8 CRR-NY 118.8NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 8. EDUCATION DEPARTMENT
CHAPTER II. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER E. ELEMENTARY AND SECONDARY EDUCATION
PART 118. INSTRUCTIONAL PROGRAMS FOR STUDENTS INCARCERATED IN CORRECTIONAL FACILITIES MAINTAINED BY COUNTIES OR THE CITY OF NEW YORK
8 CRR-NY 118.8
8 CRR-NY 118.8
118.8 Procedures for review and determination of school district responsibility.
(a) Administrative review.
A school district that receives notice that it has been identified as being responsible for the educational costs of a student pursuant to Education Law, section 3202(7)(b) may request the commissioner to review such identification by submitting a written statement denying financial responsibility for such child within 20 days of its receipt of such notice. Such statement shall be in a form prescribed by the commissioner, shall state the reason for denying financial responsibility and shall be accompanied by any documentation available to the school district concerning the actual residence of the student. The commissioner may request that the correctional facility in which the student was incarcerated provide such additional information concerning the actual residence of the student as the commissioner may require and which is available.
(b) Determination of school district responsibility.
(1) If the commissioner finds that the school district seeking review pursuant to subdivision (a) of this section is financially responsible for the student, the commissioner shall notify such school district of such finding and the basis upon which it was made.
(2) If the commissioner determines that there is reasonable cause to believe that a school district other than the district seeking review is financially responsible for educating the student, the commissioner shall notify such other school district of such finding and shall afford such other school district with the opportunity to submit a written statement denying financial responsibility in accordance with subdivision (a) of this section. After review of all the information available, the commissioner shall make a final determination of the identity of the school district responsible for the educational costs of the student, if any, and shall notify the school districts affected of such determination and the basis therefor.
(3) If the commissioner finds that an incarcerated student had no residence in this State at the time of his or her commitment to custody, a determination that there is no school district contribution for such student shall be made.
8 CRR-NY 118.8
Current through August 15, 2021
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