| 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. |