N.Y. Comp. Codes R. & Regs. tit. 8 § 174.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 174.4 - Designation of school districts to receive nonresident students pursuant to education law, sections 2040 and 2045(1)

(a) Definitions. As used in this section:

(1) Sending school district means one in which pupils reside who will be educated in another district(s) and which contracts with another school district(s) for the education of such resident pupils.

(2) Receiving school district means one which contracts with a sending school district for the purpose of educating pupils residing in the sending school district.

(b) The board of education of the sending school district shall designate by resolution a receiving school district(s) for the purpose of contracting for the education of pupils residing in the sending school district. Such resolution shall be adopted no later than the first day of April preceding the school year in which pupils of the sending school district will be educated by the receiving school district.

(c) Within five days of such designation, the sending school district shall notify the receiving school district in writing of its intent to contract.

(d) The notice shall include an estimate of the numbers of pupils by grade level and the need for individualized education programs as applicable.

(e) Upon submission to the department of proof of extenuating circumstances, school districts may be permitted to contract for the education of pupils residing in the sending school district by the receiving school district despite a failure of the sending school district to adopt a timely designating resolution in accordance with the provisions of subdivision (b) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 174.4