(a) As provided in Education Law, section 1950(5)(d), the commissioner may approve cooperative services for which no BOCES aid is claimed, including:

1. (1) services provided by contract with eligible recipients for which BOCES aid is not authorized; and
2. (2) services provided by contract with component school districts which are not approvable under section 112.3 of this Part.

(b) To be approved, such services shall:

1. (1) meet all applicable requirements of the Education Law and this Title;
2. (2) be part of a program of services created in response to a formal request by one or more eligible recipients; and
3. (3) be, in the judgment of the commissioner, more effective than services provided by an individual component district or other eligible recipient.