§ 3602-c. Apportionment of moneys to school districts for the
provision of services to pupils attending nonpublic schools. 1.
Definitions. 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
counseling, psychological and social work services related to such
instruction 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
general 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 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 baccalaureate 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
attendance days of pupils receiving services divided by the number of
days the public 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.

* NB Repealed June 30, 2027

* 2. a. Boards of education of all school districts of 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 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 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 identified 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.

b. (1) For the purpose of obtaining education for students with
disabilities, as defined in paragraph d of subdivision one of this
section, such request shall be reviewed by the committee on special
education of the school district of location, which shall develop an
individualized education service program for the student based on the
student's individual needs in the same manner and with the same contents
as an individualized education program. The committee on special
education shall assure that special education programs and services are
made available to students with disabilities attending nonpublic schools
located within the school district on an equitable basis, as compared to
special education programs and services provided to other students with
disabilities attending public or nonpublic schools located within the
school district. Review of the recommendation of the committee on
special education may be obtained by the parent or person in parental
relation of the pupil pursuant to the provisions of section forty-four
hundred four of this chapter.

(2) In the event an individualized education program for the two
thousand seven--two thousand eight school year is developed pursuant to
this section by the committee on special education of the student's
school district of residence prior to the effective date of this
subparagraph, with the consent of the parent or person in parental
relation, such school district shall forward such individualized
education program to the committee on special education of the school
district of location. Such individualized education program shall be
deemed to be an individualized educational services program for purposes
of this subdivision, and the school district of location shall provide
the services recommended in such individualized education program,
unless and until it is amended by its committee on special education in
the manner prescribed by law. If, prior to the effective date of this
subparagraph, a student suspected of having a disability has been
referred to the committee on special education of the student's school
district of residence the results of such evaluation, with the consent
of the parent or person in parental relation of the student, shall be
shared with the committee on special education of the school district of
location, which may adopt such evaluation as its own or conduct a new
evaluation in whole or in part.

(3) Notwithstanding any other provision of this section to the
contrary, an individualized education program developed for the two
thousand six--two thousand seven school year shall continue to be in
full force and effect and binding on the school districts through the
end of such school year. Such individualized education program shall be
deemed an individualized educational services program for purposes of
dispute resolution.

c. Due process complaints relating to compliance of the school
district of location with child find requirements, including evaluation
requirements, may be brought by the parent or person in parental
relation of the student pursuant to section forty-four hundred four of
this chapter.

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.

* NB Effective until June 30, 2027

* 2. Boards of education of all school districts of the state shall
furnish services to pupils who are residents of this state and who
attend nonpublic schools located in such school districts, upon the
written request of the parent, guardian or persons legally having
custody of any such pupil. Such a request shall be filed with the board
of education of the school district in which the parent, guardian or
persons legally having custody of the pupil resides on or before the
first day of June preceding the school year for which the request is
made; provided that, in the case of education for students with
disabilities, 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 and prior to the first day of April of such
current school year or when a student with a disability establishes
residence in the school district after June first of the preceding year
and prior to April first of the current school year, such request shall
be submitted within thirty days after such student is first identified
or establishes residence in the district, as applicable. For students
first identified or establishing residence 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. For the purpose
of obtaining education for students with disabilities, as defined in
paragraph d of subdivision one of this section, such request shall be
reviewed by the committee on special education in accordance with the
provisions of section forty-four hundred two of this chapter. Review of
the recommendation of the committee on special education may be obtained
by the parent, guardian or persons legally having custody of the pupil
pursuant to the provisions of section forty-four hundred four of this
chapter. Such school district 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, except that in the case
of education for students with disabilities, the school district of
residence may provide such services directly or by contract with the
school district of location.

* NB Effective June 30, 2027

* 2-a. For the education for students with disabilities provided in
the two thousand seven--two thousand eight school year and thereafter,
to the extent required by federal law, the school district of location
of a student with a disability shall be responsible for compliance with
the requirements of paragraph ten of subsection (a) of section fourteen
hundred twelve of title twenty of the United States code, including but
not limited to, equitable provision of services, child find and
consultation requirements. The committee on special education of the
school district of location shall be responsible for evaluation and
possible identification as a student with a disability of all students
attending nonpublic schools located within the school district,
including students who are not New York residents. The school district
of location shall expend a proportionate amount of its federal funds
made available under part B of the individuals with disabilities
education act for the provision of services to students with
disabilities attending such nonpublic schools, including students who
are not New York residents, provided that such federal funds may not be
used for the cost of carrying out the child find requirement. School
districts shall obtain parental consent prior to the release of
personally identifiable information concerning a student attending a
nonpublic school from records collected or maintained pursuant to part B
of the individuals with disabilities education act between such
student's school district of residence and school district of location.

* NB Repealed June 30, 2027

* 2-b. The school district of location shall provide special education
programs and services to students with disabilities attending nonpublic
schools in the school district who are not New York residents to the
extent required under federal law and regulations and such students
shall not have an individual right to receive special education programs
and services pursuant to this section. The committee on special
education shall develop services plans for such students in accordance
with federal law and regulations. The provisions of subdivision two of
this section shall not apply to such students, except that due process
complaints relating to compliance of the school district of location
with child find requirements, including evaluation requirements, may be
brought by the parent or person in parental relation of the student
pursuant to section forty-four hundred four of this chapter.

* NB Repealed June 30, 2027

2-c. Solely for the purpose of the provision of education for students
with disabilities pursuant to this section and the computation of state
aid for such education pursuant to section thirty-six hundred two of
this article, a student in a home instruction program submitted by his
or her parent or person in parental relation for review pursuant to the
regulations of the commissioner shall be deemed to be a student enrolled
in and attending a nonpublic school eligible to receive services
pursuant to subdivision two of this section; provided that such student
is entitled to attend the public schools without payment of tuition
pursuant to subdivision one of section thirty-two hundred two of this
chapter and has an individualized home instruction plan that has been
determined by the superintendent of schools of the school district in
which the home school is located to be in compliance with the
regulations of the commissioner. The deadlines for submission of written
requests for the education of students with disabilities set forth in
subdivision two of this section shall apply to students in a home
instruction program, except that such request may be submitted within
thirty days of a change in the student's school district of residence;
provided that for services in the two thousand eight--two thousand nine
school year only such written requests for students in a home
instruction program shall be submitted by June thirtieth, two thousand
eight, or within thirty days after the effective date of this
subdivision, whichever is later, except where subdivision two of this
section or this subdivision authorizes submission at a later date.
Except as provided in this subdivision, a home school shall not be
considered a nonpublic school for any other purpose under this chapter.

3. Boards of education, with the consent of the commissioner of
education, are authorized to contract with 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 shall provide transportation for pupils
receiving gifted or career education between 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
percent of the actual cost of such transportation.

5. Boards of education, teachers and other employees of public schools
shall not be liable for harm to pupils caused by others while such
pupils are walking between public and nonpublic schools.

6. Boards of education are authorized to determine by resolution which
courses of instruction shall be offered, the eligibility of pupils to
participate in specific courses, and the admission of pupils. All pupils
in like circumstances shall be treated similarly.

* 7. a. Boards of education of districts providing career education
and gifted education services to non-resident students shall be entitled
to recover tuition from the district of residence of such students in
accordance with a formula promulgated by the commissioner by regulation.

b. In the case of the education for students with disabilities who are
residents of New York, a school district of location providing services
to non-resident students shall be entitled to recover costs of services,
costs of evaluation, and costs of committee on special education
administration directly from the district of residence of the student if
consent of the parent or person in parental relation is obtained to
release of personally identifiable information concerning their child.
If such consent is not obtained, the school district of location shall
submit to the commissioner, in a form prescribed by the commissioner, a
claim for costs of services, evaluation costs, and committee on special
education administrative costs that includes the address of the
student's permanent residence, including the school district of
residence, and a certification by officials of the nonpublic school
attended by the student that such address is the address of record of
such student. Upon certification by the commissioner of the amount of
such claim, the state comptroller shall deduct such amount from any
state funds which become due to such school district of residence.

c. The amount charged by the school district of location for services,
evaluation, eligible due process costs and committee on special
education administrative costs shall not exceed the actual cost to the
school district of location, after deducting any costs paid with federal
or state funds. The commissioner shall adopt regulations prescribing a
dispute resolution mechanism that will be available to a school district
of residence where such district disagrees with the amount of tuition or
costs charged by the school district of location.

* NB Effective until June 30, 2027

* 7. Boards of education of districts providing services to
non-resident pupils shall be entitled to recover tuition from the
district of residence of such pupils in accordance with a formula
promulgated by the commissioner of education by regulation.

* NB Effective June 30, 2027

8. Average daily attendance, as computed under the provisions of this
section, shall be included in the average daily attendance and average
daily membership of the school district furnishing services for all
purposes under the provisions of section thirty-six hundred two of this
chapter, except that it shall not be used in the computation of resident
weighted average daily attendance or total wealth pupil units or total
wealth foundation pupil units or of aid ratios.

9. Pupils enrolled in nonpublic schools for whom services are provided
pursuant to the provisions of this section shall receive such services
in regular classes of the public school and shall not be provided such
services separately from pupils regularly attending the public schools.

* 10. State and local funds provided by the district of residence
pursuant 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.

* NB Repealed June 30, 2027