N.Y. Education Law § 4406: Procedures through the family court; cost of certain educational services

§ 4406. Procedures through the family court; cost of certain

educational services. 1. When the family court pursuant to section two

hundred thirty-six of the family court act shall issue an order to

provide for educational services, including transportation, tuition or

maintenance of such children with disabilities, the commissioner, if he

approves such order, shall issue a certificate to such effect in

duplicate, one of which shall be filed with the clerk of the board of

supervisors or other governing elective body of the county or chief

fiscal officer of the city of New York and one in the office of the

commissioner. Refusal of the commissioner to approve such order may be

reviewed only in accordance with the provisions of article seventy-eight

of the civil practice law and rules.

2. One-half of the cost of providing such services, as provided in

subdivision one of this section, as certified by the commissioner, is

hereby made a charge against the county or the city of New York in which

any such child with disabilities resides, and the remaining one-half of

the cost thereof shall be paid by the state out of moneys appropriated

therefor. All claims for services rendered and for supplies furnished

and for other expenses incurred in providing such services, shall be

paid in the first instance by the board of supervisors or other

governing elective body of the county or chief fiscal officer of the

city of New York in which such child with disabilities resides, upon

vouchers presented and audited in the same manner as in the case of

other claims against the county or the city of New York.

3. The legislature shall appropriate an amount sufficient to pay

one-half of the claims paid by a county or the city of New York for the

purposes and in the manner herein specified. The clerk of the board of

supervisors or other governing elective body of each county or chief

fiscal officer of the city of New York which has paid claims as provided

herein shall, not more than once in each month, transmit to the

commissioner of education a certified statement in the form prescribed

by him, stating the amount expended for the purposes specified herein,

the date of each expenditure, and the purpose for which it was made.

Upon the receipt of such certified statement the commissioner of

education shall examine the same, and if such expenditures were made as

required by law he shall approve it and transmit it to the comptroller

for audit. The comptroller shall thereupon issue his warrant in the

amount specified in such approved statement for the payment thereof out

of moneys appropriated therefor to the county treasurer of the county or

chief fiscal officer of the city of New York by which such payments were

made.

4. The commissioner is hereby authorized after consultation with an

advisory task force to be appointed by the commissioner, appropriately

representative of consumers and providers of such services, to establish

program and expenditure guidelines and standards for the provision of

special services or programs as defined in section forty-four hundred

one of this article for children with disabilities who are under the age

of five and are not entitled to attend public schools without the

payment of tuition pursuant to section thirty-two hundred two of this

chapter.

5. a. Each county and the city of New York may perform a fiscal audit

of such services or programs within their respective county or city

ordered by the family court pursuant to section two hundred thirty-six

of the family court act for preschool age children with disabilities.

b. Payments made pursuant to this section by the county or the city of

New York shall, upon the conclusion of the July first to June thirtieth

school year for which such payment was made, be subject to audit against

the actual difference between such audited expenditures and revenues.

Any overpayments made shall be refunded to such county or city or such

county or city shall withhold the amount of such overpayment from any

other payments due to the claimant and shall report such overpayments to

the commissioner.

6. Notwithstanding any other provision of law to the contrary, no

payments shall be made by the commissioner pursuant to this section on

or after July first, two thousand based on a claim for services

rendered, provided however, that no payment shall be barred or reduced

where such payment is required as a result of a court order or judgment

issued on or after July first, two thousand or a final audit.