N.Y. Comp. Codes R. & Regs. tit. 8, § 175.6 – Calculation of student attendance for students with disabilities, for incarcerated youth enrolled in approved educational programs pursuant to Part 118 of this Title and for homeless children attending the school district of current location or a school district participating in an approved regional placement plan pursuant to section 100.2(x) of this Title.

(1) Legally absent means to be absent for: personal illness, illness or death in the family, impassable roads or weather, religious observance, quarantine, required court appearances, attendance at health clinics, approved college visits, military obligations, disciplinary detention of an incarcerated youth, or for such other reasons as may be approved by the commissioner.
(2) Period of enrollment means that period commencing on the first day a pupil is enrolled in and is physically present at, or legally absent from, a special education program or service offered by a public school or by an approved private school or facility, or an approved educational program or service for incarcerated youth offered by a public school district or board of cooperative educational services, or an educational program or service provided directly or by contact to a homeless child by a public school district, and terminating on the last day such pupil is enrolled in and is physically present at, or legally absent from, such program or service.
(b) Attendance from September through June.
(1) A student with a disability who attends a special education program or service offered by a public school or an approved private school or facility during the school year from September through June shall be deemed to be in attendance during the period of enrollment of such pupil in such special education program or service.
(2) An incarcerated youth who attends an approved 10-month educational program or service offered by a public school district or a board of cooperative educational services during the school year from September through June shall be deemed to be in attendance during the period of enrollment of such youth in such approved educational program or service.
(3) A homeless child for whom the school district of current location or a school district participating in an approved regional placement plan has been designated as the district of attendance and who, pursuant to section 3202(8) of the Education Law and section 100.2(x) of this Title, attends an educational program or service provided directly or by contract by a public school district during the school year from September through June, shall be deemed to be in attendance during the period of enrollment of such child in such educational program or service.
(4) The full-time equivalent (FTE) attendance for each student with a disability, for each incarcerated youth attending a 10-month program or service, or for each homeless child, enrolled for less than the maximum possible period of enrollment for the program or service shall be calculated to three decimal places without rounding by computing the proportion that the total number of weeks during the period of enrollment of such student bears to the total number of weeks the program is operated. For the purpose of this paragraph, three consecutive days of enrollment within the same week and within the same month shall be the equivalent of one week of attendance, provided that no more than four weeks of enrollment may be counted in any calendar month.
(5) The tuition to be charged for a student with a disability enrolled for less than the maximum possible period of enrollment for the approved program shall be calculated by multiplying the full approved program tuition rate by the full-time equivalent attendance. The tuition to be charged for a homeless child who is a student with a disability, attends an approved private school or facility, and is enrolled for less than the maximum period of enrollment shall be calculated in the same manner.
(c) Attendance of students with disabilities during July and August.
(1) A student with a disability, including a homeless child who is a student with a disability, shall be deemed to be in attendance at an approved summer school or facility during the period of enrollment of such student at such summer school or facility during the months of July and August.
(2) The full-time equivalent (FTE) attendance for each such student with a disability enrolled for less than the maximum possible period of enrollment for the approved summer program shall be calculated to three decimal places without rounding by computing the proportion that the total number of weeks during the period of enrollment of such student bears to the total number of weeks the program is operated. For the purpose of this paragraph, three consecutive days of enrollment within the same week shall be the equivalent of one week of attendance.
(3) The tuition and maintenance to be charged for such a student with a disability enrolled for less than the maximum possible period of enrollment for the approved summer program shall be calculated by multiplying the full approved summer program tuition rate and the full approved summer program maintenance rate by the full-time equivalent attendance.
(d) Attendance from July through June.
(1) Notwithstanding any other provision of this section to the contrary, a student with a disability who lives in an intermediate care facility and attends a special education program or service offered by a public school or an approved private school or facility during the 12-month period from July through June shall be deemed to be in attendance during the period of enrollment of such youth in such approved educational program or service.
(2) An incarcerated youth who attends an approved 12-month educational program or service offered by a public school district or board of cooperative educational services during the period from July through June shall be deemed to be in attendance during the period of enrollment of such youth in such approved educational program or service.
(3) The full-time equivalent (FTE) attendance for each student with a disability living in an intermediate care facility or for each incarcerated youth attending a 12-month program for less than the maximum possible period of enrollment for the program or service shall be calculated to three decimal places without rounding by computing the proportion that the total number of weeks during the period of enrollment of such student living in an intermediate care facility or incarcerated youth to the total number of weeks the program is operated. For the purposes of this paragraph, three consecutive days of enrollment within the same week and within the same month shall be the equivalent of one week of attendance, provided that no more than four weeks of enrollment may be counted in any calendar month.
(4) The tuition to be charged for a student with a disability who lives in an intermediate care facility who is enrolled for less than the maximum possible period of enrollment for an approved program shall be calculated by multiplying the full approved program tuition rate by the full-time equivalent attendance.
(e) Reimbursement rates for private schools receiving public funding pursuant to article 89 of the Education Law, will be based on a minimum of 30 days between July 1st and August 30th, if a school chooses to operate during the summer, and on a minimum of 180 days between September 1st and June 30th; except that such rates shall be based on a minimum of 210 days between July 1st and June 30th for private schools which choose to operate a 12-month program which is attended by students with disabilities who live in an intermediate care facility.

(a) Definitions.

As used in this section: