N.Y. Education Law § 4401: Definitions

§ 4401. Definitions. As referred to in this article. * 1. A "child

with a disability" or "student with a disability" means a person under

the age of twenty-one who is entitled to attend public schools pursuant

to section thirty-two hundred two of this chapter and who, because of

mental, physical or emotional reasons can only receive appropriate

educational opportunities from a program of special education. Such term

does not include a child whose educational needs are due primarily to

unfamiliarity with the English language, environmental, cultural or

economic factors. Lack of appropriate instruction in reading, including

in the essential components of reading instruction as defined in

subsection three of section twelve hundred eight of the elementary and

secondary education act of nineteen hundred sixty-five, or lack of

appropriate instruction in mathematics or limited English proficiency

shall not be the determinant factor in identifying a student as a

student with a disability. "Special education" means specially designed

instruction which includes special services or programs as delineated in

subdivision two of this section, and transportation, provided at no cost

to the parents to meet the unique needs of a child with a disability. A

"child with a handicapping condition" means a child with a disability.

* NB Effective until June 30, 2027

* 1. A "child with a disability" or "student with a disability" means

a person under the age of twenty-one who is entitled to attend public

schools pursuant to section thirty-two hundred two of this chapter and

who, because of mental, physical or emotional reasons can only receive

appropriate educational opportunities from a program of special

education. Such term does not include a child whose educational needs

are due primarily to unfamiliarity with the English language,

environmental, cultural or economic factors. Lack of instruction in

reading or mathematics or limited English proficiency shall not be the

determinant factor in identifying a student as a student with a

disability. "Special education" means specially designed instruction

which includes special services or programs as delineated in subdivision

two of this section, and transportation, provided at no cost to the

parents to meet the unique needs of a child with a disability. A "child

with a handicapping condition" means a child with a disability.

* NB Effective June 30, 2027

2. "Special services or programs". For purposes of this article,

special services or programs shall mean the following:

a. Special classes, transitional support services, resource rooms,

direct and indirect consultant teacher services, transition services as

defined in subdivision nine of this section, assistive technology

devices as defined under federal law, travel training, home instruction,

and special teachers to include itinerant teachers as provided by the

schools of the district of residence with such terms and services to be

defined by regulations of the commissioner.

b. Contracts with other districts for special services or programs.

c. Contracts with or special services or programs provided by boards

of cooperative educational services.

d. Appointment by the commissioner to a state school in accordance

with article eighty-seven or eighty-eight of this chapter or a

state-supported school in accordance with article eighty-five of this

chapter.

e. Contracts with private non-residential schools which have been

approved by the commissioner and which are within the state for special

services or programs.

f. Contracts with private non-residential schools which have been

approved by the commissioner and which are outside of the state for

special services or programs.

g. Contracts with private residential schools which have been approved

by the commissioner and which are within the state for special services

or programs.

h. Contracts with private residential schools which have been approved

by the commissioner and which are outside the state for special services

or programs.

i. Contracts with the state university at Binghamton for

non-residential special services or programs at the children's unit for

treatment and evaluation which have been approved by the commissioner.

j. Provision of educational services in a residential facility for the

care and treatment of students with disabilities under the jurisdiction

of a state agency other than the department.

* k. Related services which shall in appropriate cases be furnished to

students with disabilities shall include audiology, counseling including

rehabilitation counseling services, occupational therapy, physical

therapy, speech pathology, medical services as defined by regulations of

the commissioner, psychological services, school health services, school

nurse services, school social work, assistive technology services as

defined under federal law, interpreting services, orientation and

mobility services, parent counseling and training and other appropriate

developmental, corrective or other support services and appropriate

access to recreation. Such term does not include a medical device that

is surgically implanted, the optimization of that device's functioning

(e.g., mapping), maintenance of that device, or the replacement of such

device.

* NB Effective until June 30, 2027

* k. Related services which shall in appropriate cases be furnished to

students with disabilities shall include audiology, counseling including

rehabilitation counseling services, occupational therapy, physical

therapy, speech pathology, medical services as defined by regulations of

the commissioner, psychological services, school health services, school

social work, assistive technology services as defined under federal law,

orientation and mobility services, parent counseling and training and

other appropriate developmental, corrective or other support services

and appropriate access to recreation.

* NB Effective June 30, 2027

l. Contracts for residential or nonresidential placements with a

special act school district listed in chapter five hundred sixty-six of

the laws of nineteen hundred sixty-seven.

m. Provision of nonresidential education services in Fairmount

children's center, which facility has been approved by the commissioner

for the education of students with disabilities. Students placed under

the provisions of this paragraph shall not be eligible for state aid

under the provisions of sections thirty-six hundred two and thirty-six

hundred two-c of this chapter.

n. Formalized agreements for the provision of transition services as

defined in subdivision nine of this section in programs such as

vocational training programs approved by the department or by another

state agency. Nothing in this article shall be construed to relieve

another agency of responsibility to provide or pay for any transition

service that the agency would otherwise provide to students with

disabilities who meet the eligibility criteria of that agency.

3. "Maintenance". For purposes of this article "maintenance" shall

mean the amount charged for room and board and allocable debt service as

determined by the commissioner for the living unit of the residential

facility by a residential school and such reasonable medical expenses

actually and necessarily incurred by a child with disabilities while

actually in attendance at a residential school, provided that such

medical expenses shall be for diagnostic, evaluative, educationally

related, and emergency care services as defined by regulations of the

commissioner. Such amount, which shall not include expenses which are

otherwise reimbursable to a residential facility by a federal, state or

local agency, shall be approved by the commissioner of social services

and the director of the division of the budget and shall not be

otherwise payable or reimbursable.

4. "Transportation expense." For the purposes of determining

transportation aid pursuant to this article, "transportation expense"

shall mean any cost incurred by the school district for the

transportation of a child with disabilities pursuant to the provisions

of subdivision four of section forty-four hundred two of this article,

notwithstanding any minimum or maximum aidable limits established by

other provisions of the education law or pursuant to regulations of the

commissioner or school district, allowed pursuant to the applicable

provisions of parts two and three of article seventy-three of this

chapter, provided, however, that such transportation shall not be in

excess of fifty miles from the home of such pupil to the appropriate

special service or program unless the commissioner shall certify that no

appropriate non-residential special service or program is available

within such fifty miles, and that the commissioner may establish by

regulation a maximum number of trips between a pupil's home and the

private residential school which provides special services or programs

to such pupil. Such cost shall include the cost of joint or regional

transportation provided by school districts or boards of cooperative

educational services for such purposes and subject to the same limits.

5. "Tuition" shall mean the per pupil cost of all instructional

services, supplies and equipment, the operation of instructional

facilities and allocable debt service for the instructional facilities,

as determined by the commissioner. Approved tuition shall be computed

from expenditures from which no revenue has been received from the

following sources:

(a) receipts from the federal government;

(b) any cash receipts which reduce the cost of an item applied against

the item therefor, except gifts, donations and earned interest, and

(c) any refunds made or any apportionment or payment received from the

state for experimental or special programs as approved by the

commissioner.

6. "Excess cost" shall mean the difference between the tuition and the

sum of the following:

a. the school district basic contribution as defined in subdivision

eight of this section; and

b. the amount of federal funds received by the school district and

expended for such pupil which in the judgment of the commissioner shall

be deemed duplicative.

7. "Excess cost aid ratio" for a school district shall be computed by

subtracting from one the product obtained by multiplying fifteen per

centum by the combined wealth ratio as defined in section thirty-six

hundred two of this chapter. This aid ratio shall be expressed as a

decimal carried to three places without rounding, but shall not be less

than fifty hundredths, nor more than one.

8. "School district basic contribution" shall mean an amount equal to

the total school district local property and non-property tax levy for

the base year divided by the base year public school district enrollment

of resident pupils of the school district as defined in paragraph n of

subdivision one of section thirty-six hundred two of this chapter,

except that for the two thousand thirteen--two thousand fourteen and two

thousand fourteen--two thousand fifteen school year and thereafter, for

school districts other than central high school districts and their

components, such tax levy for the base year shall be divided by the year

prior to the base year pupil count as determined by the commissioner

pursuant to paragraph f of subdivision two of section thirty-six hundred

two of this chapter for any school district in which such year prior to

the base year pupil count exceeds one hundred fifty percent of such base

year public school district enrollment of resident pupils.

* 9. "Transition services" shall mean a coordinated set of activities

for a student with a disability, designed to be within a

results-oriented process, that is focused on improving the academic and

functional achievement of the student with a disability to facilitate

movement from school to post-school activities, including post-secondary

education, vocational education, integrated employment (including

supported employment), continuing and adult education, adult services,

independent living, or community participation. The coordinated set of

activities shall be based upon the student's strengths, preferences and

interests, and shall include instruction, related services, community

experiences, the development of employment and other post-school adult

living objectives, and, if appropriate, acquisition of daily living

skills and provision of a functional vocational evaluation.

* NB Effective until June 30, 2027

* 9. "Transition services" shall mean a coordinated set of activities

for a student with a disability, designed within an outcome-oriented

process, which promotes movement from school to post-school activities,

including post-secondary education, vocational training, integrated

competitive employment (including supported employment), continuing and

adult education, adult services, independent living, or community

participation. The coordinated set of activities shall be based upon the

individual student's needs, taking into account the student's

preferences and interests, and shall include instruction, related

services, community experiences, the development of employment and other

post-school adult living objectives, and, if appropriate, acquisition of

daily living skills and functional vocational evaluation.

* NB Effective June 30, 2027

10. Notwithstanding any inconsistent provisions of this article, where

a private not-for-profit school enters into a lease, sublease or other

agreement with the dormitory authority pursuant to section sixteen

hundred eighty of the public authorities law, the tuition rates

established by the commissioner pursuant to this section shall be

established in two parts, one part of which shall be the cost per child

of the annual rental payment pursuant to such lease, sublease or other

agreement to be paid by the school district or the social services

district, as the case may be, to the fund established by this chapter;

the remaining part shall be the tuition amount to be paid to the private

not-for-profit school.

11. Notwithstanding any inconsistent provisions of this article, where

the special act school district enters into a lease, sublease or other

agreement with the dormitory authority pursuant to section four hundred

seven-a of this chapter, the tuition rates established by the

commissioner pursuant to this section shall be established in two parts,

one part of which shall be the cost per child of the annual rental

payment pursuant to such section four hundred seven-a of this chapter to

be paid by the school district or the social services district, as the

case may be, to the fund established in such section; the remaining part

shall be the tuition amount to be paid to the special act school

district.