New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter E - Elementary and Secondary Education
Part 120 - School Choice and Supplemental Educational Service Providers
Section 120.1 - Title I public school choice

(a) For school years prior to the 2018-2019 school year, each Title I LEA that has a Title I school in a Priority or Focus designation shall provide all students enrolled in the school the option to transfer to another public school served by the Title I LEA at the same grade level that is not a school identified as a persistently dangerous school pursuant to section 120.5 of this Part, or that is not a Priority or Focus School pursuant to section 100.18 of this Title, regardless of whether or not such school is receiving title I funds, to the extent required by section 1116(b)(1)(E) of the NCLB, 20 U.S.C. section 6316(b)(1)(E) (Public Law, section 107-110, section 1116(b)(1)(E), 115 STAT. 1479; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234); provided, however, that students enrolled in a school pursuant to public school choice under this section prior to the 2018-2019 school year shall continue to be given the choice to enroll in such school until such student completes the highest grade level of the school to which the student transferred. For school years commencing with the 2018-2019 school year, schools required to provide students enrolled in the school with the option to transfer to another public school served by the Title I LEA at the same grade level pursuant to section 100.21(i) of this Title shall be required to comply with this section. Nothing in this section shall be construed to confer a right to transfer to a magnet school or special focus school having entrance requirements based on academic or other skills without meeting such requirements, or to transfer to a school where such transfer would violate health and safety code requirements or would otherwise be in violation of law. If more than one school served by the Title I LEA meets the requirements of this subdivision, the Title I LEA shall provide the parents or other persons in parental relationship to such students with a choice of more than one such school, and shall take into account the preferences of the parents or other persons in parental relationship among the choices offered by the Title I LEA.

(b) In providing students the option to transfer to another public school served by the title I LEA, the LEA shall give priority to the lowest achieving students from low-income families as determined by the LEA for purposes of title I allocations.

(c) Transferring students shall have all the rights of students in the attendance zone of the receiving school, including the right to enroll in classes and participate in activities on the same basis as other students.

(d) Transportation shall be provided to the school the student attends to the extent required by sections 100.18 100.21 of this Title and the provisions of section 1116(b)(9) and (13), 20 U.S.C. section 6316(b)(9) and (13) or the applicable provisions of the Education Law (Public Law, section 107-110, section 1116(b)(9) and (13), 115 STAT. 1486 and 115 STAT. 1487; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).

(e) A student who transfers to another public school pursuant to this section shall be permitted to remain in that school until the student has completed the highest grade level in the school such student has transferred to.

(f) Upon the transfer of a student with a disability pursuant to this section or a student who is an individual with a disability covered by section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. section 794 ) (section 504), the school district shall ensure that the student continues to receive a free appropriate public education in accordance with the Individuals with Disabilities Education Act (IDEA) or section 504.

(g) In accordance with section 1116(b)(6) of the NCLB, 20 U.S.C. section 6316(b)(6) the title I LEA shall promptly provide parents or other persons in parental relation to students in priority or focus schools with notice of the student's option to transfer to another public school pursuant to this section (Public Law, section 107-110, section 1116[b][6], 115 STAT. 1483; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002; available at the Office of Counsel, State Education Building, Room 148, Albany, NY 12234).