NY Educ L § 4406 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4406 - Procedures Through the Family Court; Cost of Certain Educational Services.

§ 4406. Procedures   through   the   family  court;  cost  of  certain   educational services. 1. When the family court pursuant to  section  two   hundred  thirty-six  of  the  family  court  act shall issue an order to   provide for educational services, including transportation,  tuition  or   maintenance   of   such   children  with  handicapping  conditions,  the   commissioner of education, if he approves  such  order,  shall  issue  a   certificate  to  such  effect  in duplicate, one of which shall be filed   with the clerk of the board of supervisors or other  governing  elective   body  of  the county or chief fiscal officer of the city of New York and   one in the office of the  commissioner  of  education.  Refusal  of  the   commissioner  to  approve  such order may be reviewed only in accordance   with the provisions of article seventy-eight of the civil  practice  law   and rules.2.  One-half  of  the  cost of providing such services, as provided in   subdivision one of this section, as certified  by  the  commissioner  of   education, is hereby made a charge against the county or the city of New   York  in  which  any  such  handicapped child resides, and the remaining   one-half of the cost thereof shall be paid by the state  out  of  moneys   appropriated therefor. All claims for services rendered and for supplies   furnished  and  for  other expenses incurred in providing such services,   shall be paid in the first instance by the board of supervisors or other   governing elective body of the county or chief  fiscal  officer  of  the   city  of New York in which such handicapped child resides, upon vouchers   presented and audited in the same manner as in the case of other  claims   against the county or the city of New York.3.  The  legislature  shall  appropriate  an  amount sufficient to pay   one-half of the claims paid by a county or the city of New York for  the   purposes  and  in the manner herein specified. The clerk of the board of   supervisors or other governing elective body of  each  county  or  chief   fiscal officer of the city of New York which has paid claims as provided   herein  shall,  not  more  than  once  in  each  month,  transmit to the   commissioner of education a certified statement in the  form  prescribed   by  him,  stating the amount expended for the purposes specified herein,   the date of each expenditure, and the purpose for  which  it  was  made.   Upon  the  receipt  of  such  certified  statement  the  commissioner of   education shall examine the same, and if such expenditures were made  as   required  by  law he shall approve it and transmit it to the comptroller   for audit. The comptroller shall thereupon  issue  his  warrant  in  the   amount  specified in such approved statement for the payment thereof out   of moneys appropriated therefor to the county treasurer of the county or   chief fiscal officer of the city of New York by which such payments were   made.4. The commissioner is hereby authorized after  consultation  with  an   advisory  task  force to be appointed by the commissioner, appropriately   representative of consumers and providers of such services, to establish   program and expenditure guidelines and standards for  the  provision  of   special  services  or  programs as defined in section forty-four hundred   one of this article for children with handicapping  conditions  who  are   under  the  age  of  five  and are not entitled to attend public schools   without the payment of tuition pursuant to  section  thirty-two  hundred   two of this chapter.5.  a. Each county and the city of New York may perform a fiscal audit   of such services or programs within  their  respective  county  or  city   ordered  by  the family court pursuant to section two hundred thirty-six   of the family court act for preschool  age  children  with  handicapping   conditions.b. Payments made pursuant to this section by the county or the city of   New  York shall, upon the conclusion of the July first to June thirtieth    school year for which such payment was made, be subject to audit against   the actual difference between such audited  expenditures  and  revenues.   Any  overpayments  made shall be refunded to such county or city or such   county  or  city  shall withhold the amount of such overpayment from any   other payments due to the claimant and shall report such overpayments to   the commissioner.6. Notwithstanding any other provision of  law  to  the  contrary,  no   payments  shall  be made by the commissioner pursuant to this section on   or after July  first,  two  thousand  based  on  a  claim  for  services   rendered,  provided  however, that no payment shall be barred or reduced   where such payment is required as a result of a court order or  judgment   issued on or after July first, two thousand or a final audit.