New York Laws
Article 83 - Indian Schools
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.