N.Y. Education Law § 3602-c: Apportionment of moneys to school districts for the provision of services to pupils attending nonpublic schools

§ 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