Handbook on Services to Pupils Attending Nonpublic Schools

I. Health Services

Please visit our Health Services webpage.

II. Homebound Instruction

A nonpublic school pupil unable to attend school because of physical, mental, or emotional illness or injury as substantiated by a licensed physician is eligible to be instructed at home or in a hospital by a tutor provided by the school district in which the pupil resides. If a prolonged absence is foreseen and such instruction seems appropriate, it is recommended that the administrator of the nonpublic school discuss with parents the possibility of arranging for homebound instruction. An absence of two weeks is generally considered a prolonged absence. This should be verified by a statement from the pupil’s physician. The parents should then be encouraged to contact the public school district and make arrangements for instruction to begin as soon as possible. If the parents so desire, the nonpublic school administrator could make the contact with the district.

Commensurate with C.R. 175.21, instruction should be provided for a minimum of five hours per week, preferably for one hour per day, at the elementary level and for a minimum of ten hours per week, preferably two hours per day, at the secondary level. During the period of time that the pupil receives instruction under the auspices of the public school district, the district may claim the pupil for State aid purposes.

Communication between nonpublic school personnel and the tutor employed by the district is essential to ensure continuation of the pupil’s normal program. The nonpublic school administrator should make textbooks, other materials, and appropriate records of the pupil available to the tutor as instruction begins. At the conclusion of this interim service, the tutor should submit to the nonpublic school a report of the pupil’s progress during the period of homebound instruction.

Questions and Answers

Who is eligible to receive homebound instruction?

A resident of the public school district enrolled in a public or nonpublic school is eligible for this service if qualified. Home instruction is a form of tutorial services, provided to public or nonpublic students, by the public school district of residence. These services are provided in accordance with Commissioner's Regulations 175.21 to students who are unable to attend their public or nonpublic school because of  physical, mental, or emotional illness or injury.   Parents requesting these services must comply with local board of education requirements to provide medical verification of the student’s inability to attend school for a time that exceeds the number of days required by the district (about 10 days).

Tutorial services are also used by public schools to comply with compulsory education requirements (Education Law 3205) for students unable to attend school because they have been suspended.

If the parents and public school are in disagreement concerning the validity of the medical reason provided for the student not to attend school, the parents should encourage and provide permission for their private physician to discuss his/her recommendations with the Public School Medical Director. Parents also have the right to ask that their child be evaluated by the public school for special education or Section 504 needs pursuant to the federal, Individuals with Disabilities Education Act (“IDEA”).  Parents may appeal school practices to their board of education and then the Commissioner of Education that they believe to be unlawful.  Educational laws and the Regulations of the Commissioner of Education may be reviewed at Student Support Services: Key Laws and Regulations. Directions for making an appeal to the Commissioner of Education are available on the Appeals webpage.
Who provides homebound instruction?

A teacher holding certification at the appropriate level provides the instruction. The district of residence is responsible for providing the teacher but it may, if appropriate, contract with another district to provide this service.
When should homebound instruction begin?

Instruction should begin as soon as possible after the parents have notified the public school district and provided a statement by the pupil’s physician that the pupil will be hospitalized or homebound for more than two weeks.
How is a pupil’s enrollment status affected during the period of homebound instruction?

The pupil should enroll in the public school for the purpose of receiving homebound instruction and the district may count the student in its attendance report for State aid purposes.
Where should homebound instruction take place?

The site for instruction depends on the physical condition and location of the pupil. Every effort should be made to provide an environment conducive to learning and in which the health and safety of both the pupil and tutor are assured. Instruction may be provided in the home or hospital. If the student was suspended from school, instruction may be provided in the local library if appropriate space is not available in school district buildings.
Can a public school district delay or deny homebound instruction?

Homebound instruction should begin as promptly as possible. However, on rare occasions it may be necessary to withhold or delay the provision of homebound instruction. Exceptional circumstances, such as health hazards to others caused by a communicable disease, should be documented by an appropriate professional.
How long must homebound instruction continue to be available?

This service must be made available until the pupil is capable of returning to school. If a question arises about this, the public school district should consult with the pupil’s physician.
If a pupil attends school part-time, e.g. three days a week, is the pupil entitled to homebound instruction?

In most cases, no. However, in cases in which the student has an Individualized Educational Program (IEP) or a Section 504 plan which clearly establishes a need for homebound instruction on a part-time basis, exceptions may be made.

III. Textbook Loan Program

Section 701 of Education Law requires all school boards to purchase and to loan textbooks on an equitable basis to all pupils residing in the school district who are attending kindergarten through grade twelve in any public or nonpublic school. Parents are responsible for requesting the loan of textbooks their children need from the district in which they live. Each board of education is responsible for purchasing and loaning only textbooks that are nonsectarian.

The obligation of boards of education to provide textbooks for resident pupils is limited only by (a) existing stocks of textbooks available for use in public and nonpublic schools and (b) the total annual amount available for purchase of textbooks, which includes an apportionment from the State. Each school district receives funds from the State from the textbook loan program based on the number of pupils resident in the district. The current State apportionment is $58.25 times the number of resident pupils. This is the amount the district receives; it is not a formula for districts to use in providing textbooks. There is no limit on the amount a district may spend for a given pupil. No pupil may be denied textbooks for financial reasons if the district has not expended an amount equal to the State apportionment for textbooks.

The law requires that parents submit written requests for the loan of textbooks to the public school district in which the pupil resides. It is the responsibility of the nonpublic school administrator to provide the parents with the list of books their children need in a timely fashion so that the parents may submit their requests to the district. For the convenience of the public school officials, nonpublic school administrators may collect requests from parents and submit the list collectively to the public school district. If this is done, the nonpublic school administrator must keep the individual parental requests on file. Parents of pupils attending the public schools in the district of residence are not required to submit such requests because school officials know which textbooks are to be used.

A board of education may specify a date by which requests for textbooks must be received by the district. Notice of the date, which cannot be earlier than June 1 for requests for the following year, must be given to all nonpublic schools. Also, a parent or guardian of a pupil not attending a particular nonpublic school prior to June 1 may submit a written request for textbooks written within 30 days after the pupil is enrolled in the nonpublic school.

It must be noted that a district is not required to establish a cutoff date for receipt of requests for textbook loans. However, if the district decides to set a date, it may not establish a date before June 1 of the year prior to that for which textbooks are requested. Nonetheless, requests should be submitted well before this date to ensure that books are delivered by the opening of school in the fall.

Certain newspapers and news magazines are included within the definition of a textbook for purposes of the textbook loan program. In order to be considered a textbook, the newspaper or news magazine must be one of general circulation distributed at least once a week and meet other criteria listed in the Question and Answer segment of this section.

Through requests for the loan of textbooks, the school district ascertains needs in the various subjects of public and nonpublic school pupils. The number of textbooks needed is then checked against existing book stocks to determine the number of textbooks that the district may be required to purchase. The total cost of the books being considered for purchase is then checked against the budgeted appropriation. If the total cost does not exceed the appropriation, purchase and distribution should proceed smoothly. If, on the other hand, the total cost exceeds the appropriation, the board will need to determine whether it wishes to exceed the appropriation. If so, it may increase the textbook appropriation or it may transfer money from other accounts into the textbook budget. If not, the board must determine the subject areas and grade levels for which it will not be able to provide textbooks for pupils in public and nonpublic schools.

If the board of education decides it should spend more than the appropriation, but not as much as is required to purchase all of the textbooks to meet the needs of all resident pupils attending public and nonpublic schools on an equitable basis, it must then determine in which subject areas or at which grade levels it will not be able to loan textbooks. As this decision will affect pupils in both public and nonpublic schools, the board is encouraged to discuss this matter with nonpublic school officials before making a decision about which textbooks will not be provided.

A school district may follow the usual procedure of purchasing textbooks directly from the vendor. If a school district wishes, it may contract with another school district or a Board of Cooperative Educational Services whereby that entity will purchase the textbooks and also may distribute them to the pupils. Under this arrangement, the board of education of the district in which the pupils reside does not relieve itself of the responsibility for the approval of accountability for the textbooks or for the payment for them.

The public school district must provide books to nonpublic and public school pupils on an equitable basis. The district may spend more than the State-allocated total of $58.25 times the number of resident pupils, but all purchases must be distributed equitably among both public and nonpublic school pupils based on the needs of the pupils. For example, one pupil might require books totaling $50 and another require books that necessitate no new expenditures because they are already in the district’s inventory. It is the district’s responsibility to provide the books needed for each pupil’s instructional program.

Textbook purchases are ordinary contingent expenses. Even in cases where budgets are defeated by the voters, the board has the duty to purchase and loan textbooks up to the mandated amount as well as the power to purchase and loan textbooks in excess of that amount.

In preparing its State aid forms a public school district may include the purchase price of the textbooks under textbook expenses. The cost of freight or postage for transporting such textbooks from the vendor to the district may be included in textbook expenses if the cost of the total amount of textbook expenses for all pupils in the district is less than the total State maximum aidable amount for the district. Otherwise, freight or postage should be included in operating expenses of the district. Orders for textbooks may not be limited by the district in order to reserve funds for the purpose of transporting of such materials. The district may include in its regular operating expense other expenditures relating to the textbook loan program such as distribution, storage, administrative expenses, but these expenditures may not be included for textbook aid purposes.

All textbooks remain the property of the school district and such ownership should be indicated in or on each book by labels or other appropriate methods of identification. The board of education may require that textbooks be returned to the district at the end of the school year. In cases where textbooks are used only for one semester, the board may require that they be returned at the end of the semester. The board of education may, if it wishes, enter into an agreement with a nonpublic school to store textbooks in the nonpublic school. In such cases, the district may not pay storage charges of any kind to the nonpublic school, nor may the nonpublic school charge the district for any administrative costs involved.

Since the law provides that textbooks be "loaned free" to pupils, no fees may be assessed in connection with the textbook loan program. The law authorizes school boards to make reasonable rules and regulations governing the loan of textbooks which may contain requirements for reimbursement by the pupil to the school district for damage, loss, or destruction of loaned books. Such rules and regulations must apply to both public and nonpublic school pupils and should be distributed to parents and pupils at the time books are loaned.

Students with disabilities attending private schools approved for the education of students with disabilities and for which there is a State-approved tuition rate are not eligible to request the loan of Instructional Materials Aid, including textbook, software, hardware and library materials, from public school districts under this program. The established tuition rate covers "the per pupil cost of all instructional services, supplies and equipment" and, therefore, the approved private schools should acquire appropriate materials directly as such costs are reimbursed through the tuition rate.

Questions and Answers

What is the definition of textbook?

A textbook is any book or a book substitute, including hard-covered or paperback books, workbooks designed to be written in and used up, certain newspapers and news magazines and manuals which a pupil is required to use as a text or a text-substitute in a particular class or program as a primary source of study material intended to implement a major part of a State or local curriculum.
What materials are excluded under the textbook loan law?
- Reference materials - encyclopedia, almanacs, atlases, and general and special dictionaries, except that dictionaries individually assigned to all pupils in a particular class or program as a textbook substitute are considered as textbooks.
- Supplementary materials - supplementary textbooks, novels, and other fiction, magazines, newspapers, and audiovisual materials normally housed in the school library or instructional materials center for short-term use by pupils.
- Other materials - tests and testing material, teachers’ editions of textbooks, review books, and materials in kit form.
Which newspapers and news magazines can be part of textbook loan program?

Those newspapers and magazines which meet all the following criteria can be purchased and loaned as part of the textbook loan program:
- Have a general circulation and be printed and distributed at least once a week.
- Have a paid circulation within the school district.
- Be entered with the U.S. Postal Service as second-class matter.
- Be available to schools on the date of publication at a discount of not less than 33 1/3 percent from the regular price.
- The publisher must regularly supply study guides without charge.
May books be ordered which are authored by clergy or religious?

Yes. Authorship by a member of the clergy alone does not exclude the book. The determining factor is that the content is secular in nature. Textbooks containing an imprimatur may not be ordered.
Must a nonpublic school use the same textbooks as a public school?

No. The choice of textbooks to be used in any school is made by that school’s personnel. However, the school district may purchase and loan to its resident students only those books which have been approved by any school board in the State. If a question is raised about this, the nonpublic school administrator is advised to ask the publisher of the textbook about its use in other districts.
Are all resident pupils in kindergarten through grade 12 eligible for the loan of textbooks?

Yes
Before it receives and reviews textbook requests from nonpublic schools, may a board of education decide which textbooks will not be purchased?

No. Such a decision can only be made after all requests are received and the board has assessed all the needs and resources.
Once a textbook has been selected for a specific course, must it be retained for a specified period of time?

The law specifies a five-year period for public schools but gives a school board the authority to override this requirement by a three-fourths vote. This provides flexibility when a new edition or change in instructional approach makes the former selection substantially inferior or ineffective.
The law does not specify a time period for textbooks used by pupils attending nonpublic schools. However, nonpublic schools are strongly urged to retain textbooks for a five-year period.
Must textbook requests be submitted to the board of education by a certain date?

The law allows a board of education to set a date by which the districts must receive requests for textbooks loans, but this date cannot be earlier than June 1 of the year preceding that for which textbooks are requested. It is recommended that nonpublic and public school administrators agree on a reasonable date and assemble textbook requests during the spring. This will ensure that textbooks are ordered in a timely fashion.
What is the obligation of the parents of pupils attending nonpublic schools?

Parents of pupils attending nonpublic schools must submit to the board of education of their district of residence a written request for the textbooks needed by their children during the coming year. This request should include the information necessary to provide the books such as title, author, publisher, and copyright date. The request may be submitted through the nonpublic school.
What is the obligation of a nonpublic school administrator with regard to the loan of textbooks?

A nonpublic school administrator must provide parents with the information necessary to request textbooks of their boards of education. Such information should include title, author, publisher, copyright date, and any other information necessary for processing the request.
Is the nonpublic school administrator required to submit collectively the parents’ requests for textbooks?

No. However, such an arrangement is allowed and can expedite the textbook loan process. Many school districts have made such arrangements with nonpublic school administrators and they have proven to be effective.
May a board of education appropriate an amount less than the State apportionment to the district for the purchase of textbooks?

No. The law mandates that a board of education appropriate no less than its apportionment from the State. The current State apportionment is $58.25 times the number of resident pupils.
May a district reserve part of the State apportionment to cover transportation, shipping, handling or administrative costs for the textbook loan program?

No. Orders for textbooks may not be limited by the district in order to reserve fund to cover these costs. The costs may be included in textbook expenses if the total amount of textbook expenses for all pupils in the district is less than the total State maximum aidable amount for the district. Otherwise, freight or postage should be included in operating expenses of the district.
May a board appropriate more than the State apportionment for textbooks in the annual budget?

Yes. There is no limit to the amount a board of education may budget for textbook purposes.
May a district limit the textbook requests from a nonpublic school pupil to a specific amount based on the State apportionment?

No. Textbooks must be loaned on the basis of individual pupil needs. The State formula for apportioning textbook funds cannot be applied to the distribution of textbooks within a district.
What must a board of education do if it does not have the resources needed to fulfill the textbook needs of all resident pupils?

The board of education must decide how it will distribute equitably the books which it owns and the books which can be purchased from textbook funds. This will mean that some pupils may not receive all needed books. The board must decide which books it will not purchase. Any decision the board makes must apply equitably to pupils in both public and nonpublic schools and should involve nonpublic school officials in the decision-making. The board cannot require only pupils attending nonpublic schools to purchase textbooks.
Is it equitable treatment for all pupils to receive the same number of books?

Probably not. Pupils’ needs vary greatly depending upon grade level, school attended, or course of study. Books should be loaned on the basis of individual need.
Is it equitable treatment for all pupils to be allowed the same amount of money for textbooks?

No. Equitable treatment is not related to equal dollars. Books are to be loaned on the basis of individual pupil need.
What is an example of equitable treatment when the board does not have the necessary resources to fulfill all requests?

An example of equitable treatment is that a board might decide not to provide consumable workbooks in certain subject areas or to pupils in certain grade levels. For example, it might not provide reading workbooks to pupils enrolled in grades three and four in both public and nonpublic schools. Any such decision should be discussed with nonpublic school administrators, who are urged to be sensitive to the budgetary constraints in the school district.
Does the board of education have the responsibility for notifying parents of nonpublic school pupils that it is unable to provide all the textbooks requested?

Yes. Nonpublic school parents and school administrators must know as early as possible which textbooks will and will not be available. It is unfair to pupils if notices are not received in a timely manner.
If a public school district increases the funds available for textbook purchases during the course of a school year, must the district inform nonpublic school administrators of this action?

Yes. The district must notify nonpublic school administrators of the availability of additional funds and give them the opportunity to request additional purchases if original requests for books were not filled.
How are a public school district’s expenditures for textbooks reported to the State?

The district must report on the A2110.48 annual financial report all expenditures for materials eligible for purchase under the textbook loan program.
Is a board of education required to provide textbooks to pupils who become residents of the district after the school year has begun?

Yes. The board must provide textbooks to new residents if the books are available in the inventory or if there are sufficient funds in the textbook account. Boards are encouraged to make every effort to respond to the needs of such pupils in both public and nonpublic schools and are allowed to transfer money from other accounts into the textbook account.
In schools which use an individualized approach to learning may texts on different levels be purchased for pupils in the same class?

Yes. The law does not require every pupil in the same class to use the same book.
Is a board of education required to purchase or loan textbooks for use at summer school?

No. There is no requirement that a board purchase textbooks specifically for use at summer schools. A board may, however, loan to summer school pupils the textbooks it already owns. These books must be loaned to both public and nonpublic school pupils on an equitable basis.
Does the law authorize the board of education to make reasonable rules covering the loan of textbooks?

Yes. Such rules apply equally to both public and nonpublic school pupils. It is good practice that such rules are shared with parents and pupils prior to the distribution of textbooks and periodically thereafter.
May a district charge a parent or a nonpublic school for transportation, shipping, or administrative costs connected with textbook loans?

No. It is not permissible for a district to make such charges.
May books be shipped from a vendor to a nonpublic school?

Yes. Such an arrangement is permissible. However, if the nonpublic school requests this service, the nonpublic school may be required to pay the total shipping costs.
May a board of education charge parents for the damage, loss or destruction of the loaned textbook?

Yes. This charge would apply equally to parents of public and nonpublic school pupils.
Are the nonpublic schools responsible for storing books no longer in use?

No. The books belong to the school district and are its responsibility. However, a school district may enter into an agreement with the nonpublic school to store books in the nonpublic school. The nonpublic school may not charge the school district for any administrative costs involved.
What should a board of education do with textbooks that are obsolete or no longer used?

A board of education may dispose of outdated textbooks as it sees fit. It is advisable to keep a record of the disposition of any textbooks.
Is there anything in Section 701 of the Education Law (New York State Textbook Law) or Part 21 of the Rules of the Board of Regents that prohibits a school district from receiving textbook aid for the purchases of used textbooks?

No. As long as the textbooks satisfy all other requirements for the definition of a textbook as contained in Subdivision 2 of Section 701 of the Education Law and Section 21.1 of the Rules of the Board of Regents, used textbooks may be purchased.
May a public school district which has an "approved book list" limit requests for textbooks to those titles on the list?

No. Section 701 of the Education Law and Part 21 of the Rules of the Board of Regents do not prohibit a nonpublic school from using a textbook of its own choosing, provided that book meets the definition of a textbook as contained in Subdivision 2 of Section 701 of the Education Law and Section 21.1 of the Rules of the Board of Regents.

IV. Computer Software Loan Program

Sections 751 and 752 of Education Law provide for a computer software loan program in which public school districts purchase and loan computer software programs to both public and nonpublic school pupils. Currently each district receives a maximum apportionment from the State of $14.98 per child enrolled in kindergarten through grade 12 in any public or nonpublic school located within the district. In addition, pupils residing in the district and attending BOCES and certain special programs for students with disabilities may be claimed in the apportionment. The funds are to be used to purchase and/or loan computer software programs which nonpublic and public school pupils will use as learning aids.

Written requests for the loan of computer software programs to pupils enrolled in nonpublic schools must be presented to appropriate public school officials of the district in which the nonpublic school is located. Such requests are not required of public school pupils. While the written requests may be submitted by individual pupils or groups of pupils to the district, it is recommended that pupils in nonpublic schools submit their requests through their nonpublic school administrators. The most efficient way to handle the requests is generally for the nonpublic school administrator to collect individual pupil requests and submit them with the enrollment figure directly to the district.

It is the responsibility of the nonpublic school administrator to inform the district in which the school is located of the total number of pupils enrolled in the school as of the first school day of October of the base year; that is, the school year preceding the one for which the request is made. It is also the responsibility of the nonpublic school administrator to identify the computer software programs the pupils need and to convey this information to the district. All requests should be submitted to the district in a timely fashion and in accordance with the schedule set by the district after consultation with nonpublic school administrators. The request for new computer software programs should not exceed the sum of $14.98 times the number of pupils enrolled in the nonpublic school in the base year. The computer software programs requested for loan to nonpublic school pupils should be compatible with computers in the nonpublic school but there is no necessity for them to be compatible with computers in the public school.

Only computer software programs that do not contain material of a religious nature may be purchased by a public school district. The computer software programs purchased under this legislation remain the property of the district and such ownership should be indicated on each item either by means of label or other method of identification. The district is not required to loan software programs purchased prior to this legislation or purchased with other funds.

All material acquired pursuant to this legislation is to be loaned free and on an equitable basis to pupils in both public and nonpublic schools. The district may not charge any transportation, shipping, handling or administrative costs to the funds appropriated under this legislation. Such costs must be counted by the district as ordinary contingent expenses. However, if the nonpublic school requests that computer software be shipped directly to the school, the nonpublic school may be required to pay shipping costs.

The district may, if it wishes, enter into an agreement with the nonpublic school to store the computer software programs in the nonpublic school. In that case, the district may not pay storage charges of any kind to the nonpublic school.

The district may establish rules governing the loan of computer software programs which may require a pupil to reimburse the district for the damage or loss of loaned programs. Such rules must apply to both public and nonpublic school pupils.

For resident pupils in kindergarten through grade 12 students with disabilities attending a BOCES full-time, the request for loan of computer software programs must be made to the district in which the pupil resides, not to the district in which the BOCES program is located.

In summary, the responsibilities of the nonpublic school administrator are to submit to the district the total number of pupils enrolled in kindergarten through grade 12 of the nonpublic school and the list of computer software programs requested for their use. The district will purchase and loan these programs up to a maximum cost of $14.98 times the number of pupils enrolled in schools in the district. In turn, the district will receive an apportionment from the State not to exceed $14.98 per pupil. Public and nonpublic school administrators are encouraged to cooperate to the fullest extent to ensure the smooth and efficient administration of the program.

Questions and Answers

What is the definition of computer software?

Computer software is defined as prepared educational programs which are subject-oriented and which are prepared for use by pupils in conjunction with computers. These computer software programs must be required for use as learning aids in a particular class or program.
What materials are excluded under the computer software program?

Computers, blank diskettes or cassettes or tapes, chips (except those which are part of a software package), computer correction devices, consoles, cords, blank disks, disk drives, and other similar items of hardware are excluded under this program. Any computer software programs which are sectarian in nature may not be purchased by a school district.
Are all pupils enrolled in kindergarten through grade 12 in schools within a district eligible to borrow computer software from the district?

Yes. All pupils enrolled in schools within the district are eligible to participate in this program, with the exception of special schools, as noted above, and of kindergarten pupils who are younger than the age of admission to the kindergarten of the public school district.
How much money does the district receive for this program?

The district receives an amount equal to its current year’s expenses for computer software programs not to exceed a maximum allocation of $14.98 times the number of enrolled pupils.
How is the amount of money a district receives determined?

The maximum allocation from the State is based on the enrollment figures in kindergarten through grade 12 as of the Basic Educational Data System reporting date of the base year; that is, the school year preceding the current school year. This figure is multiplied by $14.98 per pupil. The district submits this information to the State on State Aid Form SA 102.
How should the nonpublic school notify the district of the enrollment?

The district should request and the administrator of the nonpublic school should send a letter to the district certifying the number of pupils enrolled in the school during the base year.
When should requests for the loan of computer software programs to nonpublic school pupils be submitted?

While the law does not specify a date, the nonpublic school administrator is urged to assemble and submit requests to the public school district in the spring before the year in which the programs will be used. This is to ensure that the computer software programs are available for pupil use in the fall.
If computer software programs are not ordered in one school year, can the funds be carried over and used for additional orders in the following year?

No. Funding for this program is on an annual basis and there is no provision for a carryover of funds from one year to the next.
Which computer software programs is the district obligated to loan?

Computer software programs purchased with funds under this legislative authority are available for loan by the district to pupils attending nonpublic schools. The district should identify all computer software programs purchased with these funds and they must be made available to all pupils on an equitable basis. Computer software programs purchased with other monies are not subject to the provisions of this program.
May a district limit computer software program purchases for use with specific computers?

No. Any computer software program requested for loan by nonpublic school pupils should be compatible with the computers available for their use.
Must computer software programs loaned to nonpublic school pupils under this legislation be compatible with the computers in the public schools?

Not necessarily. It is essential that the computer software programs ordered be compatible with the computers in the school the pupil attends.
May a nonpublic school order computer software programs directly and bill back the public school district?

No. It is the responsibility of the district to purchase the computer software programs requested by nonpublic school pupils.
May a district levy any charges such as shipping, handling and transportation costs to nonpublic schools, parents, or pupils for participation in this program?

No. These materials are to be loaned free to pupils and no fees may be assessed.
What information should the nonpublic school administrator provide to the district?

The administrator should provide the total enrollment of the base year and a listing of all the computer software programs needed by the pupils. In listing the programs the administrator should include the titles of the programs, level, source and any other information necessary for processing the request.
Does the law authorize the board of education to make reasonable rules covering the computer software program?

Yes. Such rules must apply equally to public and nonpublic school pupils.
May a district charge pupils for damage, loss, or destruction of computer software programs?

Yes. This charge must apply equally to public and nonpublic school pupils.
May boards of educational services (BOCES) provide the service needed to administer the computer software programs for local school districts?

Yes. If two or more districts request this service from BOCES and other BOCES guidelines are met, BOCES is required to provide this service.
May a district lease computer software programs under this loan program?

Yes. Funds may be used to lease computer software programs. Funds must be expended on an annual basis; that is, a three-year lease arrangement cannot be paid in one lump sum but would have to be spread over three annual installments.
Where may the computer software programs provided under this loan program be housed?

During the school year it is appropriate for the programs to be kept at the nonpublic school so that they are available to the students. They must be kept in a place convenient for student usage such as the media center, library or classroom. During the summer districts may find it best to leave the programs in the nonpublic school or they may wish to recall them and redistribute them in the fall of the following year.

V. School Library Materials Loan Program

Sections 711 and 712 of Education Law provide for the establishment of a program in which public school districts purchase and loan school library materials required for use as a learning aid in a particular class or program. Both printed materials and audio-visual materials may be loaned.

Under this program, each student in the State enrolled in kindergarten through grade 12 may borrow library material in the amount of $6.25. The money for this program flows through the local school district. The total amount of this allocation to each district is based on the total school enrollment as of the first school day of October of the base year, that is, the school year preceding the one for which the request is made. All materials acquired under this legislation are loaned free and on an equitable basis to pupils in both public and nonpublic schools.

Since the school library materials loan program is administered in the same manner as the computer software loan program, information in the computer software question and answer section is applicable to the library materials loan program.

VI. Transportation for Students Enrolled in Nonpublic Schools

Section 3635 of the Education Law requires all non-city districts to provide transportation for pupils enrolled in kindergarten through grades 8 who live more than two miles from the school they attend and for pupils enrolled in grades 9-12 who live more than three miles from the school they attend up to a distance of fifteen miles. The distances in each case are measured by the nearest available routes from home to school. In order to obtain transportation for their children, parents must file requests with the district in which they live by April 1 of the preceding school year or within 30 days of moving to the district. It is the responsibility of both public and nonpublic school administrators to make sure that parents are aware of these deadlines far enough in advance so that they can submit their requests on time.

There are two ways in which transportation can be provided for pupils who live beyond the mileage limits specified in the law. First, with voter approval, non city school districts may provide transportation beyond specified limits. A second way is through what is known as the pickup point law. This provision of the Education Law requires school districts which are currently transporting pupils to a nonpublic school to designate one or more public schools as centralized pickup points for nonpublic school pupils who live beyond the 15-mile limit. The parent must arrange to get the pupil to and from the pickup point; the district then transports the pupil between that point and the nonpublic school. In order for the pickup point arrangement to be operative, the school district must currently be providing transportation to that nonpublic school for at least one pupil who lives within the prescribed mileage limits.

In addition to the required "pickup point" transportation, a recent change in law also permits a board of education at its discretion to provide transportation for pupils residing more than fifteen miles from a nonpublic school under the following conditions:

the distance between the centralized pickup points and the nonpublic school is not more than fifteen miles, and
if such transportation had been provided from one or more centralized pickup points to the same nonpublic school in at least one of the immediately preceding three school years.

City school districts and the city portion of enlarged city school districts are not required to provide transportation, except for suitable transportation for children with handicapping conditions. These districts may, however, by a majority vote of the board of education, opt to provide transportation. If transportation is provided, it must be provided equally to all pupils in like circumstances, those attending both public or nonpublic schools.

In accordance with the provisions of Section 3635 enlarged city school districts are required to provide transportation for those pupils residing within the enlarged portion of the city. The enlarged portion is created by authorization of the Commissioner of Education for the consolidation of city school districts of cities of less than 125,000 inhabitants with areas contiguous to the city school district. The areas may consist of one or more union free, common, or central school districts. Thirty-four of the 56 city school districts in the State contain enlarged portions.

Section 3635 also provides that New York City public school officials must by June 1 of each year notify administrators of nonpublic schools to which transportation has been requested of the public school calendar for the following year. Nonpublic school administrators may then request transportation on five days when the nonpublic schools are in session and the public schools are closed (excluding Saturdays, Sundays, and legal holidays). The five days must be selected from: the Wednesday, Thursday, and Friday following Labor Day, Rosh Hashanah, Yom Kippur, and the week between Christmas Day and New Year's Day. In no case will transportation provided by New York City exceed 180 days.

School districts may, if they so desire, offer late bus transportation to allow pupils to take advantage of after school activities and programs. If such transportation is provided, it must be made available equally to nonpublic and public school pupils. Any policies established by the board of education relating to late bus transportation must also apply equally to nonpublic and public school pupils. Parents should request late bus transportation as soon as the need is evident, but there is no statutory deadline for the submission of requests. Parents are urged to file requests at the earliest possible date. The administrator of the nonpublic school should discuss late bus needs with public school district personnel as plans are made each year.

Another provision of Section 3635 authorizes a board of education, at its discretion, to provide transportation to students in kindergarten through grade 8 between school and/or after school child-care locations within the district. If this transportation is provided, it must be provided to all children in like circumstances residing in the district. A board of education is not authorized to provide transportation between a child-care location and the pupil's home.

Section 3635 further allows a board of education, at its discretion, to provide transportation for a child of less than school age residing within the school district to and from the school which his or her parent legally attends. The conditions under which this can take place are: (a) the child is accompanied by the parent; (b) the parent is under 21 years of age and has not received a high school diploma and (c) transportation is furnished so that the child may receive child care services and/or attend a nursery school, preschool, or parenting program. Pursuant to Section 1229-c of the Vehicle and Traffic Law, a safety seat, which meets Federal Motor Vehicle Safety Standards and is affixed to the vehicle by a safety belt, must be used when transporting children under the age of four.

In addition to Section 3635, other legislation pertains to transportation provided to pupils for their participation in dual enrollment programs and, on the basis of individual need, to pupils with handicapping conditions. Questions and Answers in the following section contain information on these specific provisions for transportation.

The complexity of arranging routes and coordinating transportation for nonpublic school pupils from several districts attending a variety of nonpublic schools requires cooperative efforts in planning and communication. Public and nonpublic school officials are advised to discuss calendars, schedules and special pupil needs early in the planning stages. The efficient provision of transportation for all pupils can result from such discussions.

Questions about transportation are addressed in the following segments:

Conditions;
Requests for Transportation;
Late Bus Transportation;
Central Pickup Points;
Transportation for Handicapped Pupils;
Transportation for Dual Enrollment; and
Transportation for Children Less than School Age.

Questions and Answers

A. Conditions

Are there any school districts that are not required to provide transportation to nonpublic school pupils?

Yes. City school districts that do not provide transportation to public school pupils are not required to provide transportation to nonpublic school pupils. Also, school boards of enlarged city school districts are not required to provide transportation to public school pupils who reside in the city portion of the district. Consequently, none is required for nonpublic school pupils who reside in the city portion of the enlarged city district. However, transportation, within the legal mileage limits, must be provided for public and nonpublic school pupils who reside in the enlarged portion of the city school district.
May public school officials require nonpublic school pupils who qualify for transportation to use public service transportation?

Yes. The services must be reasonable and adequate, but they need not be exactly the same for public and nonpublic school pupils.
If a city school district opts to provide transportation, must it provide transportation beyond city limits?

No. A city school district is not required to provide such transportation. However, it may provide such transportation upon majority vote of the board of education and may receive State aid for providing this service.
Is the age of a pupil a factor in determining eligibility for transportation to a nonpublic school?

Yes. Pupils attending nonpublic schools must meet the same age requirements that apply to public school pupils in a particular school district.
Are public school officials required to provide transportation to pupils attending nonpublic schools during the summer?

No. Such transportation is neither required nor authorized. (See segment E, page 22, regarding transportation of handicapped pupils.)
Are public school officials required to provide nonpublic school pupils with transportation which exceeds the legal transportation limits that apply to public school pupils?

No. The exception to this is the central pickup point arrangement, which is addressed in segment D.
Are nonpublic school pupils entitled to be transported distances equal to those which are provided to public school pupils who are transported for the purpose of alleviating racial imbalance?

No. Pupils transported to a public school for the purpose of alleviating racial imbalance are not in like circumstances to pupils attending a nonpublic school with respect to eligibility for transportation.
Are nonpublic school pupils who live less than two miles from an elementary school (K-8) or less than three miles from a secondary school (9-12) eligible for transportation?

No. However, if a school district provides transportation for public school pupils who live closer to their schools than these stated limits, it must provide transportation to nonpublic school pupils who are in the same circumstances.
With the exception of New York City, are school districts required to provide transportation to nonpublic schools on days when public schools are scheduled to be closed?

No. However, districts that do provide transportation to nonpublic schools on days when the public schools are closed may claim State aid for providing that service.
Is the school district of New York City required to provide transportation to nonpublic schools on any days when the public schools are scheduled to be closed?

Yes. The nonpublic school administrator may choose five days from among the following on which transportation is to be provided: the Wednesday, Thursday, and Friday after Labor Day, Rosh Hashanah, Yom Kippur, and the week between Christmas Day and New Year's Day. The board of education has discretion to provide transportation beyond the five days mandated by law provided that the total number of transportation days does not exceed 180 and that the additional days of service are not Federal holidays. If the board of education chooses to provide these additional days of service, it may not claim State aid.
Is a non city school district required to provide transportation for pupils to nonpublic schools which are located beyond the school district boundaries or to nonpublic schools which are located outside of New York State?

Yes. Transportation must be provided up to a limit of 15 miles. (See also segment D, page 21).
In the event two or more parochial schools of the same denomination are within the maximum distance allowed for transporting public school pupils, may the parents of a nonpublic school pupil designate the school to which transportation will be provided?

Yes.
Is a school district required to furnish to a pupil directly to or from the pupil's home?

School districts generally are not required to transport pupils on a door-to-door basis. However, some handicapped pupils do require door-to-door transportation.
Is a school district required to provide transportation because of hazardous conditions?

No. Eligibility for transportation is based solely on the distance between a pupil's home and the school which he or she attends.
If there is a transfer point, who is responsible for the supervision of pupils during the time they wait for and change buses?

The school district is responsible for reasonable supervision of pupils at transfer points.
Are there any laws or rules and regulations regarding limitations on the amount of time pupils may be required to travel on school buses?

No. However, the amount of time should be reasonable in terms of distances traveled and services provided for pupils in like circumstances.
May public school officials refuse to provide transportation for nonpublic school pupils at the close of a half-day of kindergarten program?

No.
May public school officials deny transportation to nonpublic school pupils when the school which they attend has a daily schedule which differs from the public school schedule?

Transportation may be denied if the nonpublic school schedule is unreasonable or differs significantly from the public school schedule. Public and nonpublic school officials are strongly urged to cooperate in the planning schedules which accommodate the needs of all pupils in the most efficient and economical way.
May public school officials enter into contracts with the parents of nonpublic school pupils to provide transportation for their own children?

Yes. However, such contracts are subject to the approval of the Commissioner of Education which is based, in part, on a test for reasonable cost. The contract is subject to competitive bidding if it exceeds $5,000. If the contract is limited to reimbursement for expenses, as distinguished from wage or salary expenses, the requirements of Article 19-A of the Vehicle and Traffic Law do not apply. However, if wages or salary are paid, then the parent is required to comply with Article 19-A. In either case the vehicle which the parent uses for such transportation must be inspected by the Department of Transportation.
May public school officials enter into contracts with the parents of nonpublic school pupils to provide transportation to other than their own children?

Yes. However, the parent must meet all requirements for qualification as a school bus driver as stipulated in Section 156.3 of the Regulations of the Commissioner of Education. The parent must also satisfy all of the appropriate requirements described in the answer to question 19 above. In this case, however, the parent must comply with Article 19-A of the Vehicle and Traffic Law.

B. Requests for Transportation

Are the parents of nonpublic school pupils required to request public school authorization to provide transportation to their children?

Yes. Parents must request transportation services in writing by April 1. This can be done directly to public school authorities, or, in some cases, requests are channeled through the nonpublic school to the public school authorities. However, the obligation to submit a timely request rests with the parents, and the neglect of the nonpublic school authorities to file a request is not a reasonable excuse.
Are public school officials obligated in any way to notify or remind the parents of nonpublic school pupils that requests for transportation are due?

No. The law does not require public school officials to notify parents. However, it is recommended that districts publish the dates in a local newspaper or use other means to inform parents of the due date.
Must the requests for transportation which are made on behalf of the nonpublic school pupils be made in writing?

Yes. In most cases the board of education provides request forms for this purpose.
Is there a deadline for submitting written requests for transportation from home to a nonpublic school?

Yes. The deadline is the first day of April which precedes the next school year. In other words, requests for transportation which is to begin in September must be made by April 1.
Must a written request for transportation be made every year?

Yes. Public school officials need to know every year who is requesting transportation in order to provide efficient service.
If a pupil moves into a public school district after April 1, must the district provide transportation to a nonpublic school?

Yes. If the district receives a request from a new resident after April 1, the request must be treated in the same way as requests received before April 1, provided that it is received by local school officials within 30 days of the date on which the pupil became a legal resident of the school district.
How must a board of education accommodate the request for transportation when the parent has requested transportation to one nonpublic school prior to April 1 and then decides to transfer the pupil to another nonpublic school?

This should be addressed in the same way as a late request; that is, the transportation should be provided if it will entail no extra expense to the district or if the board finds the reason for the transfer to be reasonable.
When is a request considered to be "late"?

A "late" request is one filed by a resident after the April 1 deadline or by a new resident more than 30 days after moving into the district.
May public school officials deny a request for transportation to a nonpublic school simply because the request was not submitted on time?

No. Late requests must be granted if there are good reasons for the delay.
Who has the authority to decide which reasons are good and which are unacceptable reasons for a late request?

This authority rests with the board of education, whose policies are carried out by the public school officials.
Are public school officials required to honor a late request for transportation if providing that transportation would result in additional cost to the school district?

Yes. A late request must be honored if a reasonable excuse is provided for the delay in filing a timely request.
May public school officials deny a late request if there is an empty seat on the bus which would be designated to transport the nonpublic school pupil and the provision of such transportation would not result in additional cost to the school district?

No. As long as there is an empty seat on the bus which the pupil would normally be assigned, a request cannot be denied, even if it is submitted late and even if the excuses for making the late request are not reasonable, provided that there would not be any additional cost to the school district.
Do parents of nonpublic school pupils have recourse in the event public school officials deny a transportation request?

Yes. The parent of a pupil who is denied transportation to a nonpublic school may make an appeal to the Commissioner of Education, if a satisfactory resolution cannot be reached with the transportation office, the superintendent, or the board of education.
Are there specific procedures for making an appeal to the Commissioner of Education?

Yes. Copies of the procedure to be used for making an appeal may be obtained from the Education Department.
Is there any time limit for making an appeal to the Commissioner?

Yes. An appeal must be filed within 30 days from the date on which the board of education denied the transportation, or the appeal may be denied on the basis of timeliness.

C. Late Bus Transportation

Are school districts required to provide late bus transportation?

School districts may provide late bus transportation but are not required by law to do so. However, many districts do provide late bus transportation to allow pupils to take advantage of after-school activities and programs. If late bus transportation is provided, it must be made available equally to nonpublic and public school pupils. The district may receive State aid for providing this service.
If a school district provides late bus transportation in some circumstances, is the district required to provide it in all circumstances?

No. School districts are not required to provide late bus transportation specifically for convenience, regardless of the number of pupils involved, nor is there any requirement that late transportation be provided from all schools simply because it is provided from one or two schools. School officials have the prerogative of establishing late bus transportation policy as they see fit. However, such policies must apply equally to nonpublic and public school pupils.
Is it necessary to request late bus transportation if approval has been received for regular transportation?

Yes. Nonpublic school officials or parents of the pupils involved should make a special request for late bus transportation. However, there are no deadlines for such requests. They should be made with sufficient time for school officials to make arrangements to honor the requests.
Do the parents of nonpublic school pupils have recourse if public school officials deny their request for late bus transportation?

Yes. They may appeal to the Commissioner of Education. (See segment B, questions 13, 14, and 15).
Are school districts required to provide nonpublic school pupils with transportation for field trips, athletic events, religious instruction, etc.?

No. School districts are not allowed to provide such transportation.

D. Central Pickup Points

Is a school district required to provide transportation to a nonpublic school which is more than 15 miles from the home of the nonpublic school pupil?

Transportation beyond 15 miles is required only in accordance with the provisions of the pickup point law.
Is a school district required to provide a central pickup point for a nonpublic school pupil whose school is more than 15 miles from the pupil’s home?

A school district must establish at least one central pickup point if it is currently transporting a pupil to the nonpublic school to which transportation is requested. Nonpublic school pupils who reside more than 15 miles from the nonpublic school are eligible for transportation between the pickup point and the nonpublic school.
Is a school district required to provide a nonpublic school pupil with transportation to the pickup point or from the pickup point to the pupil’s home?

No. Transportation between the pickup point and the pupil’s home is neither required nor authorized by the pickup point law.
Must the pickup point be within 15 miles of the nonpublic school?

No. The distance between the pickup point and the school may be more than 15 miles.
Are all nonpublic school pupils who live 15 miles or more from school eligible for transportation from the pickup points to school?

If there are no pupils attending a nonpublic school who live less than 15 miles from that nonpublic school, then pupils who live more than 15 miles from that school are not eligible for transportation to that school from a central pickup point.
However, a board of education may at its discretion provide transportation for nonpublic school pupils who live 15 miles or more from the school they attend if the distance between the pickup point and the nonpublic school is not more than 15 miles and if such transportation had been provided between one or more pickup points to the same nonpublic school in at least one of the immediately preceding three school years.
May a board of education deny transportation from a pickup point if the transportation would require adding another bus for service to the nonpublic school?

No. The district is required to make the necessary arrangements to transport all eligible pupils.
May the designated pickup point be at a bus garage, administrative center owned by the school district, or some other convenient location?

No. The school district is required to designate a public school or schools as pickup points.
If a district has several buildings, must all buildings be designated as pickup points?

No. A board of education can designate one or more public school buildings as pickup points.
May a school district deny transportation from a pickup point to a nonpublic school if the money appropriated in the budget is insufficient to pay for the additional transportation?

No. These transportation expenditures are an ordinary contingent expense.
May public transportation be used as an alternative to school bus transportation from a pickup point?

Yes.
Is the school district responsible for supervision of pupils at the pickup point until transportation to the nonpublic school arrives?

Yes. The school district is responsible for providing supervision for appropriate times prior to arrival and departure times of the school bus.

E. Transportation for Pupils with Handicapping Conditions

Must all school districts provide suitable transportation for all handicapped pupils to the public or nonpublic schools they attend?

Yes. Districts must provide the transportation stipulated in the pupil’s Individualized Education Plan (IEP).
Which district is responsible for providing transportation of nonpublic school pupils with handicapping conditions to participate in special education programs?

The school district in which the pupil resides is responsible for providing the necessary transportation.
Are all pupils with handicapping conditions entitled to special transportation solely because they have been so identified?

No. The nature of the handicap is the basis for determining any special transportation.
Are there any deadlines for making special transportation requests for handicapped pupils?

No.
Must school districts provide transportation for handicapped pupils to special education programs and services held in public schools or at neutral sites?

Yes. Nonpublic school pupils who receive special education programs and services must be transported by the school district providing the service if the distance between the nonpublic school and the school or site exceeds ¼ of a mile, or for a lesser distance if required by the pupil’s needs as indicated in his/her IEP.
Are handicapped pupils subject to the transportation distance limits which apply to non-handicapped pupils?

Yes. The same distance limits apply to handicapped pupils as to nonhandicapped pupils except for pupils whose IEPs specify different transportation arrangements.
Are there any limits in how far handicapped pupils may be transported between home and school daily?

Yes. Handicapped pupils may not be transported more than 50 miles each way to and from school daily. However, the Commissioner of Education may authorize transportation beyond 50 miles each way if an appropriate nonresidential service, school, or program is not available within 50 miles of the pupil’s home.
Are handicapped pupils entitled to transportation to residential programs regardless of distance?

Yes. The district must provide transportation for pupils with handicapping conditions to residential programs regardless of distance.
Are school districts required to provide transportation to handicapped pupils who are attending summer programs?

School districts are required to provide transportation to special education programs for pupils whose handicapping conditions are severe enough to need a structured learning environment 12 months a year and to those attending summer programs, if the Individualized Education Plan so specifies.

F. Transportation for Dual Enrollment

Are school districts required to provide transportation for nonpublic school pupils to dual enrollment programs which are held in the public schools?

Yes. Nonpublic school pupils who receive services under the provisions for dual enrollment which appear in Section 3602 (c) (4) of the Education Law must be provided with transportation by the school district providing the services if the distance between the public and the nonpublic schools exceed ¼ mile or of indicated in the pupil’s IEP.
Is the school district required to provide transportation between the public and nonpublic school when the distance between the schools exceeds 15 miles?

Yes. Transportation which exceeds 15 miles must be provided for a pupil in a dual enrollment program.

G. Transportation for Children Less than School Age

Are school districts required to provide transportation for a child of less than school age to and from the school which his or her parent legally attends pursuant to Section 3635 1.f. of Education Law?

No. However, a board of education may, at its discretion, provide such transportation and receive transportation aid for this service.

VII. Special Education Services

A memorandum entitled Guidance on Parentally Placed Nonpublic Elementary and Secondary School Students with Disabilities Pursuant to the Individuals with Disabilities Education Act (IDEA) 2004 and New York State (NYS) Education Law Section 3602-c is available.

This memorandum replaces prior guidance issued on this topic.

VIII. Dual Enrollment Programs

Under Section 3602-c of Education Law, pupils in nonpublic schools may also enroll in public school programs in three categories: occupational, gifted, and handicapped education. Dual enrollment is not permitted in any other areas. No other forms of dual enrollment are available, such as participation on teams or school bands.

Dual enrollment does not in any way jeopardize the pupil’s enrollment in the nonpublic school nor does it involve the pupil’s registration in a public school. Through a request for participation in a dual enrollment program, a pupil is considered enrolled in the public school, but no formal registration in the public school is required. The law provides that nonpublic school pupils may not be segregated from public school pupils in any dual enrollment programs.

Dual enrollment provisions apply to programs operated during the course of the school year and not to summer programs. Nonpublic school pupils are eligible to participate in public school summer programs in the school districts in which they live on the same basis as any other resident pupils.

As the three dual enrollment programs cited above are quite different in the way they operate, each one is described individually in the following three segments:

Occupational Education;
Gifted Education; and
Education for Students with Disabilities.

A. Occupational Education

Occupational Education means all programs of instruction in agriculture; business, including marketing; home economics; health occupations; technical education; technology education; industrial arts; and trade education. Programs to prepare pupils for employment in occupations which are generally considered professional or which require a baccalaureate or higher degree are excluded.

In order to arrange for participation in an occupational education program, the parent of a nonpublic school pupil must file a written request with the board of education of the district in which the pupil resides by June 1. The administrator of a nonpublic school may receive and forward the requests for the parents to the board of education. Requests should be filed as early as possible so that they can be considered by the board as plans are made and budgets written. Most school districts have this process under way by winter of the year preceding the year for which the request is made, though the legal deadline is June 1. Participation in an occupational education program does not involve the payment of tuition by parents or pupils.

A board of education may provide occupational education programs in local public schools or through contract with another school district or with the Board of Cooperative Educational Services. Pupils in nonpublic schools are entitled to participate in occupational education programs on the same basis as pupils in public schools.

The board of education must provide transportation between a nonpublic school and the site where the program is offered if the distance is more than one-fourth of a mile. The board may claim State aid for this transportation.

The following Question and Answer section addresses some of the details of how this program operates.

Questions and Answers

What does "dual enrollment" mean?

Dual enrollment means that pupils enrolled in nonpublic schools may also be considered as enrolled in the public school in occupational education programs, gifted education programs, and programs for students with disabilities.
What does "occupational education" mean?

It means training or retraining designed to prepare individuals for gainful employment as semiskilled workers or technicians or paraprofessionals in recognized occupations and in new or emerging occupations or to prepare pupils for enrollment in advanced technical education programs.
Does the term "occupational education" as used in this law exclude any programs?

Any program is excluded which is designed to prepare pupils for employment in occupations which are generally considered professional or which require a baccalaureate or higher degree.
May a board of education provide occupational education programs outside its local public schools?

Some boards of education provide the program within local public schools. However, a board of education may contract with the Board of Cooperative Educational Services or with other districts to provide these programs.
Who determines the occupational education courses to be offered and student eligibility for such courses?

Boards of education are authorized to determine which courses of instruction are offered and the standards of eligibility of pupils to participate in specific courses. If one occupational education course is a prerequisite for another, access to the prerequisite must be made available to nonpublic school pupils.
How does one request participation in occupational education programs?

The parent of a pupil attending a nonpublic school must file a written request with the board of education of the district of residence.
Must each parent file a request for services with the district of residence?

Yes. Parents must file their requests for services with the district of residence. These requests may be routed through the nonpublic school in which the pupils are enrolled and then submitted collectively in accordance with proper timelines.
When should a request be filed?

Under the law, the deadline is June 1 preceding the school year for which the request is made. However, requests should be made as early as possible, as budgets and class rosters are usually planned during the preceding winter and spring.
What can one do if a board of education refuses to provide these services?

In such a case, one can appeal to the Commissioner of Education for a review of the case, as provided in Section 310 of Education Law. (See questions 13, 14, and 15, page 21.)
May a nonpublic school pupil seek admission to an occupational education program such as business or agriculture in a comprehensive public high school?

Yes. This may be done if there is an approved occupational program as part of a comprehensive high school program.
If an occupational education course, such as Introduction to Careers, is a prerequisite for another course or sequence, is the nonpublic school pupil entitled to dual enrollment in the prerequisite course?

Yes. The nonpublic school pupil is eligible for enrollment in a prerequisite course in occupational education.
Does the fact that a nonpublic school which a pupil attends offers an identical program, such as business or home economics, have any effect on the pupil’s eligibility for admission to such a program at the comprehensive public high school?

No.
If a pupil attends a nonpublic school located outside the pupil’s district of residence, in which district may the pupil enroll in an occupational education program?

The pupil is entitled to enroll in an occupational education program only in the district in which the nonpublic school is located, not in the district of residence. However, parents must file requests for participation in the program with the board of education of the district of residence.
Are pupils who are not residents of New York State eligible to participate in these programs?

No. Dual enrollment programs are available only to New York State residents.
May quotas be established on the number of pupils a school district sends to a BOCES or serves in its own system in occupational education programs?

No. Quotas based on unfavorable financial conditions, austerity budgets, or other problems are not acceptable and cannot be used to deny pupils access to occupational education programs.
May nonpublic school pupils enrolled in occupational education programs be segregated from the public school pupils?

No. Nonpublic school pupils must not be separated from pupils regularly attending the public schools.
Who is responsible for transporting nonpublic school pupils to occupational education programs?

The board of education of the district providing the service provides transportation for pupils in occupational education programs between the nonpublic school and the public school site if the distance between the nonpublic school and the public school exceeds ¼ of a mile. The district may claim State aid for this transportation.
Is the district obligated to provide transportation between public and nonpublic schools beyond a quarter of a mile regardless of the distance between those schools?

Yes. Transportation must be provided.
If a nonpublic school pupil is injured while walking between the nonpublic school and the public school, is the public school liable?

Boards of education, teachers, and other employees of public schools are not liable for injuries caused by others while the pupils are walking between public and nonpublic schools.
How are tuition costs for these programs met?

Boards of education providing programs to nonresident pupils are entitled to recover tuition from the district of residence of such pupils in accordance with a formula promulgated by the Commissioner of Education. The State Aid received will be deducted from the tuition received.
Is this State aid paid to the district of residence or the district providing the programs?

The State aid is paid to the district providing the programs.

B. Gifted Education

Dual enrollment for nonpublic school pupils is also possible in the area of gifted education. Gifted education programs or services are those beyond the regular school program designed to realize the full potential of pupils who show evidence of high performance capability and exceptional potential in areas such as general intellectual ability, special academic aptitude, and outstanding ability in visual and performing arts. Public school districts are not required to offer gifted programs, but public schools are required to have gifted programs if they take the formula money allocated to all public schools by the Legislature. However, the source of funding notwithstanding, all districts offering gifted programs/services must make participation available to nonpublic school pupils who meet district entrance requirements. All programs and services provided to nonpublic school pupils take place at the public school site or at a BOCES.

A parent should apply for dual enrollment services to the district of residence. The district may then provide these services or it can contract with a Board of Cooperative Educational Services or arrange with the school district in which the nonpublic school is located to provide a gifted program. Requests for participation must be filed with the board of education of the district of residence on or before June 1 preceding the school year for which the request is made. The pupil must meet eligibility standards set by the agency providing the gifted program.

Each board of education providing gifted education should determine by resolution which courses of instruction will comprise its gifted programs and the eligibility requirements for admission to the program. Nonpublic school pupils must meet the eligibility requirements the district has established for participation of public school pupils.

The board of education must provide transportation between a nonpublic school and the site where the gifted education program is offered if the distance is more than one-fourth of a mile. The district may claim State aid for this transportation.

Questions and Answers

What is the legal definition of a gifted pupil?

Gifted pupils are those who show evidence of high performance capability and exceptional potential in areas such as general intellectual ability, special academic aptitude, and outstanding ability in visual and performing arts. This definition includes those pupils who require educational programs or services beyond those normally provided by the regular school program in order to realize their full potential.
May a board of education provide gifted education programs outside its local public schools?

Usually the board of education provides the program within its public schools. However, it may contract with the Board of Cooperative Educational Services or with other districts to provide these programs. The board may not provide this program at the nonpublic school site.
How is eligibility determined in gifted education programs?

Boards of education are authorized to determine by a resolution which courses of instruction comprise the district’s gifted programs and the eligibility requirements for admission to the program.
How does one request participation in gifted education programs?

The parent of a pupil attending a nonpublic school must file a written request with the board of education of the district of residence.
Must each parent file a request for services with the district of residence?

Yes. Each parent must file a request for services with the district of residence. These requests may be routed through the nonpublic school in which the pupils are enrolled and then submitted collectively in accordance with proper timelines.
If a pupil attends a nonpublic school located outside of the pupil’s district of residence, in which district may the pupil enroll in a gifted education program?

The pupil may enroll in a gifted education program only in the district in which the nonpublic school is located, not the district of residence. However, the parent must file a request for participation in the program with the board of education of the district of residence.
When should a request be filed?

Under the law, the deadline is June 1 preceding the school year for which the request is made. However, it is recommended that the request be made as early as possible so that participation of the nonpublic school pupil can be planned by the local school district.
Is a district required to have a gifted education program?

No. The law does not require a district to have a program. However, if the district does have a program, it must make participation in that program available to nonpublic school pupils.
What recourse does a parent have if a board of education refuses to provide for the participation of a nonpublic school pupil in a gifted education program?

In such a case the parent can appeal to the Commissioner of Education for a review of the case as provided in Section 310 of Education Law. (See questions 13, 14, and 15, page 21.)
Who is responsible for providing transportation for nonpublic school pupils to and from the site where the gifted program is offered?

The board of education of the district providing the service also provides transportation for pupils in gifted education programs between the nonpublic school and the public school site if the distance between the nonpublic school and the public school exceeds ¼ of a mile. The school district may claim State aid for this transportation.
If a nonpublic school pupil is injured while walking between the nonpublic school and the public school, is the public school liable?

Boards of education, teachers and other employees of public schools are not liable for injuries to pupils caused by others while the pupils are walking between public and nonpublic schools.
May nonpublic school pupils enrolled in these programs be segregated from public school pupils?

No. Nonpublic school pupils must not be separated from public school pupils who are enrolled in these gifted programs.
How are tuition costs met?

The district of residence is responsible for the cost of tuition. Boards of education providing programs to nonresident pupils are entitled to recover tuition from the district of residence of such pupils in accordance with a formula promulgated by the Commissioner of Education. The State aid received will be deducted from the tuition received.
If the gifted program in the public school is a full-time program, can a nonpublic school pupil participate in the program?

No. If the public school gifted program is a full-time program conducted every day, a nonpublic school pupil cannot participate in that program and remain enrolled in the nonpublic school. In such a circumstance, the dual enrollment provision does not apply.

C. Education for Students with Disabilities

Section 3602-c of the Education provides for dual enrollment for nonpublic school students with disabilities. Provisions for the education of students with disabilities are also included in Public Law 94-142 and Section 4402 of the Education Law. Section VII of this Handbook describes the way students with disabilities may access appropriate programs and services.

New York State Education Department

Religious and Independent School Support

Handbook on Services to Pupils Attending Nonpublic Schools

Questions and Answers

Who is eligible to receive homebound instruction?

Who provides homebound instruction?

When should homebound instruction begin?

How is a pupil’s enrollment status affected during the period of homebound instruction?

Where should homebound instruction take place?

Can a public school district delay or deny homebound instruction?

How long must homebound instruction continue to be available?

If a pupil attends school part-time, e.g. three days a week, is the pupil entitled to homebound instruction?

Questions and Answers

What is the definition of textbook?

What materials are excluded under the textbook loan law?

Which newspapers and news magazines can be part of textbook loan program?

May books be ordered which are authored by clergy or religious?

Must a nonpublic school use the same textbooks as a public school?

Are all resident pupils in kindergarten through grade 12 eligible for the loan of textbooks?

Before it receives and reviews textbook requests from nonpublic schools, may a board of education decide which textbooks will not be purchased?

Once a textbook has been selected for a specific course, must it be retained for a specified period of time?

Must textbook requests be submitted to the board of education by a certain date?

What is the obligation of the parents of pupils attending nonpublic schools?

What is the obligation of a nonpublic school administrator with regard to the loan of textbooks?

Is the nonpublic school administrator required to submit collectively the parents’ requests for textbooks?

May a board of education appropriate an amount less than the State apportionment to the district for the purchase of textbooks?

May a district reserve part of the State apportionment to cover transportation, shipping, handling or administrative costs for the textbook loan program?

May a board appropriate more than the State apportionment for textbooks in the annual budget?

May a district limit the textbook requests from a nonpublic school pupil to a specific amount based on the State apportionment?

What must a board of education do if it does not have the resources needed to fulfill the textbook needs of all resident pupils?

Is it equitable treatment for all pupils to receive the same number of books?

Is it equitable treatment for all pupils to be allowed the same amount of money for textbooks?

What is an example of equitable treatment when the board does not have the necessary resources to fulfill all requests?

Does the board of education have the responsibility for notifying parents of nonpublic school pupils that it is unable to provide all the textbooks requested?

If a public school district increases the funds available for textbook purchases during the course of a school year, must the district inform nonpublic school administrators of this action?

How are a public school district’s expenditures for textbooks reported to the State?

Is a board of education required to provide textbooks to pupils who become residents of the district after the school year has begun?

In schools which use an individualized approach to learning may texts on different levels be purchased for pupils in the same class?

Is a board of education required to purchase or loan textbooks for use at summer school?

Does the law authorize the board of education to make reasonable rules covering the loan of textbooks?

May a district charge a parent or a nonpublic school for transportation, shipping, or administrative costs connected with textbook loans?

May books be shipped from a vendor to a nonpublic school?

May a board of education charge parents for the damage, loss or destruction of the loaned textbook?

Are the nonpublic schools responsible for storing books no longer in use?

What should a board of education do with textbooks that are obsolete or no longer used?

Is there anything in Section 701 of the Education Law (New York State Textbook Law) or Part 21 of the Rules of the Board of Regents that prohibits a school district from receiving textbook aid for the purchases of used textbooks?

May a public school district which has an "approved book list" limit requests for textbooks to those titles on the list?

Questions and Answers

What is the definition of computer software?

What materials are excluded under the computer software program?

Are all pupils enrolled in kindergarten through grade 12 in schools within a district eligible to borrow computer software from the district?

How much money does the district receive for this program?

How is the amount of money a district receives determined?

How should the nonpublic school notify the district of the enrollment?

When should requests for the loan of computer software programs to nonpublic school pupils be submitted?

If computer software programs are not ordered in one school year, can the funds be carried over and used for additional orders in the following year?

Which computer software programs is the district obligated to loan?

May a district limit computer software program purchases for use with specific computers?

Must computer software programs loaned to nonpublic school pupils under this legislation be compatible with the computers in the public schools?

May a nonpublic school order computer software programs directly and bill back the public school district?

May a district levy any charges such as shipping, handling and transportation costs to nonpublic schools, parents, or pupils for participation in this program?

What information should the nonpublic school administrator provide to the district?

Does the law authorize the board of education to make reasonable rules covering the computer software program?

May a district charge pupils for damage, loss, or destruction of computer software programs?

May boards of educational services (BOCES) provide the service needed to administer the computer software programs for local school districts?

May a district lease computer software programs under this loan program?

Where may the computer software programs provided under this loan program be housed?

Questions and Answers

A. Conditions

B. Requests for Transportation

C. Late Bus Transportation

D. Central Pickup Points

E. Transportation for Pupils with Handicapping Conditions

F. Transportation for Dual Enrollment

G. Transportation for Children Less than School Age

A. Occupational Education

Questions and Answers

B. Gifted Education

Questions and Answers

C. Education for Students with Disabilities