| The Except as otherwise provided in this section, the |
commissioner may require that special education programs in an |
approved private school or agency receiving state funds comply |
with rules for the conduct of programs within public schools. |
The commissioner may not require an approved private school to |
comply with such rules if the commissioner finds that the private |
school has, and for at least the immediately preceding 5 years |
has had, an effective program for and record of educating and |
helping the exceptional students it enrolls, and if the |
commissioner finds that the private school is likely to continue |
to be effective in educating exceptional students. |