NY Educ L § 4001 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 81 - Education of Children Residing in Child Care Institutions 4001 - Definitions.

§ 4001. Definitions.  As  used  in  this  article, the following terms   shall be defined as follows:1. "Authorized agency" shall have the meaning defined in section three   hundred seventy-one of the social services law.2. "Child care institution" shall mean any facility  serving  thirteen   or  more children licensed by the department of social services pursuant   to title one of article seven of the social services law operated by  an   authorized  agency, or a residential treatment facility for children and   youth, whether or not such residential treatment facility is operated by   an authorized agency, except that Blythedale Children's  Hospital  shall   be  a  child  care  institution.  This  definition shall not include any   facility operated by a state agency or department other than the  office   of  mental  health.  It  shall  not  include  group homes or urban homes   operated by or contracted for by the division for youth.3. "County" shall mean the county executive, or if there is none,  the   chairman  of  the  county  legislative  body  of  the  county  which  is   responsible for a child in a child care institution or a private school,   except within the city of New York, in which case county shall mean  the   mayor of said city.4.  "Child  with a handicapping condition" shall mean a person between   the ages  of  five  and  twenty-one  who  has  been  identified  through   appropriate  evaluation  and  assessment  as having a disability arising   from cognitive,  emotional  or  physical  factors,  or  any  combination   thereof,  which  interferes  with  the  child's  ability to benefit from   regular education.5. "Maintenance" shall mean the amount charged  for  room  and  board,   residential   care   and  medical  expenses,  including  those  expenses   reimbursable pursuant to title nineteen of the federal  social  security   act,  defined  in accordance with the regulations of the commissioner of   social services for a child care institution pursuant to  section  three   hundred ninety-eight-a of the social services law. Maintenance shall not   include  expenses  which  are  otherwise  reimbursable  to a residential   facility by a federal, state or local agency, shall be approved  by  the   state commissioner of social services and the director of the budget and   shall not be otherwise payable or reimbursable.6. "Public agency" shall mean the family court, the division for youth   or the local social services district.7.  "Residential treatment facility for children and youth" shall have   the meaning defined in section 1.03 of  the  mental  hygiene  law.  Such   facilities  may  be  operated  by  an  authorized agency, subject to the   regulation of the office of mental health.8. "Special act school district" shall  mean  those  school  districts   enumerated  in  chapter  five  hundred sixty-six of the laws of nineteen   hundred sixty-seven as amended.9. "Tuition" shall mean  the  per  pupil  cost  of  all  instructional   services,  supplies  and  equipment,  and the operation of instructional   facilities as determined by the commissioner. Approved tuition shall  be   computed  from  expenditures for which no revenue has been received from   the following sources:a. Receipts from the federal government;b. Any cash receipts which reduce the cost of an item applied  against   the item therefor, except gifts, donations and earned interest; andc.  Any refunds made or any apportionment or payment received from the   state  for  experimental  or  special  programs  as  approved   by   the   commissioner.10.  "School district of origin" shall mean the public school district   of which a child was or is a  resident  at  the  time  of  such  child's   placement in the care and custody of a public agency. 11.  "School  district  of  residence"  shall  mean  the public school   district in which the child was or is living at the time a public agency   is considering placement of the child in a child care institution, or at   the time a child is placed with the division for youth.12. "Written recommendation" shall mean the information required to be   provided  by  a  school  district to a public agency pursuant to section   forty hundred  five  of  this  article,  which  shall  be  developed  as   specified by the regulations of the commissioner.