N.Y. Education Law § 4407: Special provisions relating to instruction of certain children with disabilities

§ 4407. Special provisions relating to instruction of certain children

with disabilities. 1. When it shall appear to the satisfaction of the

department that a child with a disability is not receiving instruction

because there are no appropriate public or private facilities for

instruction of such a child within this state because of the unusual

type of the disability or combination of disabilities as certified by

the commissioner, the school district of which each such pupil is a

resident is authorized to contract with an educational facility located

outside the state, which, in the judgment of the department, can meet

the needs of such child for instruction. Contracts, rates, payments and

reimbursements pursuant to this section shall be in accordance with

section forty-four hundred five of this article.

2. The state education department shall maintain a register of such

educational facilities which are outside of the state which, after

inspection, it deems qualified to meet the needs of certain children for

instruction pursuant to subdivision one of this section.

3. Notwithstanding the location of the educational facility, if a

child meets the eligibility requirements of subdivision one of this

section and has, prior to July first, nineteen hundred seventy-six

received support under this section of law by attending an educational

facility within the state, such child shall be allowed to continue such

attendance. The provisions of subdivision one of this section shall

apply to such child as though such child was in attendance at an

out-of-state educational facility.

4. The school district of which such a child is a resident at the time

of admission to such an educational facility shall be required to

reimburse the state on account of any expenditure made by the state for

such child pursuant to subdivision one or three of this section. For the

school year commencing July first, nineteen hundred seventy-seven and

continuing through the nineteen hundred eighty-eight -- eighty-nine

school year, such reimbursement shall be an amount equal to the school

district basic contribution defined in subdivision eight of section

forty-four hundred one of this article. After the close of the school

year for which such reimbursement is due, the comptroller may deduct

from any state funds which become due to a school district an amount

equal to the reimbursement required to be made by such school district

in accordance with this subdivision, and the amount so deducted shall

not be included in the operating expense of such district for the

purposes of computing the apportionment for operating expense pursuant

to subdivision eleven of section thirty-six hundred two of this chapter.

5. The commissioner shall prescribe the form for the contracts between

the school districts and the educational facilities which contracts

shall include a unified statewide payment schedule. For the nineteen

hundred eighty-nine--ninety school year, such contracts shall be deemed

to be in effect as of July first, nineteen hundred eighty-nine.