Decision No. 13,954

(June 11, 1998)

MILLS, Commissioner.--Petitioner appeals the refusal of the Board of Education of the Galway Central School District ("respondent") to pay certain charges in connection with the provision of services to nonpublic school students pursuant to Education Law "912. The appeal must be sustained in part.

The Schenectady Christian School, a nonpublic institution, is located within the boundaries of petitioner's district. During the 1994-1995 school year, 10 students residing in respondent's district attended the Schenectady Christian School; in 1995-1996, there were 9 students from respondent's district enrolled there; and in 1996-1997, there were 13 students from respondent's district enrolled there.

As in Appeal of the Board of Education of the Scotia-Glenville Central School District (37 Ed Dept Rep ___, Decision No. 13952, June 10, 1998), petitioner calculated the cost of health and welfare services provided pursuant to Education Law "912 at $325.48 per student for 1994-1995, $270.79 per student for 1995-1996, and $374.91 per student for 1996-1997. As in the companion appeal, petitioner and respondent engaged in correspondence and discussions, and respondent raises the same objections set forth in the companion appeal. Respondent has not made any payments with respect to these claims.

For the reasons set forth in Appeal of the Board of Education of the Scotia-Glenville Central School District, supra, the appeal is sustained, to the same extent indicated in that companion appeal.

I have considered the parties' remaining contentions and find them without merit.

THE APPEAL IS SUSTAINED TO THE EXTENT INDICATED.

IT IS ORDERED that petitioner recalculate its "912 charges to respondent for the 1994-1995 and 1996-1997 school years, excluding costs for remedial mathematics and remedial reading services.

IT IS FURTHER ORDERED that respondent pay to petitioner the recalculated amounts due for 1994-1995, 1995-1996, and 1996-1997.

END OF FILE