N.Y. Comp. Codes R. & Regs. tit. 8 § 118.1
This Part shall apply to instructional programs provided pursuant to subdivision 7 of section 3202 of the Education Law to persons under 21 years of age who have not received a high school diploma and who have been incarcerated in a correctional facility maintained by a county or by the City of New York for 10 or more calendar days or who, in the judgment of the chief administrative officer of the correctional facility, can reasonably be expected to be incarcerated for a period of 10 or more calendar days. Such programs shall be the responsibility of the school district within which the correctional facility is located. The provisions of sections 118.2, 118.3 and 118.6 of this Part shall not apply to a city school district which operates, in accordance with the program requirements generally applicable to school district programs, an academy or an alternative high school at such a correctional facility and which elects, pursuant to Education Law, section 3602 (35), to receive applicable aid pursuant to other provisions of section 3602 of the Education Law in lieu of any aid provided pursuant to Education Law, section 3602(35).
N.Y. Comp. Codes R. & Regs. Tit. 8 § 118.1