N.Y. Comp. Codes R. & Regs. tit. 8 § 175.24

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

Section 175.24 - Voluntary interdistrict urban-suburban transfer program

(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, section3602 (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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 175.24