S T A T E O F N E W Y O R K
________________________________________________________________________
979
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PHEFFER, MILLMAN, REILLY, TITUS, PAULIN, MARKEY,
PEOPLES-STOKES, CAHILL -- Multi-Sponsored by -- M. of A. GUNTHER,
HOOPER, McENENY, SCHIMEL -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00529-01-1
A. 979 2
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 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
A. 979 3
shall be treated similarly. FOR THE PURPOSES OF THIS SECTION STUDENTS
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.