LBD08394-03-3
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4. "Transportation expense." For the purposes of determining transpor-
tation aid pursuant to this article, "transportation expense" shall mean
any cost incurred by the school district for the transportation of a
[handicapped] child WITH DISABILITIES pursuant to the provisions of
subdivision four of section forty-four hundred two of this article,
notwithstanding any minimum or maximum aidable limits established by
other provisions of the education law or pursuant to regulations of the
commissioner or school district, allowed pursuant to the applicable
provisions of parts two and three of article seventy-three of this chap-
ter, provided, however, that such transportation shall not be in excess
of fifty miles from the home of such pupil to the appropriate special
service or program unless the commissioner shall certify that no appro-
priate non-residential special service or program is available within
such fifty miles, and that the commissioner may establish by regulation
a maximum number of trips between a pupil's home and the private resi-
dential school which provides special services or programs to such
pupil. Such cost shall include the cost of joint or regional transporta-
tion provided by school districts or boards of cooperative educational
services for such purposes and subject to the same limits.
§ 3. Clauses (a),(e) and (g) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law, clause (a) as
amended by chapter 53 of the laws of 1991 and clauses (e) and (g) as
amended by chapter 53 of the laws of 1986, are amended to read as
follows:
(a) Obtain, review and evaluate all relevant information, including
but not limited to that presented by the parent, person in parental
relationship and teacher, pertinent to each child suspected of or iden-
tified as having a [handicapping condition] DISABILITY, including the
results of a physical examination performed in accordance with sections
nine hundred three, nine hundred four and nine hundred five of this
chapter and, where determined to be necessary by a school psychologist,
an appropriate psychological evaluation performed by a qualified private
or school psychologist, and other appropriate assessments as necessary
to ascertain the physical, mental, emotional and cultural-educational
factors which may contribute to the suspected or identified [handicap-
ping condition] DISABILITY, and all other school data which bear on the
child's progress, including, where appropriate, observation of classroom
performance.
(e) Make, or have made, periodic evaluations of the adequacy of
programs, services and facilities for children with [handicapping condi-
tions] DISABILITIES.
(g) Provide for the transmittal of information by the board of educa-
tion, including such test results and evaluations as the committee may
have collected, to the home district of the child with a [handicapping
condition] DISABILITY in cases where the home school district has
contracted for the child's education with another school district or
board of cooperative educational services.
§ 4. Subparagraph 1 of paragraph b of subdivision 2 of section 4402 of
the education law, as amended by chapter 642 of the laws of 1987, is
amended to read as follows:
(1) Provided, however, that in each school district the board of
education or trustees of such district are hereby authorized and
empowered to contract for such special services or programs as such
board shall deem reasonable and appropriate for such [handicapped] chil-
dren WITH DISABILITIES after consideration of the recommendations of the
local committee on special education and the hearing officer if a hear-
S. 4041--A 3
ing is held pursuant to section forty-four hundred four of this chapter
and, where specified in subparagraph two of this paragraph, with the
approval of the commissioner after a finding by him that no appropriate
special services or programs specified in paragraphs a through d and k
of subdivision two of section forty-four hundred one are available.
§ 5. Paragraphs a and d of subdivision 4 and subdivision 5 of section
4402 of the education law, paragraph a of subdivision 4 as amended by
chapter 470 of the laws of 1977, paragraph d of subdivision 4 as amended
by chapter 646 of the laws of 1992, subdivision 5 as separately amended
by chapters 53 and 683 of the laws of 1986, are amended to read as
follows:
a. The board of education or the board of trustees of each school
district shall provide suitable transportation to and from special
classes or programs, with the exception of residential facilities for
the care and treatment of children with [handicapping conditions] DISA-
BILITIES under the jurisdiction of an agency of the state other than the
state department of education, as specified in subdivisions two and four
of section forty-four hundred one of this article.
d. Notwithstanding any other provision of law, such board shall
provide suitable transportation up to a distance of fifty miles to and
from a nonpublic school which a child with a [handicapping condition]
DISABILITY attends if such child has been so identified by the local
committee on special education and such child attends such school for
the purpose of receiving services or programs similar to special educa-
tional programs recommended for such child by the local committee on
special education.
5. Notwithstanding any provisions of this article to the contrary or
the provisions of section thirty-two hundred two of this chapter, a
child with a [handicapping condition] DISABILITY who reaches the age of
twenty-one during (a) the period commencing with the first day of July
and ending on the thirty-first day of August shall if otherwise eligi-
ble, be entitled to continue in a July and August program until the
thirty-first day of August or until the termination of the summer
program, whichever shall first occur; or (b) the period commencing on
the first day of September and ending on the thirtieth day of June shall
be entitled to continue in such program until the thirtieth day of June
or until the termination of the school year, whichever shall first
occur.
§ 6. Subdivisions 1, 2, 4, 8, 14 and 16 of section 4403 of the educa-
tion law, subdivision 1 as amended by chapter 470 of the laws of 1977,
subdivision 2 as amended by chapter 53 of the laws of 1986, subdivision
4 as amended by chapter 479 of the laws of 2022, subdivision 8 as
amended by chapter 273 of the laws of 1986, and subdivisions 14 and 16
as amended by section 4 of part E of chapter 501 of the laws of 2012,
are amended to read as follows:
1. To maintain a statistical summary of the number of [handicapped]
children WITH DISABILITIES who reside within the state and the nature of
their [handicaps] DISABILITIES and to use all means and measures neces-
sary to adequately meet the physical and educational needs of such chil-
dren, as provided by law.
2. To stimulate all private and public efforts designed to relieve,
care for or educate children with [handicapping conditions] DISABILITIES
and to coordinate such efforts with the work and function of govern-
mental agencies.
4. To periodically inspect, report on the adequacy of and make recom-
mendations concerning instructional programs or special services for all
S. 4041--A 4
children with [handicapping conditions] DISABILITIES who reside in or
attend any state operated or state financed social service facilities,
youth facilities, health facilities, mental health, and developmental
disabilities facilities or state correctional facilities.
8. To develop and distribute a handbook for parents of [handicapped]
children WITH DISABILITIES and the members of committees and subcommit-
tees on special education, which handbook shall explain, in layman
terms, the financial and educational obligations of the state, the coun-
ty or city, the home school district, the committee on special educa-
tion, and the parent or legal guardian of a [handicapped] child WITH
DISABILITIES, the special services or programs available pursuant to
this article, and the legal procedures available to an aggrieved parent
or legal guardian of a [handicapped] child WITH DISABILITIES.
14. To provide technical assistance to school districts to assist in
the adaptation of curriculum for the instruction of children with
[handicapping conditions] DISABILITIES.
16. Commencing with the nineteen hundred eighty-seven--eighty-eight
school year, to provide for instruction during the months of July and
August of students with [handicapping conditions] DISABILITIES who have
received state appointments pursuant to article eighty-five, eighty-sev-
en or eighty-eight of this chapter and whose [handicapping conditions]
DISABILITIES, in the judgment of the commissioner, are severe enough to
exhibit the need for a structured learning environment of twelve months
duration to maintain developmental levels, by making such appointments
for twelve months; provided that the initial term of appointment of a
student with a [handicapping condition] DISABILITY who is the minimum
age eligible for such a state appointment shall not commence during the
months of July or August.
§ 7. The section heading and subdivision 2 of section 4404 of the
education law, as amended by chapter 53 of the laws of 1990, are amended
to read as follows:
Appeal procedures for children with [handicapping conditions] DISABIL-
ITIES.
2. Review by state review officer. A state review officer of the
education department shall review and may modify, in such cases and to
the extent that the review officer deems necessary, in order to properly
effectuate the purposes of this article, any determination of the impar-
tial hearing officer relating to the determination of the nature of a
child's [handicapping condition] DISABILITY, selection of an appropriate
special education program or service and the failure to provide such
program and require such board to comply with the provisions of such
modification. The commissioner shall adopt regulations governing the
practice and procedure in such appeals to the state review officer;
provided, however, that in no event shall any fee or charge whatsoever
be imposed for any appeal taken pursuant to this subdivision. The state
review officer is empowered to make all orders which are proper or
necessary to give effect to the decision of the review officer.
§ 8. The section heading, the opening paragraph of subdivision 1 and
subdivisions 2, 3 and 5 of section 4405 of the education law, the
section heading and subdivision 2 as amended by chapter 53 of the laws
of 1986, the opening paragraph of subdivision 1 and subdivisions 3 and 5
as amended by chapter 53 of the laws of 1990, paragraphs a and b of
subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph c
of subdivision 3 as amended by chapter 82 of the laws of 1995 and para-
graph d of subdivision 3 as amended by chapter 260 of the laws of 1993,
are amended to read as follows:
S. 4041--A 5
Computing financial responsibility for special educational services
for certain children with [handicapping conditions] DISABILITIES.
Maintenance for children with [handicapping conditions] DISABILITIES
in residential schools under the provisions of this article or state
schools under the provisions of articles eighty-seven and eighty-eight
of this chapter.
2. Transportation expense. The transportation expense of each child
with a [handicapping condition] DISABILITY shall be aidable in accord-
ance with subdivision seven of section thirty-six hundred two of this
chapter; provided, however, that for the school year commencing July
first, nineteen hundred seventy-six, school districts shall be appor-
tioned ninety per centum of the estimated amount of its approved costs
of such year for the transportation of children with [handicapping
conditions] DISABILITIES whose transportation was formerly provided
under a family court order and is now a charge upon the school district,
subject to the adjustment of any errors after the actual costs are
ascertained.
3. Computing state financial responsibility for operating expenses for
certain children with [handicapping conditions] DISABILITIES.
a. In addition to any other apportionments under the provisions of
this chapter, there shall be apportioned to each applicable school
district for each child with a [handicapping condition] DISABILITY in
attendance in a state school under the provisions of paragraph d of
subdivision two of section forty-four hundred one of this article or an
approved program under the provisions of paragraphs e, f, g, h, i and l
of such subdivision two, the product of such attendance, computed in
accordance with regulations of the commissioner, and the excess cost
aid: an amount computed by multiplying the excess cost, as defined in
subdivision six of section forty-four hundred one of this article by the
excess cost aid ratio defined in subdivision seven of this section.
b. In addition to the apportionment provided to a school district
pursuant to paragraph a of this subdivision for the attendance of a
child with a [handicapping condition] DISABILITY in a state school under
the provisions of paragraph d of subdivision two of section forty-four
hundred one of this article, for each such child in attendance in such
school prior to July first, nineteen hundred ninety, there shall be
apportioned an additional amount. Such amount shall equal the product of
the taper aidable cost multiplied by the taper aid ratio. The taper
aidable cost shall equal the positive remainder resulting when (i) the
apportionment attributable to such child pursuant to paragraph a of this
subdivision is subtracted from (ii) the product of such child's attend-
ance and the tuition for the state school such child attends. The taper
aid ratio shall equal the quotient, computed to three decimals without
rounding, resulting when the positive remainder of one minus the
combined wealth ratio, as defined in subdivision [one] THREE of section
thirty-six hundred two of this chapter is divided by seventy-five one-
hundredths. Such aid ratio shall not be less than zero nor more than
one.
c. The apportionments to each school district pursuant to this subdi-
vision shall be based on excess cost paid and attendance during the base
year.
d. Notwithstanding sections thirty-six hundred seven and thirty-six
hundred nine-a of this chapter, apportionments pursuant to this subdivi-
sion shall be paid to school districts upon submission of reports of
attendance and approved tuition expenditures filed in a format
prescribed by the commissioner and shall be paid from the annual appor-
S. 4041--A 6
tionment of public moneys for the support of public schools in accord-
ance with section thirty-six hundred nine-b of this chapter.
5. The commissioner shall annually determine the tuition rate and the
commissioner of social services shall annually determine the maintenance
rate for special services or programs provided during the months of July
and August for children with [handicapping conditions] DISABILITIES
entitled to attend public schools without the payment of tuition pursu-
ant to section thirty-two hundred two of this chapter. The commissioner
of education shall annually determine the tuition rate, maintenance rate
and the medical services rate, if applicable, for such children attend-
ing the New York state school for the blind or the New York state school
for the deaf during the months of July and August. Such rates shall be
determined in conformance with the reimbursement methodologies estab-
lished pursuant to subdivision four of this section and shall be subject
to the approval of the division of the budget. Rates shall be determined
for all special services or programs as defined in section forty-four
hundred one of this chapter and offered during July and August.
§ 9. Subdivisions 1, 2, 4 and 5 of section 4406 of the education law,
subdivisions 1 and 2 as amended and subdivisions 4 and 5 as added by
chapter 683 of the laws of 1986, are amended to read as follows:
1. When the family court pursuant to section two hundred thirty-six of
the family court act shall issue an order to provide for educational
services, including transportation, tuition or maintenance of such chil-
dren with [handicapping conditions] DISABILITIES, the commissioner [of
education], if he approves such order, shall issue a certificate to such
effect in duplicate, one of which shall be filed with the clerk of the
board of supervisors or other governing elective body of the county or
chief fiscal officer of the city of New York and one in the office of
the commissioner [of education]. Refusal of the commissioner to approve
such order may be reviewed only in accordance with the provisions of
article seventy-eight of the civil practice law and rules.
2. One-half of the cost of providing such services, as provided in
subdivision one of this section, as certified by the commissioner [of
education], is hereby made a charge against the county or the city of
New York in which any such [handicapped] child WITH DISABILITIES
resides, and the remaining one-half of the cost thereof shall be paid by
the state out of moneys appropriated therefor. All claims for services
rendered and for supplies furnished and for other expenses incurred in
providing such services, shall be paid in the first instance by the
board of supervisors or other governing elective body of the county or
chief fiscal officer of the city of New York in which such [handicapped]
child WITH DISABILITIES resides, upon vouchers presented and audited in
the same manner as in the case of other claims against the county or the
city of New York.
4. The commissioner is hereby authorized after consultation with an
advisory task force to be appointed by the commissioner, appropriately
representative of consumers and providers of such services, to establish
program and expenditure guidelines and standards for the provision of
special services or programs as defined in section forty-four hundred
one of this article for children with [handicapping conditions] DISABIL-
ITIES who are under the age of five and are not entitled to attend
public schools without the payment of tuition pursuant to section thir-
ty-two hundred two of this chapter.
5. a. Each county and the city of New York may perform a fiscal audit
of such services or programs within their respective county or city
ordered by the family court pursuant to section two hundred thirty-six
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of the family court act for preschool age children with [handicapping
conditions] DISABILITIES.
b. Payments made pursuant to this section by the county or the city of
New York shall, upon the conclusion of the July first to June thirtieth
school year for which such payment was made, be subject to audit against
the actual difference between such audited expenditures and revenues.
Any overpayments made shall be refunded to such county or city or such
county or city shall withhold the amount of such overpayment from any
other payments due to the claimant and shall report such overpayments to
the commissioner.
§ 10. The section heading and subdivision 1 of section 4407 of the
education law, the section heading as amended by chapter 53 of the laws
of 1986, subdivision 1 as amended by chapter 82 of the laws of 1985 and
paragraph a of subdivision 1 as amended by chapter 53 of the laws of
1989, are amended to read as follows:
Special provisions relating to instruction of certain children with
[handicapping conditions] DISABILITIES. 1. [a.] When it shall appear to
the satisfaction of the department that a child with a [handicapping
condition] DISABILITY is not receiving instruction because there are no
appropriate public or private facilities for instruction of such a child
within this state because of the unusual type of the [handicap] DISABIL-
ITY or combination of [handicaps] DISABILITIES as certified by the
commissioner, the school district of which each such pupil is a resident
is authorized to contract with an educational facility located outside
the state, which, in the judgment of the department, can meet the needs
of such child for instruction. Contracts, rates, payments and
reimbursements pursuant to this section shall be in accordance with
section forty-four hundred five of this article.
§ 11. The section heading, paragraphs a, b and d of subdivision 4 and
paragraph a of subdivision 5 of section 4410 of the education law, as
added by chapter 243 of the laws of 1989, paragraph a of subdivision 4
and subparagraph (iii) of paragraph a of subdivision 5 as amended by
chapter 705 of the laws of 1992 and paragraph d of subdivision 4 as
amended by chapter 520 of the laws of 1993, are amended to read as
follows:
Special education services and programs for preschool children with
[handicapping conditions] DISABILITIES.
a. The board shall identify each preschool child suspected of having a
[handicapping condition] DISABILITY who resides within the district and,
upon referral to the committee shall, with the consent of the parent,
provide for an evaluation related to the suspected disability of the
child. The board shall make such identification in accordance with regu-
lations of the commissioner.
b. Each board shall, within time limits established by the commission-
er, be responsible for providing the parent of a preschool child
suspected of having a [handicapping condition] DISABILITY with a list of
approved evaluators in the geographic area. The parent may select the
evaluator from such list. Each board shall provide for dissemination of
the list and other information to parents at appropriate sites including
but not limited to pre-kindergarten, day care, head start programs and
early childhood direction centers, pursuant to regulations of the
commissioner.
d. The approved evaluator shall, following completion of the evalu-
ation, transmit the documentation of the evaluation to all members of
the committee and to a person designated by the municipality in which
the preschool child resides. Each municipality shall notify the approved
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evaluators in the geographic area of the person so designated. The
summary report of the evaluation shall be transmitted in English and
when necessary, also in the dominant language or other mode of communi-
cation of the parent; the documentation of the evaluation shall be tran-
smitted in English and, upon the request of the parent, also in the
dominant language or other mode of communication of the parent, unless
not clearly feasible to do so pursuant to regulations promulgated by the
commissioner. Costs of translating the summary report and documentation
of the evaluation shall be separately reimbursed. If, based on the eval-
uation, the committee finds that a child has a [handicapping condition]
DISABILITY, the committee shall use the documentation of the evaluation
to develop an individualized education program for the preschool child.
Nothing herein shall prohibit an approved evaluator from at any time
providing the parent with a copy of the documentation of the evaluation
provided to the committee.
a. The committee shall review all relevant information, including but
not limited to:
(i) information presented by the parent and the child's teacher or
teachers pertinent to each child suspected of having a [handicapping
condition] DISABILITY;
(ii) the results of all evaluations; and
(iii) information provided by the appropriate licensed or certified
professional designated by the agency that is charged with the responsi-
bility for the child pursuant to applicable federal laws, if any.
§ 12. The section heading, paragraph f of subdivision 1 and subdivi-
sions 2, 3 and 4 of section 4410-a of the education law, as added by
chapter 53 of the laws of 1990, paragraph f of subdivision 1 as amended
by chapter 474 of the laws of 1996, subdivisions 2, 3 and 4 as amended
by chapter 280 of the laws of 1994 and such section as renumbered by
chapter 705 of the laws of 1992, are amended to read as follows:
Responsibility for certain temporary-resident preschool children with
[handicapping conditions] DISABILITIES.
f. "Preschool child with a disability" shall mean a child eligible for
services pursuant to section forty-four hundred ten of this chapter. [A
"preschool child with a handicapping condition" means a preschool child
with a disability.]
2. School district evaluation and placement responsibility. The
school district of current location of a foster care or homeless child
or child in residential care shall be responsible for the evaluation and
placement procedures prescribed for a preschool child suspected of
having a [handicapping condition] DISABILITY pursuant to section forty-
four hundred ten of this chapter. In issuing its written notice of
determination of services, the board of education of such school
district shall identify the municipality of residence of a preschool
child with a [handicapping condition] DISABILITY who is a foster care or
homeless child or child in residential care. Such notice of determi-
nation shall be transmitted to both the municipality of residence and
the municipality of current location.
3. Contract and payment responsibility. The municipality of current
location shall be the municipality of record for a preschool child with
a [handicapping condition] DISABILITY who is a foster care or homeless
child or child in residential care for the purposes of section forty-
four hundred ten of this chapter provided, however, that, notwithstand-
ing the provision of paragraph b of subdivision eleven of such section,
the state shall reimburse one hundred percent of the approved costs paid
S. 4041--A 9
by such municipality which shall be offset by the local contribution due
pursuant to subdivision four of this section.
4. Local contribution. The municipality of residence shall be finan-
cially responsible for the local contribution which shall equal that
portion of the approved costs of services to a foster care or homeless
child or child in residential care with a [handicapping condition] DISA-
BILITY which would not be reimbursed pursuant to the schedule set out in
paragraph b of subdivision eleven of section forty-four hundred ten of
this chapter. The commissioner shall certify to the comptroller the
amount of the local contribution owed by each municipality to the state.
The comptroller shall deduct the amount of such local contribution first
from any moneys due the municipality pursuant to such section and then
from any other moneys due or to become due such municipality.
§ 13. This act shall take effect immediately.
