2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 89 - Children With Disabilities. › 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 disabilities, the commissioner, 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. 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,  is
  hereby made a charge against the county or the city of New York in which
  any  such child with disabilities 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 child with disabilities 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 disabilities 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 disabilities.
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.