N.Y. Education Law § 4001: Definitions

§ 4001. Definitions. As used in this article, the following terms

shall be defined as follows:

1. "Authorized agency" shall have the meaning defined in section three

hundred seventy-one of the social services law.

2. "Child care institution" shall mean any facility serving thirteen

or more children licensed by the department of social services pursuant

to title one of article seven of the social services law operated by an

authorized agency, or a residential treatment facility for children and

youth, whether or not such residential treatment facility is operated by

an authorized agency, except that Blythedale Children's Hospital shall

be a child care institution. This definition shall not include any

facility operated by a state agency or department other than the office

of mental health. It shall not include group homes or urban homes

operated by or contracted for by the division for youth.

3. "County" shall mean the county executive, or if there is none, the

chairman of the county legislative body of the county which is

responsible for a child in a child care institution or a private school,

except within the city of New York, in which case county shall mean the

mayor of said city.

4. "Child with a handicapping condition" shall mean a person between

the ages of five and twenty-one who has been identified through

appropriate evaluation and assessment as having a disability arising

from cognitive, emotional or physical factors, or any combination

thereof, which interferes with the child's ability to benefit from

regular education.

5. "Maintenance" shall mean the amount charged for room and board,

residential care and medical expenses, including those expenses

reimbursable pursuant to title nineteen of the federal social security

act, defined in accordance with the regulations of the commissioner of

social services for a child care institution pursuant to section three

hundred ninety-eight-a of the social services law. Maintenance shall not

include expenses which are otherwise reimbursable to a residential

facility by a federal, state or local agency, shall be approved by the

state commissioner of social services and the director of the budget and

shall not be otherwise payable or reimbursable.

6. "Public agency" shall mean the family court, the division for youth

or the local social services district.

7. "Residential treatment facility for children and youth" shall have

the meaning defined in section 1.03 of the mental hygiene law. Such

facilities may be operated by an authorized agency, subject to the

regulation of the office of mental health.

8. "Special act school district" shall mean those school districts

enumerated in chapter five hundred sixty-six of the laws of nineteen

hundred sixty-seven as amended.

9. "Tuition" shall mean the per pupil cost of all instructional

services, supplies and equipment, and the operation of instructional

facilities as determined by the commissioner. Approved tuition shall be

computed from expenditures for which no revenue has been received from

the following sources:

a. Receipts from the federal government;

b. Any cash receipts which reduce the cost of an item applied against

the item therefor, except gifts, donations and earned interest; and

c. Any refunds made or any apportionment or payment received from the

state for experimental or special programs as approved by the

commissioner.

10. "School district of origin" shall mean the public school district

of which a child was or is a resident at the time of such child's

placement in the care and custody of a public agency.

11. "School district of residence" shall mean the public school

district in which the child was or is living at the time a public agency

is considering placement of the child in a child care institution, or at

the time a child is placed with the division for youth.

12. "Written recommendation" shall mean the information required to be

provided by a school district to a public agency pursuant to section

forty hundred five of this article, which shall be developed as

specified by the regulations of the commissioner.