NY State Senate Bill 2025-S1945

Senate Bill S1945

2025-2026 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 14, 2025	referred to education

2025-S1945 (ACTIVE) - Details

See Assembly Version of this Bill:: A2279
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 Other Legislative Sessions:: 2021-2022: A8116
2023-2024: S4281, A3711

2025-S1945 (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.

2025-S1945 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1945

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.

2025-S1945 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1945
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
   printed to be committed 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 63 to read as follows:
   63.  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.
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01086-01-5
 S. 1945                             2

 [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].
   §  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
 S. 1945                             3

 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
 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
 S. 1945                             4
 
 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
 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:
 S. 1945                             5

   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-
 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
 S. 1945                             6
 
 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
 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
 S. 1945                             7
 
 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
 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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