N.Y. Education Law § 4204-a: Deaf-infant program

§ 4204-a. Deaf-infant program. (1) All deaf children resident in this

state, below the age of three, of suitable age and capacity, who shall

have been resident in this state for one year immediately preceding the

application, or is an orphan whose nearest friend shall have been

resident in this state for one year immediately preceding the

application, shall be eligible to receive approved educational services

in one of the institutions for instruction for the deaf of the state as

enumerated in section forty-two hundred one of this article, as well as

in such educational programs or other like facilities which shall, in

the discretion of the commissioner, be certified as eligible to receive

such pupils on a day basis only; provided, however, the foregoing

requirement as to length of residence in this state may be waived in the

discretion of the commissioner. Such children who are first eligible for

services pursuant to section forty-four hundred ten of this title whose

parents or persons in parental relationship elect to have them continue

to receive services pursuant to this section may do so through August

thirty-first of the calendar year in which such child turns three.

(2) Each deaf pupil so received into any of the approved institutions

or facilities aforesaid shall be provided with tuition; and the

directors of the institution or facility 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 or facility, on his presenting a

bill showing the actual time and number of pupils in attendance, which

bill shall be signed by the chief executive officer of the institution,

and verified under his oath.

(3) Children placed in any such approved institution or facility,

pursuant to this section, shall be maintained therein on a day basis

only at the expense of the state for the period of time the school is in

session. Further, the commissioner shall approve such expense only if

the child attends the facility nearest his legal residence; provided,

however, that the foregoing requirement as to the facility the child

shall attend may be waived in the discretion of the commissioner.

(4) The commissioner shall promulgate such rules and regulations

pertaining to the educational programs for deaf children placed in

facilities under the provisions of this section as he shall deem to be

in the best interests of such children.

(5) The department shall maintain a register of such approved

institutions or facilities which, after inspection, it deems qualified

to meet the needs of such child for instruction of such child in such

institution or facility. Such inspection shall also determine the

eligibility of such educational facility to receive the funds

hereinbefore specified.