S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7258--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the education law, in relation to replacing the words
   handicapping conditions with the word disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The article heading of article 89 of the education law, as
 added by chapter 853 of the laws of 1976, is amended to read as follows:
           CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
   § 2. Subdivisions 3 and 4 of section 4401 of the education law, subdi-
 vision 3 as amended by chapter 563 of the laws of 1980 and subdivision 4
 as amended by chapter 367 of the laws of 1979, are amended  to  read  as
 follows:
   3.  "Maintenance".  For  purposes  of this article "maintenance" shall
 mean the amount charged for room and board and allocable debt service as
 determined by the commissioner for the living unit  of  the  residential
 facility  by  a  residential school and such reasonable medical expenses
 actually and necessarily incurred by a [handicapped] child WITH DISABIL-
 ITIES while actually in attendance at  a  residential  school,  provided
 that  such  medical expenses shall be for diagnostic, evaluative, educa-
 tionally related, and emergency care services as defined by  regulations
 of  the  commissioner.    Such  amount, which shall not include expenses
 which are otherwise reimbursable to a residential facility by a federal,
 state or local agency, shall be approved by the commissioner  of  social
 services and the director of the division of the budget and shall not be
 otherwise payable or reimbursable.
   4. "Transportation expense." For the purposes of determining transpor-
 tation aid pursuant to this article, "transportation expense" shall mean
 any  cost  incurred  by  the school district for the transportation of a
 [handicapped] child WITH DISABILITIES  pursuant  to  the  provisions  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08394-02-3
              

 A. 7258--A                          2
 
 subdivision  four  of  section  forty-four  hundred two of this article,
 notwithstanding any minimum or maximum  aidable  limits  established  by
 other  provisions of the education law or pursuant to regulations of the
 commissioner  or  school  district,  allowed  pursuant to the applicable
 provisions of parts two and three of article seventy-three of this chap-
 ter, provided, however, that such transportation shall not be in  excess
 of  fifty  miles  from the home of such pupil to the appropriate special
 service or program unless the commissioner shall certify that no  appro-
 priate  non-residential  special  service or program is available within
 such fifty miles, and that the commissioner may establish by  regulation
 a  maximum  number of trips between a pupil's home and the private resi-
 dential school which provides  special  services  or  programs  to  such
 pupil. Such cost shall include the cost of joint or regional transporta-
 tion  provided  by school districts or boards of cooperative educational
 services for such purposes and subject to the same limits.
   § 3. Clauses (a),(e) and (g) of  subparagraph  3  of  paragraph  b  of
 subdivision  1  of  section  4402  of  the  education law, clause (a) as
 amended by chapter 53 of the laws of 1991 and clauses  (e)  and  (g)  as
 amended  by  chapter  53  of  the  laws  of 1986, are amended to read as
 follows:
   (a) Obtain, review and evaluate all  relevant  information,  including
 but  not  limited  to  that  presented by the parent, person in parental
 relationship and teacher, pertinent to each child suspected of or  iden-
 tified  as  having  a [handicapping condition] DISABILITY, including the
 results of a physical examination performed in accordance with  sections
 nine  hundred  three,  nine  hundred  four and nine hundred five of this
 chapter and, where determined to be necessary by a school  psychologist,
 an appropriate psychological evaluation performed by a qualified private
 or  school  psychologist, and other appropriate assessments as necessary
 to ascertain the physical, mental,  emotional  and  cultural-educational
 factors  which  may contribute to the suspected or identified [handicap-
 ping condition] DISABILITY, and all other school data which bear on  the
 child's progress, including, where appropriate, observation of classroom
 performance.
   (e)  Make,  or  have  made,  periodic  evaluations  of the adequacy of
 programs, services and facilities for children with [handicapping condi-
 tions] DISABILITIES.
   (g) Provide for the transmittal of information by the board of  educa-
 tion,  including  such test results and evaluations as the committee may
 have collected, to the home district of the child with  a  [handicapping
 condition]  DISABILITY  in  cases  where  the  home  school district has
 contracted for the child's education with  another  school  district  or
 board of cooperative educational services.
   § 4. Subparagraph 1 of paragraph b of subdivision 2 of section 4402 of
 the  education  law,  as  amended by chapter 642 of the laws of 1987, is
 amended to read as follows:
   (1) Provided, however, that in  each  school  district  the  board  of
 education  or  trustees  of  such  district  are  hereby  authorized and
 empowered to contract for such special  services  or  programs  as  such
 board shall deem reasonable and appropriate for such [handicapped] chil-
 dren WITH DISABILITIES after consideration of the recommendations of the
 local  committee on special education and the hearing officer if a hear-
 ing is held pursuant to section forty-four hundred four of this  chapter
 and,  where  specified  in  subparagraph two of this paragraph, with the
 approval of the commissioner after a finding by him that no  appropriate
 A. 7258--A                          3
 
 special  services  or programs specified in paragraphs a through d and k
 of subdivision two of section forty-four hundred one are available.
   §  5. Paragraphs a and d of subdivision 4 and subdivision 5 of section
 4402 of the education law, paragraph a of subdivision 4  as  amended  by
 chapter 470 of the laws of 1977, paragraph d of subdivision 4 as amended
 by  chapter 646 of the laws of 1992, subdivision 5 as separately amended
 by chapters 53 and 683 of the laws of  1986,  are  amended  to  read  as
 follows:
   a.  The  board  of  education  or the board of trustees of each school
 district shall provide  suitable  transportation  to  and  from  special
 classes  or  programs,  with the exception of residential facilities for
 the care and treatment of children with [handicapping conditions]  DISA-
 BILITIES under the jurisdiction of an agency of the state other than the
 state department of education, as specified in subdivisions two and four
 of section forty-four hundred one of this article.
   d.  Notwithstanding  any  other  provision  of  law,  such board shall
 provide suitable transportation up to a distance of fifty miles  to  and
 from  a  nonpublic  school which a child with a [handicapping condition]
 DISABILITY attends if such child has been so  identified  by  the  local
 committee  on  special  education and such child attends such school for
 the purpose of receiving services or programs similar to special  educa-
 tional  programs  recommended  for  such child by the local committee on
 special education.
   5. Notwithstanding any provisions of this article to the  contrary  or
 the  provisions  of  section  thirty-two  hundred two of this chapter, a
 child with a [handicapping condition] DISABILITY who reaches the age  of
 twenty-one  during  (a) the period commencing with the first day of July
 and ending on the thirty-first day of August shall if  otherwise  eligi-
 ble,  be  entitled  to  continue  in a July and August program until the
 thirty-first day of August  or  until  the  termination  of  the  summer
 program,  whichever  shall  first occur; or (b) the period commencing on
 the first day of September and ending on the thirtieth day of June shall
 be entitled to continue in such program until the thirtieth day of  June
 or  until  the  termination  of  the  school year, whichever shall first
 occur.
   § 6. Subdivisions 1, 2, 4, 8, 14 and 16 of section 4403 of the  educa-
 tion  law,  subdivision 1 as amended by chapter 470 of the laws of 1977,
 subdivision 2 as amended by chapter 53 of the laws of 1986,  subdivision
 4  as  amended  by  chapter  479  of  the laws of 2022, subdivision 8 as
 amended by chapter 273 of the laws of 1986, and subdivisions 14  and  16
 as  amended  by  section 4 of part E of chapter 501 of the laws of 2012,
 are amended to read as follows:
   1. To maintain a statistical summary of the  number  of  [handicapped]
 children WITH DISABILITIES who reside within the state and the nature of
 their  [handicaps] DISABILITIES and to use all means and measures neces-
 sary to adequately meet the physical and educational needs of such chil-
 dren, as provided by law.
   2. To stimulate all private and public efforts  designed  to  relieve,
 care for or educate children with [handicapping conditions] DISABILITIES
 and  to  coordinate  such  efforts with the work and function of govern-
 mental agencies.
   4. To periodically inspect, report on the adequacy of and make  recom-
 mendations concerning instructional programs or special services for all
 children  with  [handicapping  conditions] DISABILITIES who reside in or
 attend any state operated or state financed social  service  facilities,
 A. 7258--A                          4
 
 youth  facilities,  health  facilities, mental health, and developmental
 disabilities facilities or state correctional facilities.
   8.  To  develop and distribute a handbook for parents of [handicapped]
 children WITH DISABILITIES and the members of committees and  subcommit-
 tees  on  special  education,  which  handbook  shall explain, in layman
 terms, the financial and educational obligations of the state, the coun-
 ty or city, the home school district, the committee  on  special  educa-
 tion,  and  the  parent  or legal guardian of a [handicapped] child WITH
 DISABILITIES, the special services or  programs  available  pursuant  to
 this  article, and the legal procedures available to an aggrieved parent
 or legal guardian of a [handicapped] child WITH DISABILITIES.
   14. To provide technical assistance to school districts to  assist  in
 the  adaptation  of  curriculum  for  the  instruction  of children with
 [handicapping conditions] DISABILITIES.
   16. Commencing with the  nineteen  hundred  eighty-seven--eighty-eight
 school  year,  to  provide for instruction during the months of July and
 August of students with [handicapping conditions] DISABILITIES who  have
 received state appointments pursuant to article eighty-five, eighty-sev-
 en  or  eighty-eight of this chapter and whose [handicapping conditions]
 DISABILITIES, in the judgment of the commissioner, are severe enough  to
 exhibit  the need for a structured learning environment of twelve months
 duration to maintain developmental levels, by making  such  appointments
 for  twelve  months;  provided that the initial term of appointment of a
 student with a [handicapping condition] DISABILITY who  is  the  minimum
 age  eligible for such a state appointment shall not commence during the
 months of July or August.
   § 7. The section heading and subdivision 2  of  section  4404  of  the
 education law, as amended by chapter 53 of the laws of 1990, are amended
 to read as follows:
   Appeal procedures for children with [handicapping conditions] DISABIL-
 ITIES.
   2.  Review  by  state  review  officer.  A state review officer of the
 education department shall review and may modify, in such cases  and  to
 the extent that the review officer deems necessary, in order to properly
 effectuate the purposes of this article, any determination of the impar-
 tial  hearing  officer  relating to the determination of the nature of a
 child's [handicapping condition] DISABILITY, selection of an appropriate
 special education program or service and the  failure  to  provide  such
 program  and  require  such  board to comply with the provisions of such
 modification.  The commissioner shall adopt  regulations  governing  the
 practice  and  procedure  in  such  appeals to the state review officer;
 provided, however, that in no event shall any fee or  charge  whatsoever
 be  imposed for any appeal taken pursuant to this subdivision. The state
 review officer is empowered to make  all  orders  which  are  proper  or
 necessary to give effect to the decision of the review officer.
   §  8.  The section heading, the opening paragraph of subdivision 1 and
 subdivisions 2, 3 and 5 of  section  4405  of  the  education  law,  the
 section  heading  and subdivision 2 as amended by chapter 53 of the laws
 of 1986, the opening paragraph of subdivision 1 and subdivisions 3 and 5
 as amended by chapter 53 of the laws of 1990,  paragraphs  a  and  b  of
 subdivision  3 as amended by chapter 57 of the laws of 1993, paragraph c
 of subdivision 3 as amended by chapter 82 of the laws of 1995 and  para-
 graph  d of subdivision 3 as amended by chapter 260 of the laws of 1993,
 are amended to read as follows:
   Computing financial responsibility for  special  educational  services
 for certain children with [handicapping conditions] DISABILITIES.
 A. 7258--A                          5
 
   Maintenance  for  children with [handicapping conditions] DISABILITIES
 in residential schools under the provisions of  this  article  or  state
 schools  under  the provisions of articles eighty-seven and eighty-eight
 of this chapter.
   2.  Transportation  expense.  The transportation expense of each child
 with a [handicapping condition] DISABILITY shall be aidable  in  accord-
 ance  with  subdivision  seven of section thirty-six hundred two of this
 chapter; provided, however, that for the  school  year  commencing  July
 first,  nineteen  hundred  seventy-six, school districts shall be appor-
 tioned ninety per centum of the estimated amount of its  approved  costs
 of  such  year  for  the  transportation  of children with [handicapping
 conditions] DISABILITIES  whose  transportation  was  formerly  provided
 under a family court order and is now a charge upon the school district,
 subject  to  the  adjustment  of  any  errors after the actual costs are
 ascertained.
   3. Computing state financial responsibility for operating expenses for
 certain children with [handicapping conditions] DISABILITIES.
   a. In addition to any other apportionments  under  the  provisions  of
 this  chapter,  there  shall  be  apportioned  to each applicable school
 district for each child with a [handicapping  condition]  DISABILITY  in
 attendance  in  a  state  school  under the provisions of paragraph d of
 subdivision two of section forty-four hundred one of this article or  an
 approved  program under the provisions of paragraphs e, f, g, h, i and l
 of such subdivision two, the product of  such  attendance,  computed  in
 accordance  with  regulations  of  the commissioner, and the excess cost
 aid: an amount computed by multiplying the excess cost,  as  defined  in
 subdivision six of section forty-four hundred one of this article by the
 excess cost aid ratio defined in subdivision seven of this section.
   b.  In  addition  to  the  apportionment provided to a school district
 pursuant to paragraph a of this subdivision  for  the  attendance  of  a
 child with a [handicapping condition] DISABILITY in a state school under
 the  provisions  of paragraph d of subdivision two of section forty-four
 hundred one of this article, for each such child in attendance  in  such
 school  prior  to  July  first,  nineteen hundred ninety, there shall be
 apportioned an additional amount. Such amount shall equal the product of
 the taper aidable cost multiplied by the  taper  aid  ratio.  The  taper
 aidable  cost  shall equal the positive remainder resulting when (i) the
 apportionment attributable to such child pursuant to paragraph a of this
 subdivision is subtracted from (ii) the product of such child's  attend-
 ance  and the tuition for the state school such child attends. The taper
 aid ratio shall equal the quotient, computed to three  decimals  without
 rounding,  resulting  when  the  positive  remainder  of  one  minus the
 combined wealth ratio, as defined in subdivision [one] THREE of  section
 thirty-six  hundred  two of this chapter is divided by seventy-five one-
 hundredths. Such aid ratio shall not be less than  zero  nor  more  than
 one.
   c.  The apportionments to each school district pursuant to this subdi-
 vision shall be based on excess cost paid and attendance during the base
 year.
   d. Notwithstanding sections thirty-six hundred  seven  and  thirty-six
 hundred nine-a of this chapter, apportionments pursuant to this subdivi-
 sion  shall  be  paid  to school districts upon submission of reports of
 attendance  and  approved  tuition  expenditures  filed  in   a   format
 prescribed  by the commissioner and shall be paid from the annual appor-
 tionment of public moneys for the support of public schools  in  accord-
 ance with section thirty-six hundred nine-b of this chapter.
 A. 7258--A                          6
 
   5.  The commissioner shall annually determine the tuition rate and the
 commissioner of social services shall annually determine the maintenance
 rate for special services or programs provided during the months of July
 and August for  children  with  [handicapping  conditions]  DISABILITIES
 entitled  to attend public schools without the payment of tuition pursu-
 ant to section thirty-two hundred two of this chapter.  The commissioner
 of education shall annually determine the tuition rate, maintenance rate
 and the medical services rate, if applicable, for such children  attend-
 ing the New York state school for the blind or the New York state school
 for  the  deaf during the months of July and August. Such rates shall be
 determined in conformance with the  reimbursement  methodologies  estab-
 lished pursuant to subdivision four of this section and shall be subject
 to the approval of the division of the budget. Rates shall be determined
 for  all  special  services or programs as defined in section forty-four
 hundred one of this chapter and offered during July and August.
   § 9. Subdivisions 1, 2, 4 and 5 of section 4406 of the education  law,
 subdivisions  1  and  2  as amended and subdivisions 4 and 5 as added by
 chapter 683 of the laws of 1986, are amended to read as follows:
   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 chil-
 dren  with  [handicapping conditions] DISABILITIES, the commissioner [of
 education], 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 [of education]. 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  [of
 education],  is  hereby  made a charge against the county or the city of
 New York  in  which  any  such  [handicapped]  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 [handicapped]
 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.
   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 [handicapping conditions] DISABIL-
 ITIES who are under the age of five  and  are  not  entitled  to  attend
 public  schools without the payment of tuition pursuant to section thir-
 ty-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 [handicapping
 conditions] DISABILITIES.
 A. 7258--A                          7
 
   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.
   §  10.  The  section  heading and subdivision 1 of section 4407 of the
 education law, the section heading as amended by chapter 53 of the  laws
 of  1986, subdivision 1 as amended by chapter 82 of the laws of 1985 and
 paragraph a of subdivision 1 as amended by chapter 53  of  the  laws  of
 1989, are amended to read as follows:
   Special  provisions  relating  to instruction of certain children with
 [handicapping conditions] DISABILITIES.  1. [a.] When it shall appear to
 the satisfaction of the department that a  child  with  a  [handicapping
 condition]  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 [handicap] DISABIL-
 ITY or combination of  [handicaps]  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.
   §  11. The section heading, paragraphs a, b and d of subdivision 4 and
 paragraph a of subdivision 5 of section 4410 of the  education  law,  as
 added  by  chapter 243 of the laws of 1989, paragraph a of subdivision 4
 and subparagraph (iii) of paragraph a of subdivision  5  as  amended  by
 chapter  705  of  the  laws  of 1992 and paragraph d of subdivision 4 as
 amended by chapter 520 of the laws of  1993,  are  amended  to  read  as
 follows:
   Special  education  services  and programs for preschool children with
 [handicapping conditions] DISABILITIES.
   a. The board shall identify each preschool child suspected of having a
 [handicapping condition] DISABILITY who resides within the district and,
 upon referral to the committee shall, with the consent  of  the  parent,
 provide  for  an  evaluation  related to the suspected disability of the
 child. The board shall make such identification in accordance with regu-
 lations of the commissioner.
   b. Each board shall, within time limits established by the commission-
 er, be responsible  for  providing  the  parent  of  a  preschool  child
 suspected of having a [handicapping condition] DISABILITY with a list of
 approved  evaluators  in  the geographic area. The parent may select the
 evaluator from such list.  Each board shall provide for dissemination of
 the list and other information to parents at appropriate sites including
 but not limited to pre-kindergarten, day care, head start  programs  and
 early  childhood  direction  centers,  pursuant  to  regulations  of the
 commissioner.
   d. The approved evaluator shall, following completion  of  the  evalu-
 ation,  transmit  the  documentation of the evaluation to all members of
 the committee and to a person designated by the  municipality  in  which
 the preschool child resides. Each municipality shall notify the approved
 evaluators  in  the  geographic  area  of  the person so designated. The
 summary report of the evaluation shall be  transmitted  in  English  and
 A. 7258--A                          8
 
 when  necessary, also in the dominant language or other mode of communi-
 cation of the parent; the documentation of the evaluation shall be tran-
 smitted in English and, upon the request of  the  parent,  also  in  the
 dominant  language  or other mode of communication of the parent, unless
 not clearly feasible to do so pursuant to regulations promulgated by the
 commissioner. Costs of translating the summary report and  documentation
 of the evaluation shall be separately reimbursed. If, based on the eval-
 uation,  the committee finds that a child has a [handicapping condition]
 DISABILITY, the committee shall use the documentation of the  evaluation
 to  develop an individualized education program for the preschool child.
 Nothing herein shall prohibit an approved evaluator  from  at  any  time
 providing  the parent with a copy of the documentation of the evaluation
 provided to the committee.
   a. The committee shall review all relevant information, including  but
 not limited to:
   (i)  information  presented  by  the parent and the child's teacher or
 teachers pertinent to each child suspected  of  having  a  [handicapping
 condition] DISABILITY;
   (ii) the results of all evaluations; and
   (iii)  information  provided  by the appropriate licensed or certified
 professional designated by the agency that is charged with the responsi-
 bility for the child pursuant to applicable federal laws, if any.
   § 12. The section heading, paragraph f of subdivision 1  and  subdivi-
 sions  2,  3  and  4 of section 4410-a of the education law, as added by
 chapter 53 of the laws of 1990, paragraph f of subdivision 1 as  amended
 by  chapter  474 of the laws of 1996, subdivisions 2, 3 and 4 as amended
 by chapter 280 of the laws of 1994 and such  section  as  renumbered  by
 chapter 705 of the laws of 1992, are amended to read as follows:
   Responsibility  for certain temporary-resident preschool children with
 [handicapping conditions] DISABILITIES.
   f. "Preschool child with a disability" shall mean a child eligible for
 services pursuant to section forty-four hundred ten of this chapter.  [A
 "preschool  child with a handicapping condition" means a preschool child
 with a disability.]
   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 [handicapping condition] 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 [handicapping condition] DISABILITY who is a foster care or
 homeless  child  or  child in residential care.  Such notice of determi-
 nation 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  [handicapping  condition] 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, notwithstand-
 ing 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.
 A. 7258--A                          9
 
   4.  Local  contribution. The municipality of residence shall be finan-
 cially 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 [handicapping condition] DISA-
 BILITY 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.
   § 13. This act shall take effect immediately.