N.Y. Education Law § 4006: Notification procedures for determination of residence

§ 4006. Notification procedures for determination of residence. 1.

Within thirty days of the placement of a child, determined to be

handicapped pursuant to subdivision one of section forty hundred five of

this article, in a child care institution, the local social services

commissioner, the division for youth or the operator of a residential

treatment facility for children and youth which is not operated by an

authorized agency shall notify the board of education of the school

district of origin and the state commissioner of social services. Such

notification shall include the name of the child and the residence of

the child at the time of entrance to care. The commissioner shall

promulgate regulations, in consultation with the commissioner of social

services, the commissioner of mental health and the director of the

division for youth, to implement this subdivision.

2. A board of education of a school district which receives

notification that a child has been placed in a child care institution

for the purposes of this section may deny financial responsibility for

such child by written notice, within twenty days of notification

pursuant to subdivision one of this section, to the commissioner and the

public agency placing the child.

3. The division for youth or the social services district placing such

child may appeal such denial of responsibility to the commissioner. If

the commissioner finds that the child was not a resident of the school

district that was notified that the child was a resident, the

commissioner shall request the division for youth or social services

commissioner to ascertain the correct school district and notify such

school district pursuant to subdivision one of this section. If the

commissioner finds that a child has no residence in this state, he shall

determine that there is no school district contribution for such child.

4. Any final determination or order of the commissioner concerning

residence or placement of any child under this section may only be

reviewed in a proceeding brought in the supreme court pursuant to

article seventy-eight of the civil practice law and rules. In any such

proceeding under such article seventy-eight, the court may grant any

relief authorized by the provisions of section seventy-eight hundred six

of such law and rules and may also, in its discretion, remand the

proceedings to the commissioner. A local social services commissioner or

the division for youth is a proper party in any such appeal or

proceeding.