Current through Register Vol. 46, No. 12, March 20, 2024
(a) Definitions. As used in this section:
(1) Legally absent means to be absent for:
personal illness, illness or death in the family, impassable roads or weather,
religious observance, quarantine, required court appearances, attendance at
health clinics, approved college visits, military obligations, disciplinary
detention of an incarcerated youth, or for such other reasons as may be
approved by the commissioner.
(2)
Period of enrollment means that period commencing on the first day a pupil is
enrolled in and is physically present at, or legally absent from, a special
education program or service offered by a public school or by an approved
private school or facility, or an approved educational program or service for
incarcerated youth offered by a public school district or board of cooperative
educational services, or an educational program or service provided directly or
by contact to a homeless child by a public school district, and terminating on
the last day such pupil is enrolled in and is physically present at, or legally
absent from, such program or service.
(b) Attendance from September through June.
(1) A student with a disability who attends a
special education program or service offered by a public school or an approved
private school or facility during the school year from September through June
shall be deemed to be in attendance during the period of enrollment of such
pupil in such special education program or service.
(2) An incarcerated youth who attends an
approved 10-month educational program or service offered by a public school
district or a board of cooperative educational services during the school year
from September through June shall be deemed to be in attendance during the
period of enrollment of such youth in such approved educational program or
service.
(3) A homeless child for
whom the school district of current location or a school district participating
in an approved regional placement plan has been designated as the district of
attendance and who, pursuant to section
3202(8) of the Education
Law and section
100.2(x)
of this Title, attends an educational program or service provided directly or
by contract by a public school district during the school year from September
through June, shall be deemed to be in attendance during the period of
enrollment of such child in such educational program or service.
(4) The full-time equivalent (FTE) attendance
for each student with a disability, for each incarcerated youth attending a
10-month program or service, or for each homeless child, enrolled for less than
the maximum possible period of enrollment for the program or service shall be
calculated to three decimal places without rounding by computing the proportion
that the total number of weeks during the period of enrollment of such student
bears to the total number of weeks the program is operated. For the purpose of
this paragraph, three consecutive days of enrollment within the same week and
within the same month shall be the equivalent of one week of attendance,
provided that no more than four weeks of enrollment may be counted in any
calendar month.
(5) The tuition to
be charged for a student with a disability enrolled for less than the maximum
possible period of enrollment for the approved program shall be calculated by
multiplying the full approved program tuition rate by the full-time equivalent
attendance. The tuition to be charged for a homeless child who is a student
with a disability, attends an approved private school or facility, and is
enrolled for less than the maximum period of enrollment shall be calculated in
the same manner.
(c)
Attendance of students with disabilities during July and August.
(1) A student with a disability, including a
homeless child who is a student with a disability, shall be deemed to be in
attendance at an approved summer school or facility during the period of
enrollment of such student at such summer school or facility during the months
of July and August.
(2) The
full-time equivalent (FTE) attendance for each such student with a disability
enrolled for less than the maximum possible period of enrollment for the
approved summer program shall be calculated to three decimal places without
rounding by computing the proportion that the total number of weeks during the
period of enrollment of such student bears to the total number of weeks the
program is operated. For the purpose of this paragraph, three consecutive days
of enrollment within the same week shall be the equivalent of one week of
attendance.
(3) The tuition and
maintenance to be charged for such a student with a disability enrolled for
less than the maximum possible period of enrollment for the approved summer
program shall be calculated by multiplying the full approved summer program
tuition rate and the full approved summer program maintenance rate by the
full-time equivalent attendance.
(d) Attendance from July through June.
(1) Notwithstanding any other provision of
this section to the contrary, a student with a disability who lives in an
intermediate care facility and attends a special education program or service
offered by a public school or an approved private school or facility during the
12-month period from July through June shall be deemed to be in attendance
during the period of enrollment of such youth in such approved educational
program or service.
(2) An
incarcerated youth who attends an approved 12-month educational program or
service offered by a public school district or board of cooperative educational
services during the period from July through June shall be deemed to be in
attendance during the period of enrollment of such youth in such approved
educational program or service.
(3)
The full-time equivalent (FTE) attendance for each student with a disability
living in an intermediate care facility or for each incarcerated youth
attending a 12-month program for less than the maximum possible period of
enrollment for the program or service shall be calculated to three decimal
places without rounding by computing the proportion that the total number of
weeks during the period of enrollment of such student living in an intermediate
care facility or incarcerated youth to the total number of weeks the program is
operated. For the purposes of this paragraph, three consecutive days of
enrollment within the same week and within the same month shall be the
equivalent of one week of attendance, provided that no more than four weeks of
enrollment may be counted in any calendar month.
(4) The tuition to be charged for a student
with a disability who lives in an intermediate care facility who is enrolled
for less than the maximum possible period of enrollment for an approved program
shall be calculated by multiplying the full approved program tuition rate by
the full-time equivalent attendance.
(e) Reimbursement rates for private schools
receiving public funding pursuant to article 89 of the Education Law, will be
based on a minimum of 30 days between July 1st and August 30th, if a school
chooses to operate during the summer, and on a minimum of 180 days between
September 1st and June 30th; except that such rates shall be based on a minimum
of 210 days between July 1st and June 30th for private schools which choose to
operate a 12-month program which is attended by students with disabilities who
live in an intermediate care facility.