N.Y. Education Law § 4204: Support and term of instruction of deaf state pupils

§ 4204. Support and term of instruction of deaf state pupils. 1. Each

deaf pupil so received into any of the institutions aforesaid shall be

provided with board, lodging and tuition; and the directors of the

institution 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; provided, however, that an estimated one-half of each such

quarterly payment shall be due on the first day of each quarter, the

estimate to be based on the affidavit of the chief executive officer of

the institution stating the number of pupils for whom board, lodging and

tuition was so provided by the institution during the preceding quarter

and during the comparable quarter of the preceding year, and the

remaining part of each such quarterly payment shall be due thereafter on

the first day of the quarter next ensuing, upon the presentation by the

treasurer of the institution of a bill showing the actual time and

number of pupils attending the institution, which bill shall be signed

by the chief executive officer of the institution, and verified by his

oath. The provisions of this subdivision shall apply to board, lodging

and tuition for the two thousand ten--two thousand eleven and prior

school years.

2. For expenses incurred in the two thousand eleven--two thousand

twelve school year and thereafter, each deaf pupil so received into any

of the institutions subject to this article shall be provided with

board, lodging and tuition, and such institutions shall be reimbursed

for such expenses in accordance with this subdivision.

a. For the two thousand eleven--twelve and two thousand

twelve--thirteen school years, costs of tuition as defined in section

forty-two hundred eleven of this article, shall be a charge upon the

school district of which any such child is resident at the time of

admission or readmission to any of the institutions subject to this

article and the directors of the institution shall bill such school

district for such tuition costs on a quarterly basis. The first such

quarterly payment may be based on projected enrollment, provided that

subsequent payments shall be adjusted to reflect actual enrollment. The

amount of tuition paid by such school district shall be eligible for

reimbursement by the state to the extent provided in section forty-two

hundred four-b of this article.

b. For the two thousand thirteen--two thousand fourteen school year

and thereafter, the costs of tuition as defined in section forty-two

hundred eleven of this article, shall be a charge upon the current

school district of residence of any such child subject to this article

and the directors of the institution shall bill such school district for

such tuition costs on a quarterly basis. The first such quarterly

payment may be based on projected enrollment, provided that subsequent

payments shall be adjusted to reflect actual enrollment. The amount of

tuition paid by such school district shall be eligible for reimbursement

by the state to the extent provided in section forty-two hundred four-b

of this article.

c. The costs of board and lodging shall be a charge upon the state and

the directors of the institution 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; provided, however, that an

estimated one-half of each such quarterly payment shall be due on the

first day of each quarter, the estimate to be based on the affidavit of

the chief executive officer of the institution stating the number of

pupils for whom board and lodging was so provided by the institution

during the preceding quarter and during the comparable quarter of the

preceding year, and the remaining part of each such quarterly payment

shall be due thereafter during the first day of each quarter next

ensuing, upon the presentation by the treasurer of the institution of a

bill showing the actual time and number of pupils attending the

institution who received board and lodging, which bill shall be signed

by the chief executive officer of the institution, and verified by his

oath.

3. The regular term of instruction of any such deaf pupil shall be

twelve years, or until the pupil shall have attained the age of eighteen

years before the expiration of twelve years from the beginning of such

term. The commissioner may, in his discretion, extend the term of any

pupil until his twenty-first birthday for the purpose of pursuing or

completing academic or vocational courses of study. Such pupils must be

recommended by the trustees of the institution in which they are in

attendance before such extension of time is granted.

4. Children placed in any such institution for the instruction of the

deaf, pursuant to section forty-two hundred three of this article, shall

be maintained therein for the period of time the school is in session.