NY Educ L § 4410-A (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4410-A - Responsibility for Certain Temporary-Resident Preschool Children With Handicapping Conditions.

§  4410-a.  Responsibility  for  certain  temporary-resident preschool   children with handicapping conditions. 1. Definitions. For  the  purpose   of this section, the following definitions shall apply:a.  "Foster  care child" shall mean a child placed in foster care by a   social services district.b. "Homeless  child"  shall  mean  a  homeless  child  as  defined  in   paragraph  a  of  subdivision  one of section thirty-two hundred nine of   this chapter.c. "Municipality" shall mean a county outside the city of New York  or   the city, in the case of a county in the city of New York.d.  "Municipality  of  current  location" shall mean a municipality in   which a child lives which is different from the municipality in which  a   child  or  such  child's  family  lived  at  the  time a social services   district assumed responsibility for  the  placement  of  such  child  or   family, or at the time such child was admitted for care and/or treatment   in a facility licensed or operated by another state agency.e.  "Municipality of residence" shall mean the municipality in which a   child or such child's family lived at the time the local social services   district assumed responsibility for  the  placement  of  such  child  or   family, or at the time such child was admitted for care and/or treatment   in a facility licensed or operated by another state agency.f. "Preschool child with a disability" shall mean a child eligible for   services  pursuant  to section forty-four hundred ten of this chapter. A   "preschool child with a handicapping condition" means a preschool  child   with a disability.g.  "School district of current location" shall mean a school district   in which a child lives which is different from the  school  district  in   which a child or such child's family lived at the time a social services   district  assumed  responsibility  for  the  placement  of such child or   family, or at the time such child was admitted for care and/or treatment   in a facility licensed or operated by another state agency.h. "Child in residential care"  shall  mean  a  child  residing  in  a   facility  licensed  or  operated  by  another state agency as defined by   section 1.03 of the mental hygiene law or by section two of  the  public   health law.2.  School  district  evaluation  and  placement responsibility.   The   school district of current location of a foster care or  homeless  child   or child in residential care shall be responsible for the evaluation and   placement  procedures  prescribed  for  a  preschool  child suspected of   having a handicapping condition pursuant to section  forty-four  hundred   ten  of this chapter.  In issuing its written notice of determination of   services, the board of education of such school district shall  identify   the  municipality  of residence of a preschool child with a handicapping   condition who is a foster care or homeless child or child in residential   care.  Such notice of determination shall be  transmitted  to  both  the   municipality of residence and the municipality of current location.3.  Contract  and  payment responsibility. The municipality of current   location shall be the municipality of record for a preschool child  with   a handicapping condition who is a foster care or homeless child or child   in  residential  care for the purposes of section forty-four hundred ten   of this chapter provided, however, that, notwithstanding  the  provision   of  paragraph  b  of subdivision eleven of such section, the state shall   reimburse one hundred  percent  of  the  approved  costs  paid  by  such   municipality  which  shall  be  offset  by  the  local  contribution due   pursuant to subdivision four of this section.4.  Local  contribution.  The  municipality  of  residence  shall   be   financially  responsible  for  the  local contribution which shall equal   that portion of the approved costs of  services  to  a  foster  care  or    homeless  child  or  child  in  residential  care  with  a  handicapping   condition which would not be reimbursed pursuant to the schedule set out   in paragraph b of subdivision eleven of section forty-four  hundred  ten   of  this chapter.  The commissioner shall certify to the comptroller the   amount of the local contribution owed by each municipality to the state.   The comptroller shall deduct the amount of such local contribution first   from any moneys due the municipality pursuant to such section  and  then   from any other moneys due or to become due such municipality.