NY State Senate Bill 2023-S4281

Senate Bill S4281

2023-2024 Legislative Session

Requires nonpublic schools to provide the same services that public schools currently provide to nonpublic schools; repealer

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Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Feb 07, 2023	referred to education

2023-S4281 (ACTIVE) - Details

See Assembly Version of this Bill:: A3711
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld §701 sub 8, §752 sub 1, §754 sub 1, §§755 & 712, §3635 sub 1 ¶b, sub 2-a, amd Ed L, generally
Versions Introduced in 2021-2022 Legislative Session:: A8116

2023-S4281 (ACTIVE) - Summary

Enacts the "educational equity and choice act"; requires nonpublic schools to provide the same services that public schools currently provide to nonpublic schools; provides that such costs shall be approved by the commissioner of education and borne by the state; makes related provisions.

2023-S4281 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4281

SPONSOR: WEBER
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring nonpublic
schools to provide the same services that public schools currently
provide to nonpublic schools; and to repeal certain provisions of such
law relating thereto

 
PURPOSE:

Requires nonpublic schools to provide the same services that public
schools currently provide to nonpublic schools; repealer

 
SUMMARY OF PROVISIONS:

Section 1: establishes the name of the bill as the "Educational Equity
and Choice Act" Section 2: adds subdivision 60 to section 305 of the
education law

Section 3: amends section 912 of the education law

Section 4: amends subdivision 3 of section 701 of the education law
regarding health services

Section 5: amends subdivision 4 of section 701 of the education law
regarding textbooks

Section 6: repeals and replaces subdivision 8 of section 701 of the
education law

Section 7: amends subdivision 3 of section 751 of the education law
regarding software programs

Section 8: amends subdivision 4 of section 751 of the education law

Section 9: repeals and replaces subdivision 1 of section 752 of the
education law

Section 10: amends subdivision 1 of section 753 of the education law

Section 11: repeals and replaces subdivision 1 of section 754 of the
education law

Section 12: repeals section 755 of the education law

Section 13: amends subdivision 3 of section 711 of the education law

Section 14: amends subdivision 4 of section 711 of the education law

Section 15: adds subdivision 5 to section 711 of the education law
regarding library materials

Section 16: repeals section 712 of the education law

Section 17: repeals paragraph b of subdivision 1 of section 3635 of the
education law

Section 18: repeals subdivision 2-a of section 3635 of the education law

Section 19: adds subdivision 9 of section 3635 of the education law

Section 20: The section heading, subdivision 1, paragraphs a and d of
subdivision 2, subdivisions 3, 4, 6 and 10 of section 3602-c of the
education law, the section heading and subdivisions 3 and 6 as added by
chapter 593 of the laws of 1974, subdivision 1 as amended by chapter 740
of the laws of 1982, paragraphs a and d of subdivision 1 and subdivision
4 as amended by chapter 474 of the laws of 2004, paragraph c of subdivi-
sion 1 as amended by chapter 301 of the laws of 1996, paragraph f of
subdivision 1 as added by chapter 378 of the laws of 2007, paragraphs a
and d 16 of subdivision 2 as amended by chapter 378 of the laws of 2007,
and 17 subdivision 10 as added by chapter 352 of the laws of 2005, are
amended

Section 21: provides the effective date

 
JUSTIFICATION:

For decades, the State of New York has placed the burden of financing
private schools and their mandated services on the backs of public
schools across the state. Many public school districts have had to grap-
ple with this additional challenge in ensuring that all students in
their district, whether public or private school students, receive a
quality, affordable education.

Unfortunately, that system is broken. It leads to division in communi-
ties, including in East Ramapo, where private and public school
students, parents, teachers, and administrators are pitted against each
other over a shared revenue stream.

This legislation would remove that flashpoint, ensuring that public
schools. and Moir boards, across the state would only oversee public
school funds, while allowing for private schoolS to deal directly with
the New York State Education Department in order to secure funding and
reimbursement for mandated services such as busing, textbooks, special
education, and more.

With this bill, we can solve some of the biggest issues facing diverse
districts across the state while ensuring that all students receive the
quality, affordable education they deserve.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to school years
commencing on and after the first of July next succeeding such effective
date.

2023-S4281 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4281                                                  A. 3711
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 IN SENATE -- Introduced by Sen. WEBER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 IN ASSEMBLY -- Introduced by M. of A. BRABENEC -- read once and referred
   to the Committee on Education
 
 AN  ACT  to  amend the education law, in relation to requiring nonpublic
   schools to provide the same services  that  public  schools  currently
   provide to nonpublic schools; and to repeal certain provisions of such
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "educational equity and choice act".
   §  2.  Section  305  of  the  education law is amended by adding a new
 subdivision 60 to read as follows:
   60. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
 COMMISSIONER  SHALL  PROVIDE  THAT NO NONPUBLIC SCHOOL SHALL PROVIDE ANY
 SERVICE TO PUPILS  ATTENDING  SUCH  SCHOOL  WITHOUT  APPROVAL  FROM  THE
 COMMISSIONER.  PRIOR  TO  SERVICES BEING PROVIDED BY A NONPUBLIC SCHOOL,
 NONPUBLIC SCHOOLS WILL BE REQUIRED TO SUBMIT CERTIFICATIONS IN A  SYSTEM
 DEVELOPED BY THE COMMISSIONER OF THE SERVICES PROVIDED ELECTRONICALLY OR
 IN  ANY  OTHER  MEDIA  FORM WHICH THE COMMISSIONER REASONABLY DETERMINES
 OFFERS THE SAME DEGREE OF ACCOUNTABILITY AND CONTROL PROVIDED  BY  PAPER
 CERTIFICATIONS.  THE COMMISSIONER WILL HAVE THE POWER TO REVIEW AND SEEK
 CORRECTION OF ANY SERVICE PROVIDED  BY  NONPUBLIC  SCHOOLS  PURSUANT  TO
 SECTIONS  SEVEN  HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
 ONE, NINE  HUNDRED  TWELVE,  THIRTY-SIX  HUNDRED  TWO-C  AND  THIRTY-SIX
 HUNDRED  THIRTY-FIVE  OF  THIS  CHAPTER.  ALL  COSTS  PERTAINING  TO THE
 SERVICES PROVIDED BY NONPUBLIC SCHOOLS SHALL BE APPROVED BY THE  COMMIS-
 SIONER AND SHALL BE BORNE BY THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07532-01-3
 S. 4281                             2                            A. 3711

 
   §  3.  Section  912 of the education law, as amended by chapter 477 of
 the laws of 2004, is amended to read as follows:
   § 912. Health and welfare services to all children. [The voters and/or
 trustees  or  board  of  education  of every school district shall, upon
 request of the authorities of  a  school  other  than  public,  provide]
 NOTWITHSTANDING  ANY  LAW,  RULE OR REGULATION TO THE CONTRARY, resident
 children who attend [such] A NONPUBLIC school  SHALL  BE  PROVIDED  with
 [any  or all of the] THE SAME health and welfare services and facilities
 which are made available by [such] THE voters and/or trustees  or  board
 of  education  to  or  for  children attending the public schools of the
 district. Such services may include, but are not limited to all services
 performed by a physician, physician assistant, dentist,  dental  hygien-
 ist,  registered professional nurse, nurse practitioner, school psychol-
 ogist, school social worker or school speech  therapist,  and  may  also
 include  dental  prophylaxis, vision and hearing screening examinations,
 the taking of medical histories and the administration of health screen-
 ing tests, the maintenance of cumulative health records and the adminis-
 tration of emergency care programs for ill or injured students. Any such
 services  or  facilities  shall  be  so  provided  notwithstanding   any
 provision  of  any  charter or other provision of law inconsistent here-
 with. [Where children residing in one school district  attend  a  school
 other than public located in another school district, the school author-
 ities  of  the  district  of  residence  shall  contract with the school
 authorities of the district where such nonpublic school is located,  for
 the provision of such health and welfare services and facilities to such
 children  by the school district where such nonpublic school is located,
 for a consideration to be agreed upon between the school authorities  of
 such  districts,  subject to the approval of the qualified voters of the
 district of residence when required under the provisions of  this  chap-
 ter.  Every such contract shall be in writing and in the form prescribed
 by the commissioner, and before such contract is executed the same shall
 be submitted for approval to the superintendent of schools having juris-
 diction over such district of residence  and  such  contract  shall  not
 become effective until approved by such superintendent.] ALL COSTS ASSO-
 CIATED WITH THIS SECTION SHALL BE BORNE BY THE STATE.
   §  4. Subdivision 3 of section 701 of the education law, as amended by
 chapter 391 of the laws of 1989, is amended to read as follows:
   3. In the several cities and school districts of the state, boards  of
 education,  trustees or such body or officers as perform the function of
 such boards shall have the power and duty to purchase [and to loan  upon
 individual  request,]  textbooks,  to  all  children  residing  in  such
 district who are enrolled in a public school including children  attend-
 ing the public schools of the district for whom the district is eligible
 to receive reimbursement pursuant to paragraph a of subdivision eight of
 section  thirty-two hundred two of this chapter, provided, however, that
 such children shall not be counted by any other school district[, and to
 all children residing in such district who are enrolled in  a  nonpublic
 school.  Textbooks loaned to children enrolled in said nonpublic schools
 shall be textbooks which are designated for use in any public schools of
 the state or are approved by any boards of education, trustees or  other
 school  authorities.  Such textbooks are to be loaned free to such chil-
 dren subject to such rules and regulations as are or may  be  prescribed
 by  the board of regents and such boards of education, trustees or other
 school authorities. Enrollment shall be as defined in subdivision one of
 section thirty-six hundred two of this chapter].
 S. 4281                             3                            A. 3711
 
   § 5. Subdivision 4 of section 701 of the education law, as amended  by
 chapter 82 of the laws of 1995, is amended to read as follows:
   4.  No  school  district  shall  be  required to purchase or otherwise
 acquire textbooks, the cost of which shall exceed an amount equal to the
 apportionment pursuant to subdivision six of this section plus a minimum
 lottery grant determined pursuant to subdivision four of  section  nine-
 ty-two-c  of  the state finance law multiplied by the number of children
 residing in such district and so enrolled in  the  base  year[;  and  no
 school  district  shall  be  required to loan textbooks in excess of the
 textbooks owned or acquired by such district; provided, however that all
 textbooks owned or acquired by such district shall be loaned to children
 residing in the district and so enrolled in public and nonpublic schools
 on an equitable basis].
   § 6. Subdivision 8 of section 701 of the education law is REPEALED and
 a new subdivision 8 is added to read as follows:
   8. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,  CHIL-
 DREN  ATTENDING  A  NONPUBLIC  SCHOOL SHALL BE PROVIDED BY THE NONPUBLIC
 SCHOOL WITH THE SAME TEXTBOOKS  THAT  ARE  MADE  AVAILABLE  TO  CHILDREN
 ATTENDING  THE  PUBLIC SCHOOL OF WHERE SUCH NONPUBLIC SCHOOL IS LOCATED.
 ALL COSTS ASSOCIATED WITH THIS SUBDIVISION SHALL BE BORNE BY  THE  STATE
 IN A SIMILAR APPORTIONMENT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   §  7. Subdivision 3 of section 751 of the education law, as amended by
 section 4 of part A of chapter 436 of the laws of 1997,  is  amended  to
 read as follows:
   3.  No  school  district  shall  be  required to purchase or otherwise
 acquire software programs, the cost of  which  shall  exceed  an  amount
 equal  to the software factor multiplied by the sum of the public school
 district enrollment [and the nonpublic school enrollment]  in  the  base
 year  as defined in subparagraphs two and three of paragraph n of subdi-
 vision one of section thirty-six hundred two of this chapter.
   § 8. Subdivision 4 of section 751 of the education law, as amended  by
 section  3  of  part  H of chapter 83 of the laws of 2002, is amended to
 read as follows:
   4. The commissioner, in addition to the annual apportionment of public
 monies pursuant to other articles of this chapter,  shall  apportion  to
 each  school  district  an  amount  equal  to  the  cost of the software
 programs purchased by the district pursuant to this section in the  base
 year,  but  in  no case shall the aid apportioned to the district exceed
 the product of the software factor and the sum of public school district
 enrollment, [nonpublic school enrollment,] and additional public enroll-
 ment as defined in subparagraphs two, three, and six of paragraph  n  of
 subdivision one of section thirty-six hundred two of this chapter.
   § 9. Subdivision 1 of section 752 of the education law is REPEALED and
 a new subdivision 1 is added to read as follows:
   1.  CHILDREN  ATTENDING  A  NONPUBLIC  SCHOOL SHALL BE PROVIDED BY THE
 NONPUBLIC SCHOOL WITH THE SAME COMPUTER SOFTWARE THAT IS MADE  AVAILABLE
 TO  CHILDREN  ATTENDING THE PUBLIC SCHOOL OF WHERE SUCH NONPUBLIC SCHOOL
 IS LOCATED. ALL COSTS ASSOCIATED WITH THIS SUBDIVISION SHALL BE BORNE BY
 THE STATE IN A SIMILAR APPORTIONMENT PURSUANT  TO  SUBDIVISION  FOUR  OF
 SECTION SEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   § 10. Subdivision 1 of section 753 of the education law, as amended by
 section  4  of part A-1 of chapter 58 of the laws of 2011, is amended to
 read as follows:
   1. In addition to any other apportionment under this chapter, a school
 district shall be eligible for an apportionment under the provisions  of
 this  section  for  approved  expenses  for (i) the purchase or lease of
 S. 4281                             4                            A. 3711
 
 micro and/or mini computer  equipment  or  terminals  for  instructional
 purposes  or  (ii)  technology  equipment,  as defined in paragraph c of
 subdivision two of this section, used  for  instructional  purposes,  or
 (iii)  for  the repair of such equipment and training and staff develop-
 ment for instructional purposes as provided  hereinafter,  or  (iv)  for
 expenses incurred on or after July first, two thousand eleven, any items
 of  expenditure  that  are  eligible  for  an  apportionment pursuant to
 sections seven hundred one, seven hundred eleven  and/or  seven  hundred
 fifty-one  of  this title, where such items are designated by the school
 district as eligible for aid pursuant to this section, provided,  howev-
 er,  that  if aided pursuant to this section, such expenses shall not be
 aidable pursuant to any other section of law. Such aid shall be provided
 pursuant to a plan developed by the district which demonstrates  to  the
 satisfaction  of  the commissioner that the instructional computer hard-
 ware needs of the district's public school students have been adequately
 met [and that the school district has provided for the loan of  instruc-
 tional computer hardware to students legally attending nonpublic schools
 pursuant  to  section  seven  hundred fifty-four of this article].   The
 apportionment shall equal the lesser of such  approved  expense  in  the
 base  year or, the product of (i) the technology factor, (ii) the sum of
 the public school district enrollment [and the nonpublic school  enroll-
 ment]  in  the  base  year  as defined in subparagraphs two and three of
 paragraph n of subdivision one of section thirty-six hundred two of this
 chapter, and (iii) the building aid ratio,  as  defined  in  subdivision
 four  of section thirty-six hundred two of this chapter. For aid payable
 in the two thousand seven--two thousand eight school year and  thereaft-
 er, the technology factor shall be twenty-four dollars and twenty cents.
 A school district may use up to twenty percent of the product of (i) the
 technology factor, (ii) the sum of the public school district enrollment
 [and  the  nonpublic  school  enrollment] in the base year as defined in
 subparagraphs two and three of paragraph n of subdivision one of section
 thirty-six hundred two of this chapter, and (iii) the building aid ratio
 for the repair of instructional computer hardware and technology  equip-
 ment  and  training  and  staff  development  for instructional purposes
 pursuant to a plan submitted to the commissioner.
   § 11. Subdivision 1 of section 754 of the education  law  is  REPEALED
 and a new subdivision 1 is added to read as follows:
   1.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, CHIL-
 DREN ATTENDING A NONPUBLIC SCHOOL SHALL BE  PROVIDED  BY  THE  NONPUBLIC
 SCHOOL  WITH  THE SAME COMPUTER HARDWARE THAT IS MADE AVAILABLE TO CHIL-
 DREN ATTENDING THE PUBLIC SCHOOL  OF  WHERE  SUCH  NONPUBLIC  SCHOOL  IS
 LOCATED  AS  PROVIDED BY SECTION SEVEN HUNDRED FIFTY-THREE OF THIS ARTI-
 CLE. ALL COSTS ASSOCIATED WITH THIS SUBDIVISION SHALL BE  BORNE  BY  THE
 STATE IN A SIMILAR APPORTIONMENT PURSUANT TO SUBDIVISION FOUR OF SECTION
 SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
   § 12. Section 755 of the education law is REPEALED.
   § 13. Subdivision 3 of section 711 of the education law, as amended by
 section  7  of  part  B of chapter 57 of the laws of 2007, is amended to
 read as follows:
   3. No school district shall  be  required  to  purchase  or  otherwise
 acquire  school  library  materials,  the  cost of which shall exceed an
 amount equal to the library materials factor multiplied by  the  sum  of
 the  public school district enrollment [and the nonpublic school enroll-
 ment] in the base year as defined in  subparagraphs  two  and  three  of
 paragraph n of subdivision one of section thirty-six hundred two of this
 chapter.  For aid payable in the nineteen hundred ninety-eight--nineteen
 S. 4281                             5                            A. 3711
 
 hundred ninety-nine school year, the library materials factor  shall  be
 four  dollars.  For  aid payable in the two thousand seven--two thousand
 eight school year and thereafter, the library materials factor shall  be
 six dollars and twenty-five cents.
   § 14. Subdivision 4 of section 711 of the education law, as amended by
 section  4  of  part  C of chapter 58 of the laws of 1998, is amended to
 read as follows:
   4.  Commencing   July   first,   nineteen   hundred   [ninety   eight]
 NINETY-EIGHT,  the commissioner, in addition to the annual apportionment
 of public monies pursuant to  other  articles  of  this  chapter,  shall
 apportion  to  each  school  district an amount equal to the cost of the
 school library materials purchased by  the  district  pursuant  to  this
 section  in  the  base year, but in no case shall the aid apportioned to
 the district exceed the product of the library materials factor and  the
 sum of public school district enrollment, [nonpublic school enrollment,]
 and additional public enrollment as defined in subparagraphs two, three,
 and  six of paragraph n of subdivision one of section thirty-six hundred
 two of this chapter.   Aid payable pursuant to  this  section  shall  be
 deemed  final  and  not  subject  to change after April thirtieth of the
 school year for which payment was due.
   § 15. Section 711 of the education law is  amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, CHIL-
 DREN ATTENDING A NONPUBLIC SCHOOL SHALL BE  PROVIDED  BY  THE  NONPUBLIC
 SCHOOL  WITH THE SAME SCHOOL LIBRARY MATERIALS THAT IS MADE AVAILABLE TO
 CHILDREN ATTENDING THE PUBLIC SCHOOL OF WHERE SUCH NONPUBLIC  SCHOOL  IS
 LOCATED.  ALL  COSTS  ASSOCIATED WITH THIS SUBDIVISION SHALL BE BORNE BY
 THE STATE IN A SIMILAR APPORTIONMENT PURSUANT TO SUBDIVISIONS THREE  AND
 FOUR OF THIS SECTION.
   § 16. Section 712 of the education law is REPEALED.
   §  17.  Paragraph  b of subdivision 1 of section 3635 of the education
 law is REPEALED.
   § 18. Subdivision  2-a  of  section  3635  of  the  education  law  is
 REPEALED.
   §  19.  Section  3635  of the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,  CHIL-
 DREN  ATTENDING  A  NONPUBLIC  SCHOOL SHALL BE PROVIDED BY THE NONPUBLIC
 SCHOOL WITH THE SAME SUFFICIENT TRANSPORTATION SERVICES  THAT  ARE  MADE
 AVAILABLE  TO CHILDREN ATTENDING THE PUBLIC SCHOOL OF WHERE SUCH NONPUB-
 LIC SCHOOL IS LOCATED. ALL COSTS ASSOCIATED WITH THIS SUBDIVISION  SHALL
 BE BORNE BY THE STATE IN A SIMILAR APPORTIONMENT PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   § 20. The section heading, subdivision 1, paragraphs a and d of subdi-
 vision 2, subdivisions 3, 4, 6 and 10 of section 3602-c of the education
 law,  the  section  heading and subdivisions 3 and 6 as added by chapter
 593 of the laws of 1974, subdivision 1 as amended by chapter 740 of  the
 laws  of  1982, paragraphs a and d of subdivision 1 and subdivision 4 as
 amended by chapter 474 of the laws of 2004, paragraph c of subdivision 1
 as amended by chapter 301 of the laws of 1996, paragraph f  of  subdivi-
 sion  1  as added by chapter 378 of the laws of 2007, paragraphs a and d
 of subdivision 2 as amended by chapter 378 of  the  laws  of  2007,  and
 subdivision  10 as added by chapter 352 of the laws of 2005, are amended
 to read as follows:
   Apportionment of moneys to [school districts]  NONPUBLIC  SCHOOLS  for
 the  provision of services to pupils attending nonpublic schools PARTIC-
 S. 4281                             6                            A. 3711
 
 IPATING IN SPECIALIZED  EDUCATIONAL  SERVICES.    1.  Definitions.  [As]
 NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, AS used in
 this section the following terms are defined as follows:
   a.  "Services"  shall  mean instruction in the areas of gifted pupils,
 career education and education for students with disabilities, and coun-
 seling, psychological and social work services related to such  instruc-
 tion  provided  during  the regular school year for pupils enrolled in a
 nonpublic school [located in  a  school  district,  provided  that  such
 instruction  is  given  to pupils enrolled in the public schools of such
 district].
   b. "Gifted pupils" shall mean those pupils who show evidence  of  high
 performance capability and exceptional potential in areas such as gener-
 al  intellectual  ability,  special  academic  aptitude, and outstanding
 ability in visual and performing arts.  Such  definition  shall  include
 those children who require educational programs or services beyond those
 normally  provided  by  the  regular  school program in order to realize
 their full potential.
   c. "Career education" shall mean training or  retraining  designed  to
 prepare  individuals  [who  are entitled to attend the public schools of
 the state] without the payment of tuition pursuant to section thirty-two
 hundred two of [the education law] THIS CHAPTER for  gainful  employment
 as semi-skilled or skilled workers or technicians or subprofessionals in
 recognized  occupations and in new or emerging occupations or to prepare
 pupils for enrollment in  advanced  technical  education  programs,  but
 excluding  any  program  to prepare pupils for employment in occupations
 which generally are considered professional or which require a baccalau-
 reate or higher degree; such training generally being grouped within the
 occupational fields of agriculture, business, distributive, health, home
 economics related, trade and technical education.
   d. "Education for  students  with  disabilities"  shall  mean  special
 educational  programs  designed to serve persons who meet the definition
 of children with disabilities set forth in subdivision  one  of  section
 forty-four hundred one of this chapter.
   e.  "Average  daily attendance" shall mean the total number of attend-
 ance days of pupils receiving services divided by the number of days the
 [public school] NONPUBLIC SCHOOL was  in  session  for  each  attendance
 period.  For  each such attendance period the total number of attendance
 days for each such pupil shall be determined by multiplying  the  number
 of days on which each such pupil was in attendance by the ratio obtained
 by  dividing the number of class periods of each such pupil by the total
 number of class periods, not to exceed  five,  operated  by  the  public
 school  during  the school day. Only pupils residing in this state shall
 be included in such computation.
   f. "School district of location" means the school  district  in  which
 the  nonpublic elementary or secondary school attended by the student is
 located.
   a. [Boards of education of all school  districts  of]  NOTWITHSTANDING
 ANY  LAW,  RULE OR REGULATION TO THE CONTRARY, EVERY CERTIFIED NONPUBLIC
 SCHOOL IN the state shall furnish services to students who are residents
 of this state and who attend nonpublic schools [located in  such  school
 districts], upon the written request of the parent or person in parental
 relation  of  any  such  student. Such a request for career education or
 services to gifted students shall be filed with the [board of  education
 of  the  school district] NONPUBLIC SCHOOL in which the parent or person
 in parental relation of the student resides on or before the  first  day
 of  June preceding the school year for which the request is made. In the
 S. 4281                             7                            A. 3711
 
 case of education for students with disabilities, such a  request  shall
 be filed with the [trustees or board of education of the school district
 of  location]  NONPUBLIC SCHOOL on or before the first of June preceding
 the  school  year  for  which the request is made, or by July first, two
 thousand seven for the two thousand  seven--two  thousand  eight  school
 year  only,  provided  that  where  a  student  is first identified as a
 student with a disability after the first  day  of  June  preceding  the
 school  year  for  which  the  request is made, or thirty days after the
 chapter of the laws of two thousand seven which amended this  paragraph,
 takes  effect  where  applicable, and prior to the first day of April of
 such current school year, such request shall be submitted within  thirty
 days  after such student is first identified. For students first identi-
 fied after March first of the current school year, any such request  for
 education for students with disabilities in the current school year that
 is  submitted on or after April first of such current school year, shall
 be deemed a timely request for such services  in  the  following  school
 year.
   [d.  In the case of career education and education of gifted students,
 the school district of residence shall contract with the school district
 in which the nonpublic school attended by the pupil is located, for  the
 provision of services pursuant to this section.]
   3.  [Boards  of education] NOTWITHSTANDING ANY LAW, RULE OR REGULATION
 TO THE CONTRARY, NONPUBLIC SCHOOLS, with the consent of the commissioner
 of education, are authorized to [contract with] ESTABLISH PROGRAMS SIMI-
 LAR TO  boards  of  cooperative  educational  services  to  provide  the
 services  required  by  this act.   [Pupils receiving services under the
 provisions of this subdivision shall be deemed public school pupils  for
 the  purpose  of  determining  aid  pursuant to section nineteen hundred
 fifty of the education law.]  Any  such  pupil  who  attends  a  program
 offered by a board of cooperative educational services, and who does not
 attend classes in the schools of the district furnishing services, shall
 not be included in computing average daily attendance in such district.
   4.  [Boards  of education] NOTWITHSTANDING ANY LAW, RULE OR REGULATION
 TO THE CONTRARY, NONPUBLIC  SCHOOLS  shall  provide  transportation  for
 pupils  receiving  gifted  or career education [between] PROVIDED BY the
 nonpublic school [attended by such pupils and the  public  school  where
 such  services are provided if the distance between the nonpublic school
 and the public school exceeds one-fourth of a mile, except that;  boards
 of education shall provide transportation for pupils receiving education
 for  students  with disabilities under the provisions of this section in
 accordance with the needs of each such pupil]; and  state  aid  for  all
 such  transportation  shall  be  paid as though such transportation were
 furnished pursuant to the provisions  of  article  eighty-nine  of  this
 chapter,  except that such aid shall be paid at the rate of [ninety] ONE
 HUNDRED percent of the actual cost of such transportation.
   6. [Boards of education] NONPUBLIC SCHOOLS are authorized to determine
 by resolution which courses of instruction shall be offered, the  eligi-
 bility  of  pupils to participate in specific courses, and the admission
 of pupils. All pupils in like circumstances shall be treated similarly.
   10. State and local funds provided by the district of residence pursu-
 ant to this section shall supplement and in no case shall  supplant  the
 proportionate  amount  of  federal  funds required to be expended by the
 [school district in which the] nonpublic school attended by the  student
 is located pursuant to the individuals with disabilities education act.
   §  21. This act shall take effect immediately; provided, however, that
 the amendments to paragraph f of subdivision 1, paragraphs a  and  d  of
 S. 4281                             8                            A. 3711
 
 subdivision  2 and subdivision 10 of section 3602-c of the education law
 made by section twenty of this act shall not affect the repeal  of  such
 paragraphs  and subdivisions, respectively, and shall be deemed repealed
 therewith.

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