§ 4410-b. Use of certain federal funds. 1. Definitions. For purposes\nof this section:\n a. "Approved preschool special education program" shall mean a public\nor private agency which has been approved by the commissioner as a\nprovider of special education programs or services to preschool students\nwith disabilities pursuant to subdivision nine of section forty-four\nhundred ten of this article or pursuant to article eighty-five of this\nchapter.\n b. "Base year" shall mean the school year next preceding the school\nyear in which funds are sub-allocated pursuant to this section.\n c. "IEP team" means a committee on special education, a subcommittee\non special education, a committee on preschool special education or a\nsubcommittee on preschool special education.\n d. "Public or private agency" shall mean an approved preschool special\neducation program, or a state-supported school operating pursuant to\narticle eighty-five of this chapter, or an approved private\nnon-residential or residential school that provides special services or\nprograms pursuant to subdivision two of section forty-four hundred one\nof this article. Such term shall not include an individual providing\nrelated services only to preschool students with disabilities pursuant\nto section forty-four hundred ten of this article. Such term shall\ninclude a board of cooperative educational services only to the extent\nit is an approved preschool special education program, and only for\nthose students provided special education programs or services pursuant\nto section forty-four hundred ten of this article.\n 2. Preschool grants for children with disabilities. Each school\ndistrict receiving an allocation of funds pursuant to section six\nhundred nineteen of the individuals with disabilities education act for\nthe nineteen hundred ninety-nine--two thousand school year or any\nsubsequent school year shall sub-allocate such funds in accordance with\nthis subdivision to other public and private agencies providing special\neducation services to students ages three to five who were placed in\nsuch agency by the school district's IEP team. For school years prior to\ntwo thousand six--two thousand seven, such sub-allocations shall be made\non a per capita basis, based upon the number of students three to five\nyears of age who were placed in such agency by the school district's IEP\nteam and are served by the public or private agency as of December first\nof the base year, as reported to the commissioner; and, for school years\ntwo thousand six--two thousand seven and thereafter, such\nsub-allocations shall be made on a per capita basis, based upon the\nnumber of students three to five years of age who were placed in such\nagency by the school district's IEP team and who are receiving special\neducation programming and instruction from the public or private agency\nas of December first of the base year, as reported to the commissioner,\nand according to a formulae based upon the number of students three to\nfive years of age who are receiving related services only from the\npublic or private agency as of December first of the base year, as\nreported to the commissioner, such that such sub-allocation shall be in\nan amount determined in accordance with the provisions of this\nsubdivision; provided, however, that for the nineteen hundred\nninety-nine--two thousand school year, the sub-allocation payable to\neach public or private agency shall not be less than five hundred\nforty-eight dollars per pupil. For the school year two thousand six--two\nthousand seven, the per capita sub-allocation shall be adjusted whereby\neach student three to five years of age who was placed in an agency by\nthe school district's IEP team and who is receiving special education\nprogramming and instruction therefrom shall be counted as one per capita\nand each such student who is receiving related services only from such\npublic or private agency shall be counted as two-thirds of a per
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