2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 89 - Children With Disabilities. › 4407 - Special Provisions Relating to Instruction of Certain Children With Disabilities.

§ 4407. Special provisions relating to instruction of certain children
  with  disabilities.  1.  When it shall appear to the satisfaction of the
  department that a child with a disability is not  receiving  instruction
  because  there  are  no  appropriate  public  or  private facilities for
  instruction of such a child within this state  because  of  the  unusual
  type  of  the  disability or combination of disabilities as certified by
  the commissioner, the school district of which  each  such  pupil  is  a
  resident  is authorized to contract with an educational facility located
  outside the state, which, in the judgment of the  department,  can  meet
  the  needs of such child for instruction. Contracts, rates, payments and
  reimbursements pursuant to this section  shall  be  in  accordance  with
  section forty-four hundred five of this article.
2.  The  state  education department shall maintain a register of such
  educational facilities which are  outside  of  the  state  which,  after
  inspection, it deems qualified to meet the needs of certain children for
  instruction pursuant to subdivision one of this section.
3.  Notwithstanding  the  location  of  the educational facility, if a
  child meets the eligibility requirements  of  subdivision  one  of  this
  section  and  has,  prior  to  July  first, nineteen hundred seventy-six
  received support under this section of law by attending  an  educational
  facility  within the state, such child shall be allowed to continue such
  attendance. The provisions of subdivision  one  of  this  section  shall
  apply  to  such  child  as  though  such  child  was in attendance at an
  out-of-state educational facility.
4. The school district of which such a child is a resident at the time
  of admission to such  an  educational  facility  shall  be  required  to
  reimburse  the state on account of any expenditure made by the state for
  such child pursuant to subdivision one or three of this section. For the
  school year commencing July first, nineteen  hundred  seventy-seven  and
  continuing  through  the  nineteen  hundred  eighty-eight -- eighty-nine
  school year, such reimbursement shall be an amount equal to  the  school
  district  basic  contribution  defined  in  subdivision eight of section
  forty-four hundred one of this article. After the close  of  the  school
  year  for  which  such  reimbursement is due, the comptroller may deduct
  from any state funds which become due to a  school  district  an  amount
  equal  to  the reimbursement required to be made by such school district
  in accordance with this subdivision, and the amount  so  deducted  shall
  not  be  included  in  the  operating  expense  of such district for the
  purposes of computing the apportionment for operating  expense  pursuant
  to subdivision eleven of section thirty-six hundred two of this chapter.
5. The commissioner shall prescribe the form for the contracts between
  the  school  districts  and  the  educational facilities which contracts
  shall include a unified statewide payment  schedule.  For  the  nineteen
  hundred  eighty-nine--ninety school year, such contracts shall be deemed
  to be in effect as of July first, nineteen hundred eighty-nine.