N.Y. Mental Hygiene Law § 33.11: Education for children with mental disabilities

§ 33.11 Education for children with mental disabilities.

The office of mental health and the office for people with

developmental disabilities shall provide the same education for patients

in office of mental health hospitals and residents in office for people

with developmental disabilities schools who are between the ages of five

and twenty-one which they would otherwise be entitled to receive in

their local school districts pursuant to article eighty-nine of the

education law. The cost of such education shall be a charge upon and

shall be paid by the office of mental health or the office for people

with developmental disabilities when received within such a hospital or

school by a patient or resident therein. Such education shall be adapted

to the mental attainments of such children. Provided, however, that such

children as can benefit therefrom shall be admitted to the schools of

the school district in which such hospital or school is located in

accordance with regulations of the commissioner of education developed

in consultation with the commissioners of mental health and

developmental disabilities. The cost of such instruction less the state

aid attributed to such child, shall be a charge upon the school district

in which the child resided at the time of admission to the state

hospital or school, except in those cases as provided in paragraph c of

subdivision five of section thirty-two hundred two of the education law.