Section 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 shall deem necessary. He  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.  The  commissioner  in  his discretion may, instead of establishing
  schools and maintaining courses of instruction therein for the education
  of the Indian children of the state, contract 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
  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.