§ 4115. Apportionment. 1. If the education of Indian children of a
reservation is being provided pursuant to the provisions of subdivision
two of section forty-one hundred one of this article, such Indian
children in attendance on the date construction is commenced shall be
included in the computation of a building quota pursuant to subdivision
six-a of section thirty-six hundred two of this chapter for the school
district providing such education. In the event that a district which
has furnished instruction to Indian children shall cease to furnish such
instruction, any building quota paid such district pursuant to the
provisions of such subdivision six-a shall be recomputed to remove the
Indian children from the computation of such building quota for such
district.

2. a. Except as otherwise provided in this subdivision, if the
education of Indian children of a reservation shall be provided pursuant
to the provisions of subdivision two of section forty-one hundred one of
this article, such Indian children shall be included in the pupils
deemed in weighted averaged daily attendance, average daily membership,
total aidable pupil units, total aidable foundation pupil units and
total wealth pupil units for the school district providing such
education and such Indian children shall be deemed to be resident pupils
of the district for the purpose of the computation of the apportionment
of public moneys to the school district providing such education.

b. During the first school year, beginning on or after July first,
nineteen hundred fifty-six, in which Indian children are educated in the
schools of a school district pursuant to the provisions of subdivision
two of section forty-one hundred one of this article, there shall be
apportioned and paid to each such school district the sum of:

(1) Three hundred thirty dollars for each Indian pupil in grades one
through six in average daily attendance during the month of October,
including kindergarten Indian children who attend for a full day. Where
kindergarten Indian children attend but one-half day the district shall
be entitled to one hundred sixty-five dollars for each such pupil.

(2) Four hundred twelve dollars and fifty cents for each Indian pupil
in grades seven to twelve inclusive in average daily attendance during
the month of October.

c. The provisions of paragraph b of this subdivision shall not apply
in respect to an Indian child who was not educated in an Indian school
maintained by the state of New York during a part of the school year
immediately preceding the school year in which such payment is made, but
shall apply to an Indian child who would have been educated in an Indian
school maintained by the state of New York during a part of the school
year in which such payment is made if the education of such Indian child
had not been provided for pursuant to the provisions of subdivision two
of section forty-one hundred one of this article.

d. In the event that a school district ceases to educate Indian
children pursuant to the provisions of subdivision two of section
forty-one hundred one of this article, any state aid received by such
school district during the ensuing school year by reason of the
attendance of Indian children during the last school year instruction
was furnished such Indian children shall be reduced by the amount of any
payment made such district during the first year Indian children were
educated in the schools of such district pursuant to the provisions of
subdivision two of section forty-one hundred one of this article by
reason of the attendance of such Indian children.

3. All children at the Thomas Indian school, and all Indian children
residing on any of the reservations of the state who are qualified to
enter a secondary school and whose parents are unable to provide such
education are eligible to appointment by the commissioner of education
as state pupils and as such to receive transportation to and from a high
school or vocational school on each day of attendance. Whenever such
high school or vocational school shall be in a city or district other
than one in which such pupils may have the legal right to attend without
charge, and where a charge is imposed on non-resident pupils, the state
shall also pay the required non-resident fee for tuition. The required
non-resident fee for tuition shall not exceed the total cost to the
school district of the education of such Indian children, less any
public moneys received by the school district by reason of the
attendance of such Indian children in regular day school, except any
public moneys received by the district as a building quota pursuant to
the provisions of subdivision six-a of section thirty-six hundred two of
this chapter. The commissioner of taxation and finance shall pay on the
warrant of the comptroller bills approved by the commissioner of
education from the appropriation for general support for the public
schools, out of such sum as may be appropriated for such support and
education of Indian youth for the amounts necessary for the purposes set
forth in this section.