§ 4115 — Apportionment

§ 4115. Apportionment. 1. If the education of Indian children of a\nreservation is being provided pursuant to the provisions of subdivision\ntwo of section forty-one hundred one of this article, such Indian\nchildren in attendance on the date construction is commenced shall be\nincluded in the computation of a building quota pursuant to subdivision\nsix-a of section thirty-six hundred two of this chapter for the school\ndistrict providing such education. In the event that a district which\nhas furnished instruction to Indian children shall cease to furnish such\ninstruction, any building quota paid such district pursuant to the\nprovisions of such subdivision six-a shall be recomputed to remove the\nIndian children from the computation of such building quota for such\ndistrict.\n 2. a. Except as otherwise provided in this subdivision, if the\neducation of Indian children of a reservation shall be provided pursuant\nto the provisions of subdivision two of section forty-one hundred one of\nthis article, such Indian children shall be included in the pupils\ndeemed in weighted averaged daily attendance, average daily membership,\ntotal aidable pupil units, total aidable foundation pupil units and\ntotal wealth pupil units for the school district providing such\neducation and such Indian children shall be deemed to be resident pupils\nof the district for the purpose of the computation of the apportionment\nof public moneys to the school district providing such education.\n b. During the first school year, beginning on or after July first,\nnineteen hundred fifty-six, in which Indian children are educated in the\nschools of a school district pursuant to the provisions of subdivision\ntwo of section forty-one hundred one of this article, there shall be\napportioned and paid to each such school district the sum of:\n (1) Three hundred thirty dollars for each Indian pupil in grades one\nthrough six in average daily attendance during the month of October,\nincluding kindergarten Indian children who attend for a full day. Where\nkindergarten Indian children attend but one-half day the district shall\nbe entitled to one hundred sixty-five dollars for each such pupil.\n (2) Four hundred twelve dollars and fifty cents for each Indian pupil\nin grades seven to twelve inclusive in average daily attendance during\nthe month of October.\n c. The provisions of paragraph b of this subdivision shall not apply\nin respect to an Indian child who was not educated in an Indian school\nmaintained by the state of New York during a part of the school year\nimmediately preceding the school year in which such payment is made, but\nshall apply to an Indian child who would have been educated in an Indian\nschool maintained by the state of New York during a part of the school\nyear in which such payment is made if the education of such Indian child\nhad not been provided for pursuant to the provisions of subdivision two\nof section forty-one hundred one of this article.\n d. In the event that a school district ceases to educate Indian\nchildren pursuant to the provisions of subdivision two of section\nforty-one hundred one of this article, any state aid received by such\nschool district during the ensuing school year by reason of the\nattendance of Indian children during the last school year instruction\nwas furnished such Indian children shall be reduced by the amount of any\npayment made such district during the first year Indian children were\neducated in the schools of such district pursuant to the provisions of\nsubdivision two of section forty-one hundred one of this article by\nreason of the attendance of such Indian children.\n 3. All children at the Thomas Indian school, and all Indian children\nresiding on any of the reservations of the state who are qualified to\nenter a secondary school and whose parents are unable to provide such\neducation are eligible to appointment by the commissioner of education\nas state pupils and as such to receive transportation to and from a high\nschool or vocational school on each day of attendance. Whenever such\nhigh school or vocational school shall be in a city or district other\nthan one in which such pupils may have the legal right to attend without\ncharge, and where a charge is imposed on non-resident pupils, the state\nshall also pay the required non-resident fee for tuition. The required\nnon-resident fee for tuition shall not exceed the total cost to the\nschool district of the education of such Indian children, less any\npublic moneys received by the school district by reason of the\nattendance of such Indian children in regular day school, except any\npublic moneys received by the district as a building quota pursuant to\nthe provisions of subdivision six-a of section thirty-six hundred two of\nthis chapter. The commissioner of taxation and finance shall pay on the\nwarrant of the comptroller bills approved by the commissioner of\neducation from the appropriation for general support for the public\nschools, out of such sum as may be appropriated for such support and\neducation of Indian youth for the amounts necessary for the purposes set\nforth in this section.\n