NY Educ L § 4004 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 81 - Education of Children Residing in Child Care Institutions 4004 - Financial Responsibility.

§ 4004. Financial  responsibility.  1.  Tuition  expenses  for a child   placed by a school district in a special act school  district  or  in  a   private  school  operated  by  a child care institution pursuant to this   article shall be the responsibility of such school district pursuant  to   section forty-four hundred five of this chapter.2.  a. Any tuition expenses for an educational program approved by the   education department for the purposes of this article, incurred pursuant   to section four thousand two of this article,  for  a  child  who  is  a   resident  of  this  state placed in a child care institution by a social   services district, the division for youth, or family court  for  a  full   year  program  of instruction pursuant to section four thousand three of   this article, or for a child who is a resident of this  state  receiving   care  in a residential treatment facility for children and youth and who   was placed in such  a  facility  by  a  social  services  district,  the   division  for  youth  or  the  family court, shall be borne by the local   social services district financially  responsible  for  such  child  and   tuition  expenses  for a child who is a resident of this state receiving   care in a residential treatment facility for children and youth and  who   was  not placed in such a facility by a school district, social services   district, the division for youth or the family court shall be  borne  by   the office of mental health, except that no public funding shall be made   available  for  any  child  receiving  care  in  a residential treatment   facility for children and youth whose admission did not conform with the   provisions of section 9.51 of the mental hygiene law.  Tuition  expenses   for  children admitted to Blythedale Children's Hospital on an inpatient   basis shall be the responsibility of the  social  services  district  in   which  the  child resided at the time of admission to such hospital. The   school district in which the child resided at the time a social services   district or the  division  for  youth  assumed  responsibility  for  the   support  and  maintenance  of  the  child, or was admitted to Blythedale   Children's  Hospital,  or  the  child  was  admitted  to  a  residential   treatment  facility  for  children  and  youth shall reimburse the state   towards the state's expenditure on behalf of such child for  each  child   determined  to  be  handicapped by the committee on special education of   the school district of residence pursuant to section four thousand  five   of  this article. The amount of such reimbursement shall be equal to the   school district basic contribution as defined in  subdivision  eight  of   section forty-four hundred one of this chapter.b.  The comptroller shall deduct from any state funds which become due   to a public school district other than a special act school district  an   amount  equal  to the reimbursements required to be made to the state in   accordance with this section upon certification by the  commissioner  of   education of the monies due.c.  The  state  commissioner  of  social  services  shall  notify  the   commissioner of education at least every six months commencing September   first, nineteen hundred eighty-one of the name of each child for whom  a   local social services commissioner has paid tuition during the preceding   six  month period, the name of the school to which such tuition has been   paid, and the school district in which such child resided at the time of   entrance to care and whether  such  child  has  been  determined  to  be   handicapped.3. In the event of the failure of the social services district to make   payment  for  tuition  pursuant  to  the provisions of this section, the   state comptroller shall withhold state reimbursement to any such  social   services  district  in  an  amount  equal  to  the unpaid obligation for   tuition and pay over such sum to the child care institution  or  special   act  school  district  upon  certification  of the state commissioner of    social  services.  The  state  commissioner  of  social  services  shall   promulgate regulations to implement the provisions of this subdivision.4.  Nothing in this article shall be construed to deny or limit access   to a free and appropriate education for a handicapped child pursuant  to   the  federal  education  of  the  handicapped  act,  as  amended and the   regulations promulgated thereunder.5. The board of education of a special act school  district  shall  be   authorized  to  establish a fiscal stabilization reserve fund. There may   be paid into such fund an amount as may  be  provided  pursuant  to  the   requirements  of  paragraph  k of subdivision four of section forty-four   hundred five of this title.