NY Educ L § 1004 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 21 - Vocational Rehabilitation 1004 - Powers and Duties of the Education Department.

§ 1004. Powers and duties of the education department.The  education  department  shall  have  the  responsibility of and is   hereby authorized:1. To adopt and promulgate such rules and regulations  and  take  such   action as may be necessary to carry out the provisions of this article.2.  To  provide vocational rehabilitation services directly or through   public or private instrumentalities for handicapped  persons  (excepting   blind  persons and, with respect to physical restoration services, those   persons who are entitled to  such  services  pursuant  to  the  workers'   compensation  law  and  the  volunteer  firefighters' benefit law) whose   vocational  rehabilitation  the   department   determines   after   full   investigation  may  be  satisfactorily  achieved.  In  the course of its   investigation of an  individual  applicant's  vocational  rehabilitation   potential  the  department  may  conduct  an extended evaluation program   including utilization of such vocational rehabilitation services  as  it   deems necessary.3.  To  enter  into reciprocal agreements with other states to provide   for the vocational rehabilitation of handicapped persons.4.  To  engage  in  and  contract   for   the   making   of   studies,   investigations,  demonstrations, research and reports, and the provision   of training and instruction (including the establishment and maintenance   of fellowships and traineeships with such stipends and allowances as may   be deemed necessary) the assessment of existing facilities and  services   and  the  evaluation of present and future requirements, including plans   for the purposes enumerated above  in  matters  relating  to  vocational   rehabilitation.5.  To  arrange  and  pay  part of the cost of projects leading to the   construction  of  workshops  and  rehabilitation  facilities   and   the   extension   and   improvement   or   the   establishment  of  vocational   rehabilitation  services  for   handicapped   persons,   including   the   furnishing  of  equipment or the furnishing of funds for the purchase of   equipment  and  supplies,  personnel  and  other  necessary  and  proper   expenses  in  the construction, establishment, improvement, continuation   or extension of rehabilitation  facilities  and  workshops  operated  by   public or nonprofit organizations and agencies.6. To cooperate in the operation of this article with the state agency   or   agencies  administering  the  state's  public  assistance  program,   workmen's  compensation  program,  the  departments  of  health,  mental   hygiene,  the  federal  agencies  charged with the administration of the   federal social security act and the federal fair labor standards act  or   other  appropriate federal legislation and with other public and private   agencies providing services related to  vocational  rehabilitation,  and   with  the state system of public employment offices in the state, making   maximum  feasible  utilization  of  the  job  placement  and  employment   counseling  services  and other services and facilities of such offices,   and to issue such certifications as are required or indicated thereby.7. Within its discretion, to consider financial  need  of  handicapped   individuals  for  the  purposes  of  determining  the  extent  of  their   respective participation  in  the  costs  of  vocational  rehabilitation   services  and to promulgate rules and regulations establishing financial   need as a condition to the availability of any of the services specified   in paragraph a of subdivision five of section one thousand two  of  this   chapter except that no economic need test will be applied as a condition   for  furnishing  the  following  vocational rehabilitation services: (a)   evaluation, including diagnostic and related  services;  (b)  counseling   and guidance; and (c) placement.8.  To  supervise  and  monitor service centers for independent living   pursuant to article twenty-three-A of this chapter. 9. To contract with not-for-profit organizations for the provision  of   supported  employment  services,  as  defined  in  subdivision twelve of   section ten hundred two of this article, to  individuals  having  severe   disabilities defined in subdivision fourteen of section one thousand two   of  this  article  in  integrated  work settings. The commissioner shall   ensure that funds provided pursuant to this subdivision are not used for   the provision of services that are the  responsibility  of  other  state   agencies  pursuant  to the plan developed pursuant to subdivision two of   section one thousand four-b of this article. Services shall be  provided   at  a  cost  not  to  exceed that which is necessary and reasonable, and   shall include  short-term  intensive  and  extended  support  mechanisms   within  an  integrated  work  setting.  The  commissioner  shall require   service providers to develop appropriate  policies  and  procedures  for   directing  their  supported  employment  programs,  and  to provide such   reports as the commissioner deems to be appropriate.