2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 89 - Children With Disabilities. › 4410-A - Responsibility for Certain Temporary-Resident Preschool Children With Disabilities.

§  4410-a.  Responsibility  for  certain  temporary-resident preschool
  children with disabilities. 1. Definitions.  For  the  purpose  of  this
  section, the following definitions shall apply:
a.  "Foster  care child" shall mean a child placed in foster care by a
  social services district.
b. "Homeless  child"  shall  mean  a  homeless  child  as  defined  in
  paragraph  a  of  subdivision  one of section thirty-two hundred nine of
  this chapter.
c. "Municipality" shall mean a county outside the city of New York  or
  the city, in the case of a county in the city of New York.
d.  "Municipality  of  current  location" shall mean a municipality in
  which a child lives which is different from the municipality in which  a
  child  or  such  child's  family  lived  at  the  time a social services
  district assumed responsibility for  the  placement  of  such  child  or
  family, or at the time such child was admitted for care and/or treatment
  in a facility licensed or operated by another state agency.
e.  "Municipality of residence" shall mean the municipality in which a
  child or such child's family lived at the time the local social services
  district assumed responsibility for  the  placement  of  such  child  or
  family, or at the time such child was admitted for care and/or treatment
  in a facility licensed or operated by another state agency.
f. "Preschool child with a disability" shall mean a child eligible for
  services pursuant to section forty-four hundred ten of this chapter.
g.  "School district of current location" shall mean a school district
  in which a child lives which is different from the  school  district  in
  which a child or such child's family lived at the time a social services
  district  assumed  responsibility  for  the  placement  of such child or
  family, or at the time such child was admitted for care and/or treatment
  in a facility licensed or operated by another state agency.
h. "Child in residential care"  shall  mean  a  child  residing  in  a
  facility  licensed  or  operated  by  another state agency as defined by
  section 1.03 of the mental hygiene law or by section two of  the  public
  health law.
2. School district evaluation and placement responsibility. The school
  district of current location of a foster care or homeless child or child
  in  residential  care  shall  be  responsible  for  the  evaluation  and
  placement procedures prescribed  for  a  preschool  child  suspected  of
  having  a  disability pursuant to section forty-four hundred ten of this
  chapter. In issuing its written notice of determination of services, the
  board  of  education  of  such  school  district  shall   identify   the
  municipality  of residence of a preschool child with a disability who is
  a foster care or homeless child  or  child  in  residential  care.  Such
  notice of determination shall be transmitted to both the municipality of
  residence and the municipality of current location.
3.  Contract  and  payment responsibility. The municipality of current
  location shall be the municipality of record for a preschool child  with
  a  disability  who  is  a  foster  care  or  homeless  child or child in
  residential care for the purposes of section forty-four hundred  ten  of
  this  chapter  provided, however, that, notwithstanding the provision of
  paragraph b of subdivision eleven  of  such  section,  the  state  shall
  reimburse  one  hundred  percent  of  the  approved  costs  paid by such
  municipality which  shall  be  offset  by  the  local  contribution  due
  pursuant to subdivision four of this section.
4.   Local  contribution.  The  municipality  of  residence  shall  be
  financially responsible for the local  contribution  which  shall  equal
  that  portion  of  the  approved  costs  of services to a foster care or
  homeless child or child in residential  care  with  a  disability  which
  would  not be reimbursed pursuant to the schedule set out in paragraph b

  of subdivision eleven of section forty-four hundred ten of this chapter.
  The commissioner shall certify to the  comptroller  the  amount  of  the
  local   contribution  owed  by  each  municipality  to  the  state.  The
  comptroller  shall  deduct  the  amount of such local contribution first
  from any moneys due the municipality pursuant to such section  and  then
  from any other moneys due or to become due such municipality.