§ 236. Powers of the family court with regard to certain handicapped
children. 1. This section shall apply for: (a) services provided to
children with handicapping conditions as defined in subdivision one of
section forty-four hundred one of the education law who were not
eligible, prior to September first, nineteen hundred eighty-six, for
educational services during July and August pursuant to article
seventy-three, eighty-five, eighty-seven, eighty-eight or eighty-nine of
the education law; (b) for services provided to children with
handicapping conditions who meet all the criteria of subdivision one of
section forty-four hundred one of the education law except that such
children are under the age of five and are not entitled to attend public
schools without the payment of tuition pursuant to section thirty-two
hundred two of the education law and that such children are also not
eligible for educational services pursuant to article seventy-three,
eighty-five, eighty-seven, eighty-eight or eighty-nine of the education
law; (c) for services provided to children with handicapping conditions
who meet all the criteria of subdivision one of section forty-four
hundred one of the education law except that such children are five
years of age or under and: (i) are first eligible to attend public
school in the nineteen hundred eighty-seven--eighty-eight or the
nineteen hundred eighty-eight--eighty-nine school year but are not
eligible for educational services pursuant to the education law during
the months of July and August, nineteen hundred eighty-seven or nineteen
hundred eighty-eight, or (ii) are not eligible to commence a state
appointment pursuant to article eighty-five, eighty-seven or
eighty-eight of the education law during the months of July and August;
(d) for services provided during the nineteen hundred
eighty-nine--ninety school year, pursuant to the provisions of
subdivision six of section forty-four hundred ten of the education law;
(e) for services provided prior to July first, nineteen hundred
ninety-one to children with handicapping conditions who met the criteria
of subdivision one of section forty-four hundred one of the education
law except that such children were three years of age or under and (i)
were not eligible for services pursuant to section forty-four hundred
ten of such law, or (ii) were not eligible for services through a state
appointment pursuant to article eighty-five, eighty-seven or
eighty-eight of such law; and (f) for services provided on or after July
first, nineteen hundred ninety-one to children with handicapping
conditions who meet the criteria of subdivision one of section
forty-four hundred one of the education law except that such children
are three years of age or under and (i) are not eligible for services
pursuant to section forty-four hundred ten of such law, or who are first
eligible for services pursuant to such section whose parents or persons
in parental relationship elect to have them continue to be eligible to
receive services pursuant to this section through August thirty-first of
the calendar year in which the child turns three or (ii) are not
eligible for services through a state appointment pursuant to article
eighty-five, eighty-seven or eighty-eight of such law. (f) for services
provided to children with handicapping conditions who meet the criteria
of subdivision one of section forty-four hundred one of the education
law and who, on or before June thirtieth, nineteen hundred ninety-three,
are receiving services or who, as of July first, nineteen hundred
ninety-three, have petitioned for services pursuant to this section
prior to such date and which complete petition has not been denied prior
to October first, nineteen hundred ninety-three and whose parent has
elected to continue the provision of such services until the child is no
longer an eligible child under title II-A of article twenty-five of the
public health law or is eligible for services pursuant to section
forty-four hundred ten of the education law. (g) Notwithstanding any
other provision of this section, this section shall not apply for
services to children who were not receiving services prior to July
first, nineteen hundred ninety-three, or who, as of July first, nineteen
hundred ninety-three, have petitioned for services prior to July first,
nineteen hundred ninety-three and whose complete petition has been
denied prior to October first, nineteen hundred ninety-three.

2. Whenever such a child within the jurisdiction of the court pursuant
to this section appears to the court to be in need of special
educational services as provided in section forty-four hundred six of
the education law, including transportation, tuition or maintenance, a
suitable order may be made for the education of such child in its home,
a hospital, or other suitable institution, and the expenses thereof,
when approved by the court and duly audited, shall be a charge upon the
county or the city of New York thereof wherein the child is domiciled at
the time application is made to the court for such order.

3. (a) Every such order for services to be provided after September
first, nineteen hundred eighty-six which provides for the transportation
of a child shall further require that such transportation shall be
provided by the county or the city of New York, as the case may be, and,
that the city of New York may delegate the authority to provide such
transportation to the board of education or the city school district of
such city.

(b) Such order shall further require that such transportation shall be
provided within thirty days of the issuance of such order, and, shall be
provided as part of a municipal cooperation agreement, as part of a
contract awarded to the lowest responsible bidder in accordance with the
provisions of section one hundred three of the general municipal law, or
as part of a contract awarded pursuant to an evaluation of proposals to
the extent authorized by paragraphs e and f of subdivision fourteen of
section three hundred five of the education law and otherwise consistent
with the provisions of this subdivision, and that buses and vehicles
utilized in the performance of such contract shall meet the minimum
requirements for school age children as established by the commissioner
of transportation.