N.Y. Education Law § 4357: School district and social services district financial responsibility

§ 4357. School district and social services district financial

responsibility. 1. Financial responsibilities. School districts and

social services districts shall be responsible for the costs of tuition

and maintenance, respectively, for children attending the New York state

school for the deaf during the September first through June thirtieth

session. Such costs shall be established pursuant to section forty-four

hundred five of this chapter. a. The school district of which any such

child is resident at the time of admission or readmission to the New

York State school for the deaf pursuant to this article shall be

required to reimburse the state in an amount equal to the tuition

payments made to the state school by the state on behalf of the school

district. The comptroller shall deduct the appropriate tuition amounts

from any state funds which become due to a school district for each year

in which such child is in attendance at such school, and shall deposit

such funds to the special revenue accounts established for such purpose.

Any tuition amounts deducted pursuant to this subdivision shall be

included in the approved operating expense of the school district

pursuant to paragraph t of subdivision one of section thirty-six hundred

two of this chapter.

b. The social services district in which any such child is resident at

the time of admission or readmission to the New York state school for

the deaf pursuant to this article shall be required to reimburse the

state in an amount equal to the maintenance payments made to the state

school by the state on behalf of the social services district. The

comptroller may deduct the appropriate maintenance amounts from any

state funds which become due to a social services district for each year

in which such child is in attendance at such school only upon

notification by the commissioner of social services after receiving

notice by the commissioner of education that such social services

district has failed to remit the required maintenance payments within

ninety days of the date on which such social services district is billed

by the state for services rendered, and shall deposit such amount to the

special revenue accounts established for such purpose.

2. Payment for preschool children with handicapping conditions. The

state share of the costs of tuition, maintenance and transportation for

preschool children attending the New York state school for the deaf

during the July and August summer session and the September through June

session shall be paid from the state moneys appropriated in support of

the provisions of section forty-four hundred ten of this chapter. The

remaining share shall be a charge on the county, or the city of New

York, of which any such child is resident at the time of admission or

readmission to such school. The state share shall be as set forth in

paragraph b of subdivision eleven of section forty-four hundred ten of

this chapter. For the purposes of this subdivision "preschool child"

shall mean a child not eligible, by reason of age, for the deaf-infant

program pursuant to section forty-two hundred four-a of this chapter and

not eligible, by reason of age, to attend the public schools pursuant to

section thirty-two hundred two of this chapter, provided that a child

shall be deemed a preschool child through the month of August of the

school year in which the child first becomes eligible to attend the

public schools. Preschool education charges on a county, or the city of

New York, pursuant to this subdivision shall be deducted by the

comptroller within thirty days of the issuance of a warrant by the

commissioner from any state funds which become due to a county, or the

city of New York, and be credited to the special revenue account

established for such purpose. Such tuition, maintenance and

transportation costs shall be determined pursuant to section forty-four

hundred five of this chapter.

3. Deaf infants. The full costs of a deaf-infant program, as

determined by the commissioner of education and approved by the director

of the budget, for children below the age of three served by the New

York state school for the deaf pursuant to section forty-two hundred

four-a of this chapter shall be paid from the state moneys appropriated

in support of such section forty-two hundred four-a.