New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter L - Finance
Part 175 - State Aid
Section 175.24 - Voluntary interdistrict urban-suburban transfer program
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 175.24
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Definitions. For the purposes of Education Law, section 3602(15) and this section:
(1) Minority pupil means a pupil who is of
Black or Hispanic origin or is a member of another racial minority group that
historically has been the subject of discrimination.
(2) Racial isolation means that a school or
school district enrollment consists of a predominant number or percentage of
students of a particular racial/ethnic group.
(3) Receiving district means a school
district participating in a voluntary interdistrict urban-suburban transfer
program which accepts transfer pupils for the purpose of reducing racial
isolation.
(4) Suburban district
means a noncity school district with a disproportionate number or percentage of
nonminority students that is located within the same county as, or within 50
miles of, an urban district, and participates in a voluntary interdistrict
urban-suburban transfer program.
(5) Transfer pupil means a pupil who has
voluntarily transferred to a new school district under an approved voluntary
interdistrict urban-suburban transfer program.
(6) Urban district means a city school
district with a disproportionate number or percentage of minority students that
participates in a voluntary interdistrict urban-suburban transfer
program.
(b) Application procedures.
(1) Urban and suburban districts
seeking voluntary interdistrict urban-suburban transfer program aid shall
submit their joint application for approval of the commissioner not later than
90 days prior to the proposed date of implementation of the program for the
particular school year.
(2) The
joint application shall be in a form prescribed by the commissioner and shall
contain such information as the commissioner may require, including, but not
limited to, the following:
(i) a needs
assessment;
(ii) racial/ethnic
enrollment data of the district;
(iii) the assurances required pursuant to
paragraphs (2) and (3) of subdivision (c) of this section;
(iv) a description of the program and planned
activities; and
(v) the evaluation
methodology to be used.
(c) Eligibility for aid. To be approved by the commissioner for purposes of eligibility for State aid pursuant to Education Law, section 3602(15) and this section, a school district voluntary interdistrict urban-suburban transfer program shall meet the following requirements:
(1) The
school districts shall demonstrate to the satisfaction of the commissioner,
through data showing anticipated decreases in the number and percentage of
minority pupils in the schools of the participating urban district and
anticipated increases in the number and percentage of minority pupils in the
schools of one or more participating suburban districts, that the program will
reduce racial isolation by transferring minority pupils, nonminority pupils or
both on a voluntary basis between participating urban and suburban
districts.
(2) Nonpublic school
student participation. The superintendent of schools of each participating
school district shall provide assurances that pupils enrolled in nonpublic
elementary and secondary schools located within the school district will be
afforded an opportunity to participate in the program on an equitable basis
where their participation would assist in achieving a reduction in racial
isolation in elementary or secondary schools. Nonpublic school students shall
not be included in the transfer pupil count pursuant to paragraph a of
subdivision 15 of section
3602 of the Education Law. The expenses
incurred by a school district for transportation of nonpublic school students
will, however, be eligible for aid pursuant to paragraph d of such
subdivision.
(3) Pupil
participation. The superintendent of schools of each participating school
district shall provide assurances that:
(i)
transfer pupils will not be selected solely for the purpose of improving upon
any of the receiving district's programs, activities or other areas of
nonacademic pursuits, such as athletics, interscholastic or extra-curricular
activities;
(ii) transfer pupils
will not be selected solely upon the basis that they are pupils with
handicapping conditions, are irregular in attendance, are considered to be a
disciplinary problem, are pupils of low academic performance, or are pupils
with other problems or conditions that the receiving district is not
specifically equipped to handle;
(iii) the receiving district will provide
transfer pupils with full access to, and the opportunity to participate in, all
educational programs, services and school activities that are available to
students who are residents of the district; and
(iv) provision will be made for the parents
of transfer pupils to participate in school/community activities affecting
education, even though they may not be residents of the receiving school
district.
(d) Final report. A final report containing such information as the commissioner may require shall be submitted to the commissioner no later than August 30th next following the school year for which aid was received.
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