NY Educ L § 4401 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4401 - Definitions.

§ 4401. Definitions.  As  referred  to  in this article. * 1. A "child with a disability" or "student with a disability" means a  person  under the  age of twenty-one who is entitled to attend public schools pursuant to section thirty-two hundred two of this chapter and  who,  because  of mental,  physical  or  emotional  reasons  can  only receive appropriate educational opportunities from a program of special education. Such term does not include a child whose educational needs are  due  primarily  to unfamiliarity  with  the  English  language,  environmental, cultural or economic factors. Lack of appropriate instruction in reading,  including in  the  essential  components  of  reading  instruction  as  defined in subsection three of section twelve hundred eight of the  elementary  and secondary  education  act  of  nineteen  hundred  sixty-five, or lack of appropriate instruction in mathematics or  limited  English  proficiency shall  not  be  the  determinant  factor  in  identifying a student as a student with a disability. "Special education" means specially  designed instruction which includes special services or programs as delineated in subdivision two of this section, and transportation, provided at no cost to  the parents to meet the unique needs of a child with a disability. A "child with a handicapping condition" means a child with a disability.   * NB Effective until June 30, 2024   * 1. A "child with a disability" or "student with a disability"  means a  person  under  the age of twenty-one who is entitled to attend public schools pursuant to section thirty-two hundred two of this  chapter  and who,  because  of mental, physical or emotional reasons can only receive appropriate  educational  opportunities  from  a  program   of   special education.  Such  term  does not include a child whose educational needs are  due  primarily  to  unfamiliarity  with   the   English   language, environmental,  cultural  or  economic  factors.  Lack of instruction in reading or mathematics or limited English proficiency shall not  be  the determinant  factor  in  identifying  a  student  as  a  student  with a disability. "Special education"  means  specially  designed  instruction which includes special services or programs as delineated in subdivision two  of  this  section,  and  transportation, provided at no cost to the parents to meet the unique needs of a child with a disability. A  "child with a handicapping condition" means a child with a disability.   * NB Effective June 30, 2024   2.  "Special  services  or  programs".  For  purposes of this article, special services or programs shall mean the following:   a. Special classes, transitional  support  services,  resource  rooms, direct  and indirect consultant teacher services, transition services as defined in  subdivision  nine  of  this  section,  assistive  technology devices as defined under federal law, travel training, home instruction, and  special  teachers  to include itinerant teachers as provided by the schools of the district of residence with such terms and services to  be defined by regulations of the commissioner.   b. Contracts with other districts for special services or programs.   c.  Contracts  with or special services or programs provided by boards of cooperative educational services.   d. Appointment by the commissioner to a  state  school  in  accordance with   article  eighty-seven  or  eighty-eight  of  this  chapter  or  a state-supported school in accordance with article  eighty-five  of  this chapter.   e.  Contracts  with  private  non-residential  schools which have been approved by the commissioner and which are within the state for  special services or programs.   f.  Contracts  with  private  non-residential  schools which have been approved by the commissioner and which are  outside  of  the  state  for special services or programs.    g. Contracts with private residential schools which have been approved by  the commissioner and which are within the state for special services or programs.   h. Contracts with private residential schools which have been approved by the commissioner and which are outside the state for special services or programs.   i.   Contracts   with   the   state   university   at  Binghamton  for non-residential special services or programs at the children's unit  for treatment and evaluation which have been approved by the commissioner.   j. Provision of educational services in a residential facility for the care  and treatment of students with disabilities under the jurisdiction of a state agency other than the department.   * k. Related services which shall in appropriate cases be furnished to students with disabilities shall include audiology, counseling including rehabilitation  counseling  services,  occupational  therapy,   physical therapy, speech pathology, medical services as defined by regulations of the commissioner, psychological services, school health services, school nurse  services,  school  social  work, assistive technology services as defined  under  federal  law,  interpreting  services,  orientation  and mobility  services, parent counseling and training and other appropriate developmental, corrective or  other  support  services  and  appropriate access  to  recreation. Such term does not include a medical device that is surgically implanted, the optimization of that  device's  functioning (e.g.,  mapping), maintenance of that device, or the replacement of such device.   * NB Effective until June 30, 2024   * k. Related services which shall in appropriate cases be furnished to students with disabilities shall include audiology, counseling including rehabilitation  counseling  services,  occupational  therapy,   physical therapy, speech pathology, medical services as defined by regulations of the commissioner, psychological services, school health services, school social work, assistive technology services as defined under federal law, orientation  and  mobility  services, parent counseling and training and other appropriate developmental, corrective or  other  support  services and appropriate access to recreation.   * NB Effective June 30, 2024   l.  Contracts  for  residential  or  nonresidential  placements with a special act school district listed in chapter five hundred sixty-six  of the laws of nineteen hundred sixty-seven.   m.   Provision  of  nonresidential  education  services  in  Fairmount children's center, which facility has been approved by the  commissioner for  the  education of students with disabilities. Students placed under the provisions of this paragraph shall not be  eligible  for  state  aid under  the  provisions of sections thirty-six hundred two and thirty-six hundred two-c of this chapter.   n. Formalized agreements for the provision of transition  services  as defined  in  subdivision  nine  of  this  section  in  programs  such as vocational training programs approved by the department  or  by  another state  agency.  Nothing  in  this  article shall be construed to relieve another agency of responsibility to provide or pay  for  any  transition service  that  the  agency  would  otherwise  provide  to  students with disabilities who meet the eligibility criteria of that agency.   3. "Maintenance". For purposes of  this  article  "maintenance"  shall mean the amount charged for room and board and allocable debt service as determined  by  the  commissioner for the living unit of the residential facility by a residential school and such  reasonable  medical  expenses actually  and necessarily incurred by a handicapped child while actually in attendance at  a  residential  school,  provided  that  such  medical  expenses shall be for diagnostic, evaluative, educationally related, and emergency  care  services as defined by regulations of the commissioner. Such amount, which  shall  not  include  expenses  which  are  otherwise reimbursable  to  a  residential  facility  by a federal, state or local agency, shall be approved by the commissioner of social services and the director of the division of  the  budget  and  shall  not  be  otherwise payable or reimbursable.   4.   "Transportation   expense."   For  the  purposes  of  determining transportation aid pursuant to this  article,  "transportation  expense" shall   mean   any   cost  incurred  by  the  school  district  for  the transportation of a handicapped child  pursuant  to  the  provisions  of subdivision  four  of  section  forty-four  hundred two of this article, notwithstanding any minimum or maximum  aidable  limits  established  by other  provisions of the education law or pursuant to regulations of the commissioner or school district,  allowed  pursuant  to  the  applicable provisions  of  parts  two  and  three  of article seventy-three of this chapter, provided, however, that such transportation  shall  not  be  in excess  of  fifty  miles  from the home of such pupil to the appropriate special service or program unless the commissioner shall certify that no appropriate non-residential special  service  or  program  is  available within  such  fifty  miles,  and  that the commissioner may establish by regulation a maximum number of trips between  a  pupil's  home  and  the private  residential  school which provides special services or programs to such pupil. Such cost shall include the cost  of  joint  or  regional transportation  provided  by  school  districts or boards of cooperative educational services for such purposes and subject to the same limits.   5. "Tuition" shall mean  the  per  pupil  cost  of  all  instructional services,   supplies  and  equipment,  the  operation  of  instructional facilities and allocable debt service for the instructional  facilities, as  determined  by  the commissioner. Approved tuition shall be computed from expenditures from 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, and  (c) any refunds made or any apportionment or payment received from the state   for   experimental  or  special  programs  as  approved  by  the commissioner.   6. "Excess cost" shall mean the difference between the tuition and the sum of the following:   a. the school district basic contribution as  defined  in  subdivision eight of this section; and   b.  the  amount  of  federal funds received by the school district and expended for such pupil which in the judgment of the commissioner  shall be deemed duplicative.   7.  "Excess cost aid ratio" for a school district shall be computed by subtracting from one the product obtained  by  multiplying  fifteen  per centum  by  the  combined  wealth ratio as defined in section thirty-six hundred two of this chapter. This aid ratio  shall  be  expressed  as  a decimal  carried to three places without rounding, but shall not be less than fifty hundredths, nor more than one.   8. "School district basic contribution" shall mean an amount equal  to the  total  school district local property and non-property tax levy for the base year divided by the base year public school district enrollment of resident pupils of the school district as defined in paragraph  n  of subdivision  one  of  section  thirty-six  hundred  two of this chapter, except that for the two thousand thirteen--two thousand fourteen and two thousand fourteen--two thousand fifteen school year and thereafter,  for  school  districts  other  than  central  high school districts and their components, such tax levy for the base year shall be divided by the year prior to the base year pupil count as  determined  by  the  commissioner pursuant to paragraph f of subdivision two of section thirty-six hundred two  of this chapter for any school district in which such year prior to the base year pupil count exceeds one hundred fifty percent of such base year public school district enrollment of resident pupils.   * 9. "Transition services" shall mean a coordinated set of  activities for   a   student   with   a   disability,   designed  to  be  within  a results-oriented process, that is focused on improving the academic  and functional  achievement  of  the student with a disability to facilitate movement from school to post-school activities, including post-secondary education,  vocational  education,  integrated   employment   (including supported  employment),  continuing and adult education, adult services, independent living, or community participation. The coordinated  set  of activities  shall be based upon the student's strengths, preferences and interests, and shall include instruction,  related  services,  community experiences,  the  development of employment and other post-school adult living objectives, and, if  appropriate,  acquisition  of  daily  living skills and provision of a functional vocational evaluation.   * NB Effective until June 30, 2024   * 9.  "Transition services" shall mean a coordinated set of activities for a student with a disability,  designed  within  an  outcome-oriented process,  which promotes movement from school to post-school activities, including  post-secondary  education,  vocational  training,  integrated competitive  employment (including supported employment), continuing and adult  education,  adult  services,  independent  living,  or  community participation. The coordinated set of activities shall be based upon the individual   student's   needs,   taking   into  account  the  student's preferences  and  interests,  and  shall  include  instruction,  related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.   * NB Effective June 30, 2024   10. Notwithstanding any inconsistent provisions of this article, where a  private  not-for-profit school enters into a lease, sublease or other agreement with the  dormitory  authority  pursuant  to  section  sixteen hundred  eighty  of  the  public  authorities  law,  the  tuition  rates established by the  commissioner  pursuant  to  this  section  shall  be established  in two parts, one part of which shall be the cost per child of the annual rental payment pursuant to such lease, sublease  or  other agreement  to  be  paid  by  the  school district or the social services district, as the case may be, to the fund established by  this  chapter; the remaining part shall be the tuition amount to be paid to the private not-for-profit school.   11. Notwithstanding any inconsistent provisions of this article, where the  special  act school district enters into a lease, sublease or other agreement with the dormitory authority pursuant to section four  hundred seven-a   of   this  chapter,  the  tuition  rates  established  by  the commissioner pursuant to this section shall be established in two parts, one part of which shall be the cost  per  child  of  the  annual  rental payment pursuant to such section four hundred seven-a of this chapter to be  paid  by the school district or the social services district, as the case may be, to the fund established in such section; the remaining part shall be the tuition amount  to  be  paid  to  the  special  act  school district.