N.Y. Education Law § 3305: Placement and attendance

§ 3305. Placement and attendance. 1. When the student transfers before

or during the school year, the receiving state school shall initially

honor placement of the student in educational courses based on the

student's enrollment in the sending state school and/or educational

assessments conducted at the school in the sending state if the courses

are offered and there is space available as determined by the local

educational agency. Course placement includes but is not limited to

honors, international baccalaureate, advanced placement, vocational,

technical and career pathways courses. Where the local educational

agency contracts with a board of cooperative educational services to

deliver such courses, the local educational agency and the board of

cooperative educational services shall arrange to enroll the student in

the applicable board of cooperative educational services program where

there is space available. Continuing the student's academic program from

the previous school and promoting placement in academically and career

challenging courses should be paramount when considering placement. This

does not preclude the school in the receiving state from performing

subsequent evaluations to ensure appropriate placement and continued

enrollment of the student in the courses.

2. The receiving state school shall initially honor placement of the

student in educational programs based on current educational assessments

conducted at the school in the sending state or participation/placement

in like programs in the sending state, provided that the programs and/or

courses exist and there is space available, as determined by the local

educational agency. Such programs include, but are not limited to,

gifted and talented programs and English as a second language. Nothing

in this subdivision shall preclude the school in the receiving state

from performing subsequent evaluations to ensure appropriate placement

of the student.

3. (a) In compliance with the federal requirements of the individuals

with disabilities education act, 20 U.S.C.A. section 1400 et seq, the

receiving state shall initially provide comparable services to a student

with disabilities based on his or her current individualized education

program; and

(b) In compliance with the requirements of section 504 of the

rehabilitation act, 29 U.S.C.A. section 794, and with title II of the

Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, the

receiving state shall make reasonable accommodations and modifications

to address the needs of incoming students with disabilities, subject to

an existing 504 or title II plan, to provide the student with equal

access to education. This does not preclude the school in the receiving

state from performing subsequent evaluations to ensure appropriate

placement of the student.

4. Local educational agency administrative officials shall have

flexibility in waiving course or program prerequisites, or other

preconditions for placement in courses or programs offered under the

jurisdiction of the local educational agency.

5. A student whose parent or legal guardian is an active duty member

of the uniformed services, as defined by the compact, and has been

called to duty for, is on leave from, or immediately returned from

deployment to a combat zone or combat support posting, shall be granted

additional excused absences at the discretion of the local educational

agency superintendent to visit with his or her parent or legal guardian

relative to such leave or deployment of the parent or guardian.