NY Educ L § 4407 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4407 - Special Provisions Relating to Instruction of Certain Children With Handicapping Conditions.

§ 4407. Special provisions relating to instruction of certain children   with  handicapping  conditions.  1.  a.  When  it  shall  appear  to the   satisfaction  of  the  department  that  a  child  with  a  handicapping   condition  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  handicap  or  combination  of   handicaps 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.