§ 4204-a. Deaf-infant program. (1) All deaf children resident in this
state, below the age of three, of suitable age and capacity, who shall
have been resident in this state for one year immediately preceding the
application, or is an orphan whose nearest friend shall have been
resident in this state for one year immediately preceding the
application, shall be eligible to receive approved educational services
in one of the institutions for instruction for the deaf of the state as
enumerated in section forty-two hundred one of this article, as well as
in such educational programs or other like facilities which shall, in
the discretion of the commissioner, be certified as eligible to receive
such pupils on a day basis only; provided, however, the foregoing
requirement as to length of residence in this state may be waived in the
discretion of the commissioner. Such children who are first eligible for
services pursuant to section forty-four hundred ten of this title whose
parents or persons in parental relationship elect to have them continue
to receive services pursuant to this section may do so through August
thirty-first of the calendar year in which such child turns three.

(2) Each deaf pupil so received into any of the approved institutions
or facilities aforesaid shall be provided with tuition; and the
directors of the institution or facility shall receive an appropriation
for each pupil so provided for, in quarterly payments, to be paid by the
commissioner of taxation and finance on the warrant of the comptroller,
to the treasurer of said institution or facility, on his presenting a
bill showing the actual time and number of pupils in attendance, which
bill shall be signed by the chief executive officer of the institution,
and verified under his oath.

(3) Children placed in any such approved institution or facility,
pursuant to this section, shall be maintained therein on a day basis
only at the expense of the state for the period of time the school is in
session. Further, the commissioner shall approve such expense only if
the child attends the facility nearest his legal residence; provided,
however, that the foregoing requirement as to the facility the child
shall attend may be waived in the discretion of the commissioner.

(4) The commissioner shall promulgate such rules and regulations
pertaining to the educational programs for deaf children placed in
facilities under the provisions of this section as he shall deem to be
in the best interests of such children.

(5) The department shall maintain a register of such approved
institutions or facilities which, after inspection, it deems qualified
to meet the needs of such child for instruction of such child in such
institution or facility. Such inspection shall also determine the
eligibility of such educational facility to receive the funds
hereinbefore specified.