursuant to the individuals with disabilities education act.\n * NB Repealed June 30, 2027\n