S T A T E   O F   N E W   Y O R K
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                                  4915

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by M. of A. PHEFFER, MILLMAN, REILLY, TITUS, PAULIN, MARKEY,
  ALESSI, PEOPLES, CAHILL, CARROZZA -- Multi-Sponsored by --  M.  of  A.
  EDDINGTON,  GUNTHER,  HOOPER, McENENY, SCHIMEL, SEMINERIO -- read once
  and referred to the Committee on Education

AN ACT to amend the education law, in  relation  to  authorizing  school
  districts  to  permit students who receive home instruction to partic-
  ipate in non-academic courses and programs at public schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  a  of  subdivision  2 of section 3602-c of the
education law, as amended by chapter 378 of the laws of 2007, is amended
to read as follows:
  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.  BOARDS OF EDUCATION MAY ALSO FURNISH NON-ACADEMIC SERVICES AND
PROGRAMS TO STUDENTS RESIDING IN THE DISTRICT WHO RECEIVE HOME  INSTRUC-
TION  AT THE 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 trus-
tees  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08616-01-9
              

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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 iden-
tified. For students first identified after March first of  the  current
school  year, any such request for education for students with disabili-
ties 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.
  S 2. Subdivision 2 of section 3602-c of the education law, as  amended
by chapter 474 of the laws of 2004, is amended to read as follows:
  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 custo-
dy of any such pupil.  BOARDS OF EDUCATION MAY ALSO FURNISH NON-ACADEMIC
SERVICES AND PROGRAMS TO STUDENTS RESIDING IN THE DISTRICT  WHO  RECEIVE
HOME  INSTRUCTION  AT  THE  REQUEST  OF  THE PARENT, GUARDIAN OR PERSONS
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 disabil-
ities, where a student is first identified as a student with a disabili-
ty  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.
  S 3. Subdivision 6 of section 3602-c of the education law, as added by
chapter 593 of the laws of 1974, is amended to read as follows:
  6. Boards of education are authorized to determine by resolution which
courses  of  instruction,  INCLUDING  NON-ACADEMIC COURSES AND PROGRAMS,
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.  FOR THE PURPOSES OF THIS  SECTION  STUDENTS

A. 4915                             3

WHO  RECEIVE  HOME  INSTRUCTION SHALL RECEIVE THE SAME OPPORTUNITIES FOR
PARTICIPATION IN NON-ACADEMIC  COURSES  AND  PROGRAMS  AS  STUDENTS  WHO
ATTEND NONPUBLIC SCHOOLS.
  S  4. This act shall take effect immediately, provided that the amend-
ments to subdivision 2 of section 3602-c of the education  law  made  by
section one of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 22 of chapter 352 of the laws of
2005,  as  amended, when upon such date the provisions of section two of
this act shall take effect.