N.Y. EDN Law § 4101

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