New York Education Law Section 4101 - Duties of commissioner regarding Indian children.

 4101. Duties  of  commissioner  regarding  Indian  children.  1. The
  commissioner of education shall establish schools  in  such  places  and
  maintain  such  courses  of instruction therein for the education of the
  Indian children of the state as he or she shall deem  necessary.  He  or
  she  shall have general supervision of such education and shall cause to
  be erected where necessary convenient and suitable school buildings  for
  the accommodation of all the Indian children of the state.
2.  Notwithstanding  any other provision of law, rule or regulation to
  the contrary, the commissioner in his or her discretion may, instead  of
  establishing  schools and maintaining courses of instruction therein for
  the education of the Indian children  of  the  state,  contract,  for  a
  period of up to ten years, with any school district for the education of
  such  Indian children. The consideration for any such contract shall not
  exceed the total cost to the school district of the education of  Indian
  children  pursuant  to such contract, less any public moneys received by
  the school district by reason of the attendance of such Indian  children
  in regular day school, except any public moneys received by the district
  as  a  building quota pursuant to the provisions of subdivision six-a of
  section thirty-six hundred two of  this  chapter.  The  commissioner  of
  taxation  and finance shall pay on the warrant of the comptroller bills,
  for the costs and expenses attending  such  contract,  approved  by  the
  commissioner  of  education  from  the appropriation for the support and
  education of Indian children. In carrying out  the  provisions  of  this
  article  the  commissioner,  notwithstanding any other provision of law,
  may lease  any  school  ground,  site  or  building  established  for  a
  reservation  and  owned  by the state of New York to any school district
  upon such terms and conditions  as  he  or  she  shall  deem  necessary,
  convenient and proper. Nothing herein contained shall alter the title of
  the Indians to their lands.
3.  The  commissioner of education shall also enforce this article and
  pay from the funds set apart for Indian education any necessary  expense
  incurred thereby.
4.  Notwithstanding  any  other  provision  of law to the contrary, an
  Indian child who is resident  of  any  portion  of  reservation  located
  wholly  or  partly  within  the  borders of the state shall be deemed an
  Indian child for the purposes of this article.

Last modified: February 3, 2019