2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 81 - Education of Children Residing in Child Care Institutions › 4005 - Placement and Evaluation of Children.

§ 4005. Placement and evaluation of children. 1. a. Children placed by
the  family  court. When the placement of a child is being considered by
the family court pursuant to section 353.3, seven hundred  fifty-six  or
one  thousand  fifty-five  of  the  family  court  act and such child is
thought to have a handicapping condition and may be placed  in  a  child
care  institution,  the  family  court judge or the probation department
shall request the school district  of  residence  to  provide  that  the
committee  on special education of such district evaluate such child and
make written recommendations for appropriate educational services and to
forward a written evaluation and recommendation within forty-two days of
such request. Such information shall  be  used  to  determine  the  most
appropriate  placement for the child, and if the family court places the
child in the custody of a social services district,  it  shall  transmit
such information to such district. If the committee on special education
determines  that  the  child  does not have a handicapping condition, it
shall notify the family court of  such  determination  within  forty-two
days.   If   the   committee  on  special  education  fails  to  make  a
recommendation pursuant to the provisions of this paragraph, the  family
court shall obtain such information from the school district pursuant to
section two hundred fifty-five of the family court act.
b.  Children  placed by a local social services district. When a local
social services district is considering the placement of a child thought
to have a handicapping condition in a child care institution, the social
services district shall request the  school  district  of  residence  to
provide  that  the  committee  on  special  education  of  such district
evaluate such child and make  written  recommendations  for  appropriate
educational   services   within   forty-two   days,  except  where  such
information has been obtained by  the  family  court.  Such  information
shall be used to determine the most appropriate placement for the child.
If the committee on special education determines that the child does not
have  a  handicapping  condition,  it  shall  notify the social services
district of such determination within forty-two days.
c. Children placed by the division  for  youth.  (i)  Any  educational
information  obtained by the family court pursuant to this section shall
be transmitted to the  division  for  youth  pursuant  to  section  five
hundred  seven-b  of  the  executive  law.  The  division shall use such
information to determine the most appropriate placement for the child.
(ii) When the division for youth is considering  the  placement  of  a
child  thought  to  have  a  handicapping  condition  in  a  child  care
institution, pursuant to article nineteen-G of the  executive  law,  the
division  shall request the school district of residence to provide that
the committee on special education of such district evaluate such  child
and  make  written  recommendations for appropriate educational services
within forty-two days. Such information shall be used to  determine  the
most  appropriate  placement  for the child. If the committee on special
education determines  that  the  child  does  not  have  a  handicapping
condition,  it  shall  notify  the division of such determination within
forty-two days.
d. Children placed in residential treatment  facilities  for  children
and  youth.  When  a  pre-admission  certification committee established
pursuant to section 9.51 of the mental hygiene law  is  considering  the
placement  of a child who has not previously been placed in a child care
institution by a public agency in a residential treatment  facility  for
children  and  youth  and  such  child is thought to have a handicapping
condition, the committee shall request the school district of  residence
to  provide  that  the  committee  on special education of such district
evaluate such child and make  written  recommendations  for  appropriate
educational   services   and   to   forward  a  written  evaluation  and

recommendation within forty-two days of  such  request.  Notwithstanding
the  definition set forth in subdivision eleven of section forty hundred
one of this article, if a child being considered for  initial  placement
in  a residential treatment facility is a patient in a hospital operated
or licensed by the office of  mental  health,  the  school  district  of
residence  shall  be  the school district of residence at the time he or
she entered the hospital. Such information shall be  used  to  determine
the  most  appropriate  placement  for  the  child.  If the committee on
special education determines that the child does not have a handicapping
condition, it shall notify the pre-admission certification committee and
the operator of a residential treatment facility for children and  youth
which   has   admitted   the  child  for  care  and  treatment  of  such
determination within forty-two days.
e. Any information obtained from  a  committee  on  special  education
pursuant  to this section shall be considered confidential in accordance
with regulations of the commissioner and shall be forwarded by the local
social services district, the division  for  youth  or  the  appropriate
pre-admission  certification  committee  established pursuant to section
9.51 of the mental hygiene law to the child care  institution  or  other
facility in which the child is placed.
f. For the purposes of this section, an emergency placement shall mean
a  child  who  must be placed in a child care institution to protect the
health and welfare of the child or his family within thirty days of  the
presentation of the child to the family court or a local social services
district.  Children in an emergency placement shall not be exempted from
the requirements of paragraphs a and b of this subdivision, except  that
the   required   educational   evaluation   shall   be   performed   and
recommendations made subsequent to the emergency  placement  but  in  no
case later than forty-two days after such placement.
2.  a. Upon the placement of a child who is at least five years of age
in a child care institution that operates  a  private  school  or  in  a
special  act  school  district,  by a public agency, or in a residential
treatment facility for children and youth  which,  independently  or  as
part of an authorized agency, operates a private school or a special act
school  district,  the  committee  on  special  education of the private
school or the special act district shall follow the procedures contained
in  section  forty-four  hundred  two  of  this  chapter  including  the
involvement of the parents or guardians of the child and shall:
(i)  consider  and review the evaluation performed by the committee on
special education of the school district of residence.
(ii) prepare an individualized education program for  each  child  who
has   been  determined  to  be  handicapped  which  takes  into  account
recommendations made by the committee on special education of the school
district of residence.
(iii) place the child in the most  appropriate  program  specified  in
subdivision  two  of  section  forty  hundred  two  of this article. The
committee shall review at least annually and prepare  a  written  report
concerning  the status of each child with a handicapping condition under
its jurisdiction which shall include a determination whether  a  child's
educational program should be continued, modified or terminated.
(iv) forward to the social services district or the division for youth
the  individualized education program and in each year forward an annual
report for each child,  as  specified  in  this  paragraph.  The  social
services  district,  the  division  for  youth  or  the  operator  of  a
residential treatment facility for  children  and  youth  which  is  not
operated  by  an authorized agency, as the case may be, shall transmit a
copy of such documents to the parents or guardians of the child  and  to
the  committee on special education of the school district of origin and

shall forward a copy of the evaluation performed  by  the  committee  on
special  education of the school district of residence to the parents or
guardians of the child.
* b.   If   the   individual  educational  evaluation,  individualized
education program, educational placement decision, or the annual  report
for  the  child  or any other matter relating to the provision of a free
appropriate public education to the student is  not  acceptable  to  the
parents  or  persons  in  parental relation to the student, an impartial
hearing may be initiated by such parties pursuant to section  forty-four
hundred  four  of  this  title  and  mediation  shall  be made available
pursuant to section forty-four hundred four-a of this title.
* NB Effective until June 30, 2024
* b. If the educational evaluation, educational placement decision  or
the  annual  report  for  the  child is not acceptable to the parents or
guardians of the child, the child, or the social  services  district  or
the  division for youth, appeals may be made by such parties pursuant to
section forty-four hundred four of this chapter.
* NB Effective June 30, 2024
* c. A child care institution or the social services district  or  the
division for youth may request a review by the board of education of the
school  district  of  residence  of  the  fact  that  a  child  has been
determined not to be handicapped by the committee on  special  education
of  such  district.  An  appeal  to  the  commissioner will lie from any
determination of the board of education.
* NB Effective June 30, 2024
3. In the event that it  has  been  determined  by  a  private  school
operated  by  a child care institution or a special act school district,
subject to any review or modification provided for in this article, that
a child should receive educational services in a  public  school,  other
than  a special act school district, or board of cooperative educational
services program or if a child resides in a child care institution  that
does  not  maintain  an  approved  private school program or special act
school  district,  then  any  such  child  residing  in  a  child   care
institution  shall be admitted to the school district in which the child
care institution is located pursuant to regulations of the commissioner.
For the purposes of this subdivision a special act school district shall
not be considered to be the school district in which such institution is
located.
4. During the pendency of any  proceeding  concerning  any  individual
child  described above, the child care institution or special act school
district shall continue to be reimbursed by the social services district
for the approved cost of the current educational placement of the child,
including the transportation of such child to  and  from  any  interview
required  by  the  committee  on special education of the child's school
district of residence where an evaluation must be  performed  subsequent
to  the placement of a child pursuant to this section or any costs of an
independent evaluation deemed necessary by such committee.
5. Nothing in this section shall be deemed to affect the placement  or
removal  of  a child from a child care institution by a public agency or
the admission or discharge of children to and from Blythedale Children's
Hospital.