N.Y. Education Law § 4115: Apportionment

§ 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.