N.Y. Education Law § 4004: Financial responsibility

§ 4004. Financial responsibility. 1. Tuition expenses for a child

placed by a school district in a special act school district or in a

private school operated by a child care institution pursuant to this

article shall be the responsibility of such school district pursuant to

section forty-four hundred five of this chapter.

2. a. Any tuition expenses for an educational program approved by the

education department for the purposes of this article, incurred pursuant

to section four thousand two of this article, for a child who is a

resident of this state placed in a child care institution by a social

services district, the division for youth, or family court for a full

year program of instruction pursuant to section four thousand three of

this article, or for a child who is a resident of this state receiving

care in a residential treatment facility for children and youth and who

was placed in such a facility by a social services district, the

division for youth or the family court, shall be borne by the local

social services district financially responsible for such child and

tuition expenses for a child who is a resident of this state receiving

care in a residential treatment facility for children and youth and who

was not placed in such a facility by a school district, social services

district, the division for youth or the family court shall be borne by

the office of mental health, except that no public funding shall be made

available for any child receiving care in a residential treatment

facility for children and youth whose admission did not conform with the

provisions of section 9.51 of the mental hygiene law. Tuition expenses

for children admitted to Blythedale Children's Hospital on an inpatient

basis shall be the responsibility of the social services district in

which the child resided at the time of admission to such hospital. The

school district in which the child resided at the time a social services

district or the division for youth assumed responsibility for the

support and maintenance of the child, or was admitted to Blythedale

Children's Hospital, or the child was admitted to a residential

treatment facility for children and youth shall reimburse the state

towards the state's expenditure on behalf of such child for each child

determined to be handicapped by the committee on special education of

the school district of residence pursuant to section four thousand five

of this article. The amount of such reimbursement shall be equal to the

school district basic contribution as defined in subdivision eight of

section forty-four hundred one of this chapter.

b. The comptroller shall deduct from any state funds which become due

to a public school district other than a special act school district an

amount equal to the reimbursements required to be made to the state in

accordance with this section upon certification by the commissioner of

education of the monies due.

c. The state commissioner of social services shall notify the

commissioner of education at least every six months commencing September

first, nineteen hundred eighty-one of the name of each child for whom a

local social services commissioner has paid tuition during the preceding

six month period, the name of the school to which such tuition has been

paid, and the school district in which such child resided at the time of

entrance to care and whether such child has been determined to be

handicapped.

3. In the event of the failure of the social services district to make

payment for tuition pursuant to the provisions of this section, the

state comptroller shall withhold state reimbursement to any such social

services district in an amount equal to the unpaid obligation for

tuition and pay over such sum to the child care institution or special

act school district upon certification of the state commissioner of

social services. The state commissioner of social services shall

promulgate regulations to implement the provisions of this subdivision.

4. Nothing in this article shall be construed to deny or limit access

to a free and appropriate education for a handicapped child pursuant to

the federal education of the handicapped act, as amended and the

regulations promulgated thereunder.

5. The board of education of a special act school district shall be

authorized to establish a fiscal stabilization reserve fund. There may

be paid into such fund an amount as may be provided pursuant to the

requirements of paragraph k of subdivision four of section forty-four

hundred five of this title.