NY Educ L § 4002 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 81 - Education of Children Residing in Child Care Institutions 4002 - Educational Services.

§ 4002. Educational  services.  1. Each child between the ages of five   and twenty-one who resides in a child care institution and who  has  not   yet  graduated  from high school shall be entitled to receive a free and   appropriate education in the  least  restrictive  environment  for  that   child.2.  Each  child shall be provided suitable educational services in the   least restrictive environment which can be provided by one  of  the  day   programs  listed below. The need of the individual child shall determine   the program that shall be offered. Such programs are as follows:a. The program of the public schools, as defined by section forty-four   hundred one of this  chapter,  where  such  child  care  institution  is   located or a neighboring public school program.b.  The  program  of  the  board  of  cooperative educational services   serving the  area  in  which  the  institution  is  located.  Boards  of   cooperative  educational  services are hereby authorized to provide such   services on the same basis as such services  are  provided  to  children   residing in component districts of such boards.c. A special act school district.d.  An  approved  private  school  operated  by such institution, or a   private  non-residential  school  approved  by   the   state   education   department.    Children  who  receive  care  in  a residential treatment   facility for children and youth  which  is  operated  by  an  authorized   agency  may  be  placed in a private school operated by such residential   treatment facility or in a private school  operated  by  the  authorized   agency.e.  Appointment  by  the  commissioner  to  a state or state-supported   school  in  accordance  with  article   eighty-five,   eighty-seven   or   eighty-eight of this chapter.f.   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.* g.  Related services which shall in appropriate cases be provided or   assured to students with disabilities and which shall include audiology,   counseling including rehabilitation  counseling  services,  occupational   therapy,  parent counseling and training, school health services, school   nurse services, school social work, physical therapy, speech  pathology,   medical  services  as  defined  in  regulations, psychological services,   orientation and  mobility  services,  assistive  technology  service  as   defined  under  federal  law,  interpreting  services, other appropriate   developmental, corrective or other  support  services,  and  appropriate   access  to  recreation,  as such terms are defined by regulations of the   commissioner and approved by the director of the budget. 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* g.  Related services which shall in appropriate cases be provided or   assured to students with disabilities and which shall include audiology,   counseling including rehabilitation  counseling  services,  occupational   therapy,  parent counseling and training, school health services, school   social work, physical therapy, speech  pathology,  medical  services  as   defined in regulations, psychological services, orientation and mobility   services,  assistive  technology  service  as defined under federal law,   other appropriate developmental, corrective or other  support  services,   and  appropriate  access  to  recreation,  as  such terms are defined by   regulations of the commissioner and approved  by  the  director  of  the   budget.* NB Effective June 30, 2024 h.  Hospital  instruction, which shall be provided as specified in the   regulations of the commissioner.i. Other programs approved by the commissioner.3.  Each  child  care institution maintaining a school shall appoint a   committee on special education of the same composition  as  required  of   public  schools  by section forty-four hundred two of this chapter. Such   committee shall have responsibility for evaluating each pupil  suspected   of  having a handicapping condition who has been placed in the care of a   child care institution by a public agency and each  child  placed  in  a   residential  treatment facility for children and youth, and placing such   children in an appropriate special  education  program  as  provided  in   section  forty hundred five of this article. Such committee shall follow   the procedures contained in  section  forty-four  hundred  two  of  this   chapter.  A  residential treatment facility for children and youth which   is operated by  an  authorized  agency  may  share  the  services  of  a   committee  on special education established pursuant to this subdivision   or other provisions of law.