S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4151
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, the mental hygiene law and the social
   services law, in relation  to  student  age  eligibility  for  certain
   programs and benefits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 112-a of  the  education  law,  as
 amended  by  chapter  26  of  the  laws  of  2022, is amended to read as
 follows:
   1. A person under twenty-one years of age, OR UNDER  TWENTY-TWO  YEARS
 OF  AGE FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR
 HUNDRED ONE OF THIS CHAPTER, who has not received a high school  diploma
 and who is placed with, committed to, under the supervision of, detained
 or  otherwise  confined  in  any  facility operated or administered by a
 state department or agency or political subdivision of the  state  which
 provides  educational programs pursuant to section one hundred twelve of
 this article, or who is confined in a correctional facility, as  defined
 in  subdivision  four  of  section  two  of  the correction law, and who
 participates in an educational program provided by such facility,  shall
 be  issued  a  high  school  diploma  by the school district of location
 except when credit bearing educational programming is provided by anoth-
 er school district.  When  credit  bearing  educational  programming  is
 provided  by another school district, that district shall be responsible
 for issuing the high school diploma. The school district responsible for
 issuing the diploma must determine if  such  person  has  completed  the
 minimum  New  York  state diploma requirements as set forth in the regu-
 lations of the commissioner while placed with, committed to,  under  the
 supervision of, detained or confined in such facility.
   §  2.  Subdivisions  13  and  14 of section 1102 of the education law,
 subdivision 13 as amended by chapter 301 of the laws of 1996, and subdi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08345-01-5
              

 S. 4151                             2
 
 vision 14 as added by chapter 293 of the laws of 1954,  are  amended  to
 read as follows:
   13.  It  may  transport pupils under twenty-one years of age, OR UNDER
 TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY  AS  DEFINED  IN
 SECTION  FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, to and from schools and
 classes maintained by such vocational education and extension board  for
 instruction  in  career education. In providing such transportation, the
 board may transport pupils residing outside the county who are attending
 such schools and classes maintained by such board pursuant  to  subdivi-
 sion twelve of this section.
   14.  It  may  purchase  and maintain a motor vehicle or vehicles to be
 used for the transportation of school children under twenty-one years of
 age, OR UNDER TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS  CHAPTER,  to  schools
 and  classes maintained by the county vocational education and extension
 board. Such motor vehicle or vehicles may be leased to a school district
 when not needed for such transportation.  When such motor vehicle  shall
 be leased as provided in this subdivision, public liability and property
 damage  insurance,  fire insurance and compensation insurance of drivers
 shall be provided in the amount stated  in  section  thirty-six  hundred
 twenty-seven  of  this chapter and collision insurance shall be provided
 in the amount of value of the vehicle to protect the lessor. No part  of
 the  cost  and expenses resulting from operation, maintenance and repair
 of such vehicles during the leasing thereof shall be included in  deter-
 mining the amount of any form of state aid received by such county voca-
 tional education and extension board.
   §  3.  Section 1106 of the education law, as amended by chapter 293 of
 the laws of 1954, is amended to read as follows:
   § 1106. Transportation.  1. In a county which has a vocational  educa-
 tion and extension board which does not furnish transportation to pupils
 pursuant  to  subdivision thirteen of section eleven hundred two of this
 [chapter] PART the cost of the transportation of pupils under twenty-one
 years of age, OR UNDER TWENTY-TWO YEARS OF AGE  FOR  A  STUDENT  WITH  A
 DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
 to  schools  and  classes maintained by such county vocational education
 and extension board shall be a charge upon the district  in  which  such
 pupils  reside, or are attending as non-resident pupils.  Such transpor-
 tation shall be considered as other transportation of school  pupils  in
 accordance  with  the provisions of part two of article seventy-three of
 [the education law] THIS CHAPTER and the district of residence,  or  the
 district  in  which non-resident pupils are attending, shall be entitled
 to a transportation quota.
   2. In a county which has a vocational education  and  extension  board
 which  furnishes  transportation to pupils pursuant to subdivision thir-
 teen of section eleven hundred two of this [chapter]  PART,  such  voca-
 tional  education  and  extension  board  shall receive a transportation
 quota which shall be one-half of  the  cost  of  the  transportation  of
 pupils  under  twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF AGE
 FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED
 ONE OF THIS CHAPTER, to schools and classes  maintained  by  such  voca-
 tional education and extension board.
   § 4. Subdivision 2 of section 1125 of the education law, as amended by
 chapter 363 of the laws of 2018, is amended to read as follows:
   2.  "Child"  shall mean a person under the age of twenty-one years, OR
 UNDER TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS DEFINED
 IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, enrolled in a school.
 S. 4151                             3
 
   § 5. The opening paragraph of section 2583 of the  education  law,  as
 amended  by  chapter  655  of  the  laws  of 1978, is amended to read as
 follows:
   The  board of education of the city of New York shall require from the
 officers conducting schools by appointment of the board,  and  from  the
 trustees,  managers  or  directors  of the corporate schools entitled to
 participate in the funds of the board of education of the  city  of  New
 York,  an  annual report in writing dated the thirty-first day of Decem-
 ber, which shall be signed and certified by a majority of such officers,
 trustees, managers or directors, and which  report  shall  state:    the
 whole  number  of  schools within their jurisdiction; the length of time
 each school shall have been kept open; the whole number of  pupils  over
 four and under twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF AGE
 FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED
 ONE  OF THIS CHAPTER, who shall have been taught free of expense to such
 pupils in their schools, during the year ending with  the  date  of  the
 report,  which  number  shall  be ascertained by adding to the number of
 children on register at the commencement of each year, the number admit-
 ted during that year, which shall be considered the total for that year;
 the average number that has actually attended such  schools  during  the
 year,  to be ascertained by the teachers keeping an exact account of the
 number of pupils present every school day  or  half  day,  which,  being
 added  together,  and  divided  by four hundred sixty, or if less than a
 year by the number of school sessions, shall be considered  the  average
 of  attending pupils, which average shall be affirmed or sworn to by the
 principal teacher of the school; a detailed statement of the  amount  of
 moneys  received  or  expended  for  their respective schools during the
 year, from or by the commissioner of finance of such city,  and  of  the
 purposes  for and the manner in which the same shall have been expended;
 a particular account of the state of the schools, and  of  the  property
 and  affairs  of  each  school under their care; the titles of all books
 used; and such other  information  as  such  board  of  education  shall
 require.
   §  6. Section 3028-a of the education law, as amended by chapter 19 of
 the laws of 1987, is amended to read as follows:
   § 3028-a. Students under twenty-one years of age suspected of  alcohol
 abuse  or narcotic addiction.  Any teacher, school administrator, school
 guidance counselor, school psychologist, school drug  counselor,  school
 nurse,  supervisor of attendance, attendance teacher or attendance offi-
 cer having reasonable cause to suspect that a  secondary  or  elementary
 student  under twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF AGE
 FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED
 ONE OF THIS CHAPTER, is a  substance  or  alcohol  abuser  or  substance
 dependent,  who  report such information to the appropriate secondary or
 elementary school officials pursuant to the school's drug policy  or  if
 the  school  has no drug policy to the school's principal or the parents
 or legal guardians of such student under twenty-one  years  of  age,  OR
 UNDER TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS DEFINED
 IN  SECTION  FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, shall have immunity
 from any civil liability that might otherwise be incurred or imposed  as
 a result of the making of such a report.
   § 7. Subdivision 1 of section 3202 of the education law, as amended by
 section  47  of part PP of chapter 56 of the laws of 2022, is amended to
 read as follows:
   1. A person over five and under twenty-one  years  of  age,  OR  UNDER
 TWENTY-TWO  YEARS  OF  AGE FOR A STUDENT WITH A DISABILITY AS DEFINED IN
 S. 4151                             4
 
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, who has not  received  a
 high  school diploma is entitled to attend the public schools maintained
 in the district in which such person  resides  without  the  payment  of
 tuition.  Provided  further  that such person may continue to attend the
 public school in such district in the same manner, if temporarily resid-
 ing outside the boundaries of  the  district  when  relocation  to  such
 temporary  residence  is a consequence of such person's parent or person
 in parental relationship being called to  active  military  duty,  other
 than training. Notwithstanding any other provision of law to the contra-
 ry,  the school district shall not be required to provide transportation
 between a temporary residence located outside of the school district and
 the school the child attends. A veteran of any age who shall have served
 as a member of the armed forces of the United States and who  (a)  shall
 have been discharged therefrom under conditions other than dishonorable,
 or  (b)  has  a  qualifying  condition, as defined in section one of the
 veterans' services law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable from such service, or (c) is a discharged LGBT
 veteran, as defined in section one of the veterans'  services  law,  and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, may attend any of the public schools  of  the  state  upon
 conditions prescribed by the board of education, and such veterans shall
 be  included  in  the  pupil  count for state aid purposes. A nonveteran
 under twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF  AGE  FOR  A
 STUDENT  WITH  A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE
 OF THIS CHAPTER, who has received a high school diploma shall be permit-
 ted to attend classes in the schools  of  the  district  in  which  such
 person  resides  or  in  a  school of a board of cooperative educational
 services upon payment of tuition under  such  terms  and  conditions  as
 shall  be  established  in  regulations promulgated by the commissioner;
 provided, however, that a school  district  may  waive  the  payment  of
 tuition  for  such nonveteran, but in any case such a nonveteran who has
 received a high school diploma shall not be counted for  any  state  aid
 purposes.  Nothing  herein  contained shall, however, require a board of
 education to admit a child who becomes  five  years  of  age  after  the
 school  year  has commenced unless [his or her] THEIR birthday occurs on
 or before the first of December.
   § 8. Paragraphs a and f of subdivision 7 of section 3202 of the educa-
 tion law, paragraph a as amended and paragraph f as added by chapter 564
 of the laws of 2001, are amended to read as follows:
   a. A person under twenty-one years of age, OR UNDER  TWENTY-TWO  YEARS
 OF  AGE FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR
 HUNDRED ONE OF THIS CHAPTER, who has not received a high school  diploma
 and who is incarcerated in a correctional facility maintained by a coun-
 ty  or  by  the  city  of New York or in a youth shelter is eligible for
 educational services pursuant to this subdivision and in accordance with
 the regulations of the commissioner. Such services shall be provided  by
 the  school  district in which the facility or youth shelter is located,
 within the limits of the funds allocated by the  commissioner  for  such
 purposes  pursuant to section thirty-six hundred two of this chapter and
 pursuant to a plan approved by the commissioner.  School districts shall
 submit such plan by July fifteenth of each school year. Boards of educa-
 tion are authorized to contract for the provision  of  such  educational
 services  by  a  board of cooperative educational services or by another
 public school district.
   f. As used in this subdivision, "youth shelter" shall mean an alterna-
 tive residential facility for the incarceration of  youths  between  the
 S. 4151                             5
 
 ages  of  sixteen and twenty-one, OR UNDER TWENTY-TWO YEARS OF AGE FOR A
 STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR  HUNDRED  ONE
 OF THIS CHAPTER, who are remanded by the criminal courts.
   § 9. Subdivision 8 of section 3202 of the education law, as amended by
 chapter 569 of the laws of 1994, is amended to read as follows:
   8.  Homeless children. A homeless child, as defined in subdivision one
 of section thirty-two hundred nine of this [article] PART, over the  age
 of  five and under twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF
 AGE FOR A STUDENT WITH A DISABILITY AS  DEFINED  IN  SECTION  FORTY-FOUR
 HUNDRED ONE OF THIS CHAPTER, who has not received a high school diploma,
 shall  be  entitled  to  attend  a  public school without the payment of
 tuition, in accordance with the provisions of section thirty-two hundred
 nine of this [article] PART.
   § 10. Paragraph e of subdivision 2 and subdivisions 4 and 6 of section
 3212 of the education law, as amended by chapter  919  of  the  laws  of
 1974, are amended to read as follows:
   e.  Shall  furnish,  with  respect  to an individual from seventeen to
 twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF AGE FOR A  STUDENT
 WITH  A  DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS
 CHAPTER, on demand of a duly authorized  representative  of  the  school
 authorities,  satisfactory  proof  that  [he] SUCH INDIVIDUAL is able to
 speak, read and write English as required  for  the  completion  of  the
 fifth year of the elementary school course of study, or cause such indi-
 vidual  to  submit to an examination to determine [his] THEIR ability in
 these respects.
   4. Duties of certain individuals from sixteen to twenty-one  years  of
 age.  An  individual  from  sixteen to twenty-one years of age, OR UNDER
 TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY  AS  DEFINED  IN
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, if not under the control
 of a person in parental relation, shall comply with such requirements of
 THIS part [one of this article] as are applicable.
   6. Birth certificates. For the purpose of THIS part [one of this arti-
 cle],  the  board  of  health  upon  request shall furnish to the school
 authorities, or to the person in parental relation to a minor, or to  an
 individual  from  seventeen to twenty-one years of age, OR UNDER TWENTY-
 TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS DEFINED  IN  SECTION
 FORTY-FOUR  HUNDRED  ONE OF THIS CHAPTER, a duly certified transcript of
 the birth certificate, filed according to law,  of  an  individual  from
 five  to twenty-one years of age, OR UNDER TWENTY-TWO YEARS OF AGE FOR A
 STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR  HUNDRED  ONE
 OF THIS CHAPTER.
   §  11.  Subdivision 2-a of section 3214 of the education law, as added
 by chapter 181 of the laws of 2000, is amended to read as follows:
   2-a. a. Violent pupil. For the purposes of  this  section,  a  violent
 pupil  is  an  elementary or secondary student under twenty-one years of
 age, OR UNDER TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, who:
   (1) commits an act of violence upon a teacher, administrator or  other
 school employee;
   (2)  commits,  while  on  school district property, an act of violence
 upon another student or any other person lawfully upon said property;
   (3) possesses, while  on  school  district  property,  a  gun,  knife,
 explosive  or  incendiary bomb, or other dangerous instrument capable of
 causing physical injury or death;
 S. 4151                             6
 
   (4) displays, while on school district property, what appears to be  a
 gun,  knife,  explosive or incendiary bomb or other dangerous instrument
 capable of causing death or physical injury;
   (5)  threatens,  while on school district property, to use any instru-
 ment that appears capable of causing physical injury or death;
   (6) knowingly and intentionally damages or destroys the personal prop-
 erty of a teacher, administrator, other school district employee or  any
 person lawfully upon school district property; or
   (7)  knowingly  and  intentionally damages or destroys school district
 property.
   b. Disruptive pupil. For the purposes of this  section,  a  disruptive
 pupil  is  an  elementary or secondary student under twenty-one years of
 age, OR UNDER TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS
 DEFINED IN SECTION FORTY-FOUR  HUNDRED  ONE  OF  THIS  CHAPTER,  who  is
 substantially  disruptive  of  the  educational process or substantially
 interferes with the teacher's authority over the classroom.
   § 12. Subdivisions 2, 3 and 4 of section 3241 of  the  education  law,
 subdivision 2 as amended by chapter 266 of the laws of 1956, subdivision
 3  as amended by chapter 855 of the laws of 1972, are amended to read as
 follows:
   2. Such census shall include all persons between  birth  and  eighteen
 years  of  age  and  in  the case of [physically or mentally handicapped
 children] A STUDENT WITH A DISABILITY, AS DEFINED IN SECTION  FORTY-FOUR
 HUNDRED  ONE  OF THIS CHAPTER, between birth and [twenty-one] TWENTY-TWO
 years of age, their names, their respective  residences  by  street  and
 number,  the  day of the month and the year of their birth, the names of
 the persons in parental relation to them, such information  relating  to
 [physical or mental defects, to illiteracy] THEIR DISABILITY, to employ-
 ment  and  to  the  enforcement  of  the law relating to child labor and
 compulsory education as the [education]  department  and  the  board  of
 education of each such city shall require and also such further informa-
 tion as such board of education shall require.
   3.  Such  board  shall provide to the commissioner [of education] upon
 written request therefor and in such form  as  shall  be  prescribed  by
 [him]  SUCH  COMMISSIONER,  a  report  containing  the  names,  ages and
 addresses of those children who are blind or deaf and those having seri-
 ous [physical or mental defects] DISABILITIES. In addition  such  report
 shall  indicate  whether  such  children  are  being educated within the
 public schools of the district or, if they are not, where such education
 is being furnished them.
   4. It shall be the duty of persons in parental relation to any  person
 between  such  ages  residing within the limits of any such city to make
 such reports as the board of education of such city shall require.  Such
 reports shall contain the following information:
   a.  Two  weeks  before any child shall become of the compulsory school
 age, the name of such child, its residence, the name of  the  person  or
 persons  in  parental relation thereto, and the name and location of the
 school to which such child shall have been or shall be sent as a pupil.
   b. In case a child of compulsory school age shall, for any  cause,  be
 removed  from  one school and sent to another school, or sent to work in
 accordance with the labor law, all the facts in relation thereto.
   c. In case the residence of a child shall be removed from  one  police
 precinct  to  another  police  precinct, the new residence and the other
 facts required in paragraphs a and b of this subdivision.
   d. In case a child between birth and eighteen years of age AND IN  THE
 CASE  OF  A  STUDENT WITH A DISABILITY, AS DEFINED IN SECTION FORTY-FOUR
 S. 4151                             7
 
 HUNDRED ONE OF THIS CHAPTER, BETWEEN BIRTH AND TWENTY-TWO YEARS OF  AGE,
 shall become a resident of such city for the first time, the name, resi-
 dence and such other facts as the board of education shall require.
   §  13.  Section  3242 of the education law, as amended by section 3 of
 part A of chapter 57 of the laws of 2013, is amended to read as follows:
   § 3242. School census in school districts. The trustees  or  board  of
 education of every school district may cause a census to be taken of all
 children  between  birth  and  eighteen years of age, including all such
 facts and information as are required in  the  census  provided  for  in
 section  thirty-two hundred forty-one of this part. Such census shall be
 prepared biennially for children between ages five and eighteen who  are
 entitled  to  attend  the  public  schools without payment of tuition in
 duplicate in their respective school districts,  and  one  copy  thereof
 filed  with  the  teacher or principal and the other copy filed with the
 district superintendent or superintendent on or before the fifteenth day
 of October. For pre-school students from birth to  five  years  of  age,
 such  census  may  be  prepared  and  filed  biennially on or before the
 fifteenth day of October. Such census  shall  include  the  reports  and
 information  required  from  cities  as  provided  in section thirty-two
 hundred forty-one of this part. All information regarding a student with
 a disability under the age of [twenty-one]  TWENTY-TWO  years  shall  be
 filed  annually  with  the  superintendent  of  the board of cooperative
 educational services of which said district may be a part.
   § 14. Subparagraph 1 of paragraph d of subdivision 1 of  section  3602
 of  the  education law, as amended by section 11 of part B of chapter 57
 of the laws of 2007, is amended to read as follows:
   (1) Equivalent attendance shall mean the quotient of the total  number
 of  student  hours  of  instruction  in programs in a public school of a
 school district or a board of cooperative educational  services  leading
 to a high school diploma or a high school equivalency diploma as defined
 in  regulations  of the commissioner for pupils under the age of twenty-
 one, OR UNDER TWENTY-TWO YEARS OF AGE FOR A STUDENT WITH A DISABILITY AS
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF  THIS  CHAPTER,  not  on  a
 regular  day  school  register of the district, divided by one thousand.
 Average daily attendance shall include the equivalent attendance of  the
 school  district.  For  the purposes of secondary school weighting, such
 equivalent attendance shall be considered as average daily attendance in
 grades seven through twelve.
   § 15. Paragraph a-1 of subdivision 11 of section 3602 of the education
 law, as amended by section 29-a of part A of chapter 56 of the  laws  of
 2024, is amended to read as follows:
   a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through two thousand nine--two thousand ten, and two  thousand  eleven--
 two thousand twelve through two thousand twenty-four--two thousand twen-
 ty-five,  the  commissioner  may  set  aside an amount not to exceed two
 million five hundred thousand dollars from the  funds  appropriated  for
 purposes  of this subdivision for the purpose of serving persons twenty-
 one years of age or older, OR  UNDER  TWENTY-TWO  YEARS  OF  AGE  FOR  A
 STUDENT  WITH  A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE
 OF THIS CHAPTER, who have not  been  enrolled  in  any  school  for  the
 preceding school year, including persons who have received a high school
 diploma or high school equivalency diploma but fail to demonstrate basic
 educational  competencies  as defined in regulation by the commissioner,
 when measured by accepted standardized tests, and who shall be  eligible
 S. 4151                             8
 
 to attend employment preparation education programs operated pursuant to
 this subdivision.
   §  16.  Section  4213 of the education law, as added by chapter 496 of
 the laws of 1986, is amended to read as follows:
   § 4213. Other persons eligible for appointment.   In  accordance  with
 the  provisions  of  the  charter  of the New York Institute for Special
 Education, and amendments thereto, as issued by the  board  of  regents,
 children  with  handicapping  conditions, other than handicapping condi-
 tions which would establish eligibility for appointment to  the  schools
 enumerated in this article, shall be eligible for appointment to the New
 York  Institute for Special Education as state pupils. The provisions of
 this article shall apply but not necessarily be limited to the  appoint-
 ment,  education,  maintenance  and  support of such pupils. Such pupils
 eligible for appointment, pursuant to this  section,  shall  be  persons
 over  five  and  under [twenty-one] TWENTY-TWO years of age who have not
 received a high school diploma.
   § 17. The opening paragraph of section 4355 of the education  law,  as
 amended  by  chapter  474  of  the  laws  of 1996, is amended to read as
 follows:
   1. All deaf or blind and deaf children between the age of three  years
 and [twenty-one] TWENTY-TWO years, and of suitable capacity for instruc-
 tion who are legal residents of the state shall be eligible for appoint-
 ment  to  the New York state school for the deaf without charge for such
 period of time in each individual case as may be set by the  commission-
 er,  either:  (i)  upon  the  recommendation of the committee on special
 education or committee on preschool special  education  of  the  child's
 school  district  of residence, as applicable; or (ii) where the parents
 of a school age child make application directly to the  commissioner  or
 the  school,  upon recommendation of the school's multidisciplinary team
 in accordance with the joint placement procedures  established  in  this
 section.
   §  18.  Subdivision 1 of section 4401 of the education law, as amended
 by chapter 378 of the laws of 2007, is amended to read as follows:
   1. A "child with a disability" or "student with a disability" means  a
 person  under  the  age  of  [twenty-one]  TWENTY-TWO who is entitled to
 attend public schools pursuant to section thirty-two hundred two of this
 chapter and who, because of [mental] COGNITIVE,  physical  or  emotional
 reasons  can  only  receive appropriate educational opportunities from a
 program of special education. Such term does not include a  child  whose
 educational  needs  are  due primarily to unfamiliarity with the English
 language, environmental, cultural or economic factors. Lack of appropri-
 ate instruction in reading, including in  the  essential  components  of
 reading  instruction  as  defined  in subsection three of section twelve
 hundred eight of the elementary and secondary education act of  nineteen
 hundred sixty-five, or lack of appropriate instruction in mathematics or
 limited English proficiency shall not be the determinant factor in iden-
 tifying  a  student  as a student with a disability. "Special education"
 means specially designed instruction which includes special services  or
 programs as delineated in subdivision two of this section, and transpor-
 tation, provided at no cost to the parents to meet the unique needs of a
 child with a disability. A "child with a handicapping condition" means a
 child with a disability.
   §  19.  Subdivision 1 of section 4401 of the education law, as amended
 by chapter 311 of the laws of 1999, is amended to read as follows:
   1. A "child with a disability" or "student with a disability" means  a
 person  under  the  age  of  [twenty-one]  TWENTY-TWO who is entitled to
 S. 4151                             9

 attend public schools pursuant to section thirty-two hundred two of this
 chapter and who, because of [mental] COGNITIVE,  physical  or  emotional
 reasons  can  only  receive appropriate educational opportunities from a
 program  of  special education. Such term does not include a child whose
 educational needs are due primarily to unfamiliarity  with  the  English
 language,  environmental, cultural or economic factors. Lack of instruc-
 tion in reading or mathematics or limited English proficiency shall  not
 be  the  determinant factor in identifying a student as a student with a
 disability. "Special education"  means  specially  designed  instruction
 which includes special services or programs as delineated in subdivision
 two  of  this  section,  and  transportation, provided at no cost to the
 parents to meet the unique needs of a child with a disability. A  "child
 with a handicapping condition" means a child with a disability.
   §  20.  Paragraph  a of subdivision 1 of section 4402 of the education
 law, as amended by section 51-b of part L of chapter  405  of  the  laws
 1999, is amended to read as follows:
   a.  The board of education or trustees of each school district and the
 city school district of the city of New York shall ascertain under regu-
 lations prescribed by the commissioner and approved by  the  regents  of
 the  university,  the number of children with handicapping conditions in
 such district under the age of [twenty-one]  TWENTY-TWO  years  and  the
 nature  of  the  handicapping condition of each such child in accordance
 with the provisions of this  section,  and  shall  maintain  a  register
 containing  the  name  of  each  child with a handicapping condition who
 resides in the district, the nature of such child's handicapping  condi-
 tion, the educational placement and setting, if any, of such child.
   §  21. Clause (c) of subparagraph 3 of paragraph b of subdivision 1 of
 section 4402 of the education law, as amended by chapter 600 of the laws
 of 1994, is amended to read as follows:
   (c) Provide written prior notice to the parents or person in  parental
 relationship  of  the  child  upon receipt of referral for evaluation or
 whenever such committee plans to continue, modify or  change  the  iden-
 tification,  evaluation,  or  educational  placement of the child or the
 provision of a free appropriate public education to the child and advise
 the parent of or person in parental relationship to the child of [his or
 her] THEIR opportunity to address the committee, either in person or  in
 writing,  on  the  appropriateness of the committee's recommendations on
 program placements to be made to the board  of  education  or  trustees.
 Such  notice  shall,  where  a  child  has  been placed in a residential
 program by a committee on special education, or has been  determined  to
 be  at  risk  of  such a placement pursuant to subparagraph four of THIS
 paragraph [b of subdivision one of section  forty-four  hundred  two  of
 this  article],  also  notify  the  parent  or  other person in parental
 relationship that the child is not entitled to receive free  educational
 services or to remain in a residential educational program after the age
 of  [twenty-one] TWENTY-TWO, the receipt of a high school diploma or the
 time described in subdivision five of this section.
   § 22. Subdivision 5 of section 4402 of the education law,  as  amended
 by chapter 371 of the laws of 2023, is amended to read as follows:
   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 disability who reaches the age of [twenty-one] TWENTY-TWO
 during (a) the period commencing with the first day of July  and  ending
 on  the thirty-first day of August shall if otherwise eligible, be enti-
 tled to continue in a July and August program until the thirty-first day
 of August or until the termination  of  the  summer  program,  whichever
 S. 4151                            10
 
 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.
   §  23. Subdivision 8 of section 4402 of the education law, as added by
 chapter 434 of the laws of 2014, is amended to read as follows:
   8. Upon their child's enrollment or attendance  in  a  public  school,
 such  school shall notify every parent or person in parental relation of
 their rights regarding referral and evaluation of their  child  for  the
 purposes  of special education services or programs pursuant to applica-
 ble federal and state laws. Such notification may be provided by direct-
 ing parents or  persons  in  parental  relation  to  obtain  information
 located  on  the  department's  website  relating to a parent's guide to
 special education in New York state  for  children  ages  three  through
 [twenty-one] TWENTY-TWO provided the notification shall also contain the
 name   and  contact  information  for  the  chairperson  of  the  school
 district's committee on special education or  other  individual  who  is
 charged with processing referrals to the committee in the district.
   § 24. Subdivision 3 of section 4410-b of the education law, as amended
 by chapter 437 of the laws of 2005, is amended to read as follows:
   3. Federal flow-through funds. Each school district receiving an allo-
 cation  of  funds pursuant to section six hundred eleven of the individ-
 uals with disabilities education act for the  nineteen  hundred  ninety-
 nine--two  thousand  school  year  or  any  subsequent school year shall
 sub-allocate such funds in accordance with  this  subdivision  to  other
 public  and  private  agencies  providing  special education services to
 students ages three to [twenty-one] TWENTY-TWO who were placed  in  such
 agency  by the school district's IEP team. For school years prior to two
 thousand six--two thousand seven, such sub-allocations shall be made  on
 a  per capita basis, based upon the number of students three to [twenty-
 one] TWENTY-TWO years of age who were  placed  in  such  agency  by  the
 school  district's  IEP  team  and  were served by the public or private
 agency as of December first of the base year, as reported to the commis-
 sioner; and, for the school year two thousand  six--two  thousand  seven
 and  thereafter,  such  sub-allocations  shall  be  made on a per capita
 basis, based upon the number of students three to  [twenty-one]  TWENTY-
 TWO years of age who were placed in such agency by the school district's
 IEP  team  and  who  were  receiving  special  education programming and
 instruction from the public or private agency as of  December  first  of
 the  base  year,  as  reported  to  the commissioner, and according to a
 formulae based upon the number of students three to  [twenty-one]  TWEN-
 TY-TWO  years  of  age who were receiving related services only from the
 public or private agency as of December  first  of  the  base  year,  as
 reported  to the commissioner, such that such sub-allocation shall be in
 an amount determined in accordance with the provisions of this  subdivi-
 sion.  For the school year two thousand six--two thousand seven, the per
 capita sub-allocation shall be adjusted whereby each  student  three  to
 [twenty-one]  TWENTY-TWO years of age who was placed in an agency by the
 school district's IEP  team  and  who  is  receiving  special  education
 programming and instruction therefrom shall be counted as one per capita
 and  each  such student who is receiving related services only from such
 public or private agency shall be counted as two-thirds of a per capita,
 for purposes of determining such  per  capita  sub-allocation  for  such
 school  year  and that for the school year two thousand seven--two thou-
 sand eight and  thereafter,  shall  be  counted  as  one-third  for  the
 purposes  of  determining  the per capita sub-allocation for such school
 S. 4151                            11
 
 year; provided, however, that any  municipality  which,  prior  to  July
 first,  two thousand three, operated an approved special education itin-
 erant teacher program for students three to five years of age  who  were
 placed  in such program by a school district's IEP team, shall be deemed
 to be a public or private agency for purposes of this  section  and  the
 sub-allocation directed by this subdivision shall be made on a per capi-
 ta basis, based upon the number of students, three to [twenty-one] TWEN-
 TY-TWO  years of age who are receiving special education programming and
 instruction and related services only therefrom. Payments of  such  sub-
 allocation  shall  be made in the same proportion as such funds are paid
 to the school district by the state within thirty days  after:  (i)  the
 school  district receives any portion of its allocation of funds for the
 current year pursuant to section six hundred eleven of  the  individuals
 with disabilities education act; or (ii) the school district receives an
 application  for a sub-allocation by a public or private agency, or, for
 the nineteen hundred ninety-nine--two thousand  school  year  only,  the
 school  district  receives  notice  from  the  commissioner that such an
 application for a sub-allocation has been filed with  the  commissioner;
 whichever occurs later.
   § 25. Subparagraph 1 of paragraph b of subdivision 8 of section 4410-b
 of  the  education  law, as added by chapter 437 of the laws of 2005, is
 amended to read as follows:
   (1) develop forms to be submitted by school districts that report  the
 number of students three to [twenty-one] TWENTY-TWO years of age who are
 placed  in  a  public  or  private  agency  providing  special education
 services  and  who  are  receiving  special  education  programming  and
 instruction  from  such  agency, and the number of such students who are
 receiving related services only from such agency; and
   § 26. Subdivision 22 of section 305 of the education law, as added  by
 chapter  262 of the laws of 1988 and as renumbered by chapter 627 of the
 laws of 1989, is amended to read as follows:
   22. The commissioner shall establish the procedures  for  a  statewide
 system  of  assigning  unique  student  identification  numbers  for all
 students in public and nonpublic schools within the state  for  purposes
 of  student  tracking  and  for state reporting purposes. Students shall
 retain their numbers until they attain the age of twenty-one,  OR  UNTIL
 THEY  ATTAIN  THE  AGE  OF  TWENTY-TWO FOR STUDENTS WITH A DISABILITY AS
 DEFINED IN SECTION FORTY-FOUR  HUNDRED  ONE  OF  THIS  CHAPTER.  As  new
 students  enter  schools  in  New  York, they shall be assigned a unique
 number. The commissioner shall include in such system appropriate proce-
 dures for insuring security and confidentiality of student  information.
 The  commissioner shall adopt regulations to provide for the implementa-
 tion of such statewide system by school districts and nonpublic schools.
   § 27. Subdivision 4 of section 4001 of the education law, as added  by
 chapter  563 of the laws of 1980 and as renumbered by chapter 947 of the
 laws of 1981, is amended to read as follows:
   4. "Child with a [handicapping condition] DISABILITY" OR "STUDENT WITH
 A DISABILITY" shall mean a person between the ages of five and  [twenty-
 one]  TWENTY-TWO  who has been identified through appropriate evaluation
 and assessment as having a disability arising from cognitive,  emotional
 or  physical  factors, or any combination thereof, which interferes with
 the child's ability to benefit from regular education.
   § 28. Subdivision 1 of section 4002 of the education law, as added  by
 chapter 563 of the laws of 1980, is amended to read as follows:
   1. Each child between the ages of five and [twenty-one] TWENTY-TWO who
 resides  in  a child care institution and who has not yet graduated from
 S. 4151                            12
 
 high school shall be entitled to receive a free and  appropriate  educa-
 tion in the least restrictive environment for that child.
   §  29.  Subdivision 1 of section 4408 of the education law, as amended
 by section 32 of part A-1 of chapter 58 of the laws of 2006, is  amended
 to read as follows:
   1.  State  aid. The commissioner shall make payments for approved July
 and August programs for students with disabilities  in  accordance  with
 this  section  in  an  amount  equal to eighty percent of the sum of the
 approved tuition and maintenance rates and  the  transportation  expense
 for  the current year enrollment of students with disabilities ages five
 through [twenty-one] TWENTY-TWO or students eligible for services during
 July and August pursuant to article eighty-five, eighty-seven or  eight-
 y-eight  of this [chapter] TITLE, where such costs are determined pursu-
 ant to section forty-four hundred five of this  article,  provided  that
 the  placement  of  such  students  was approved by the commissioner, if
 required. Such programs shall operate for six weeks and shall be  funded
 for  thirty  days  of service, provided, however, that the observance of
 the legal holiday for Independence day may constitute a day of  service.
 Upon  certification by the school district in which the student resides,
 that such services were provided, such payment  shall  be  made  to  the
 provider of such services, in accordance with the provisions of subdivi-
 sion three of this section.
   §  30.  Subdivisions (b) and (c) of section 7.37 of the mental hygiene
 law, subdivision (b) as amended by chapter 600 of the laws of 1994,  and
 subdivision (c) as added by chapter 570 of the laws of 1983, are amended
 to read as follows:
   (b) Upon receipt of a report, the commissioner shall review the report
 and  shall  determine  if  the child will likely need adult services. If
 necessary and appropriate, the commissioner may conduct an evaluation of
 the child to determine if adult services will be needed. Such evaluation
 shall include, but not be limited to, the  medical,  vocational  or  day
 services  and social needs of the child, the desires of the child and of
 [his or her] THEIR parents or guardian, and the availability  of  appro-
 priate  services.  If  the  child  will  likely need adult services, the
 commissioner shall develop a plan for continued care which shall include
 any evaluation and shall identify those adult programs or services which
 may be available and which are operated or licensed by the office and by
 the local governmental unit of the county in which the child resides, or
 in the event that the child resides in a county within the city  of  New
 York,  the local governmental unit of the city of New York. Such written
 plan shall be made available to the individual,  unless  the  individual
 objects, and [his or her] THEIR parents or guardian as soon as practica-
 ble but not later than one year before the individual attains the age of
 [twenty-one]  TWENTY-TWO.  If such recommendation has been made prior to
 one year before the individual attains the age of  [twenty]  TWENTY-ONE,
 the office shall provide yearly updates until the individual attains the
 age of [twenty-one] TWENTY-TWO.
   (c)  If  the  commissioner  determines, pursuant to subdivision (b) of
 this section, that such child  will  not  require  adult  services,  the
 commissioner  shall  notify the child's parent or guardian in writing of
 such determination. Such notice shall be given as  soon  as  practicable
 but  no later than six months before the child attains the age of [twen-
 ty-one] TWENTY-TWO.
   § 31. Subdivision (a) of section 7.37-a of the mental hygiene law,  as
 added by chapter 405 of the laws of 1998, is amended to read as follows:
 S. 4151                            13
 
   (a)  For purposes of this section, "transitional care" shall mean care
 and maintenance of persons:
   1. who were placed in foster care by a social services district pursu-
 ant  to article six of the social services law and who have become twen-
 ty-one years of age, OR WHO HAVE BECOME TWENTY-TWO YEARS OF  AGE  FOR  A
 STUDENT  WITH  A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE
 OF THE EDUCATION LAW, or who were placed in  a  residential  educational
 placement  by  a  school district pursuant to article eighty-nine of the
 education law and who  are  no  longer  eligible  for  free  educational
 services  because  they  have  completed  the  school year in which they
 became [twenty-one] TWENTY-TWO;
   2. who were disabled and in need of residential care prior to becoming
 age twenty-one, OR BECOMING AGE TWENTY-TWO FOR A STUDENT WITH A DISABIL-
 ITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE  EDUCATION  LAW,
 or prior to becoming ineligible for free education services and who have
 since  remained  continuously disabled and continuously in need of resi-
 dential care;
   3. who became twenty-one, OR TWENTY-TWO FOR A STUDENT WITH A DISABILI-
 TY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW, or
 became ineligible for free educational services  prior  to  July  first,
 nineteen hundred ninety-six;
   4.  with  respect  to whom the office has approved a plan of continued
 out of home care for the person but has not yet identified  a  currently
 available appropriate placement;
   5.  whose  residential  needs  can be met by the facility in which the
 persons resided prior to becoming age [twenty-one] TWENTY-TWO or  becom-
 ing ineligible for free educational services; and
   6.  who on July first, nineteen hundred ninety-eight are in receipt of
 transitional care, or who have continuously remained in the foster  care
 or  residential education placement where they had received transitional
 care.
   § 32. Paragraph 1 of subdivision (c)  section  7.37-a  of  the  mental
 hygiene  law, as added by chapter 405 of the laws of 1998, is amended to
 read as follows:
   1. the office has an  agreement  with  the  residential  facility  for
 continued  care  of qualified persons at rates which are no greater than
 the rates that would have been available if such persons were under  age
 [twenty-one] TWENTY-TWO;
   §  33.  Subdivision  (a) of section 7.38 of the mental hygiene law, as
 amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
 follows:
   (a)  The  office  shall, in consultation with the department of social
 services, the education department, the office for people with  develop-
 mental disabilities, and the council on children and families, develop a
 plan and implement procedures to help assure that all persons who are at
 the  age  or time to first qualify for transitional care as described in
 section 7.37-a of this article, and for whom  the  office  has  accepted
 planning responsibilities, receive assistance in locating an appropriate
 and  available  residential  placement  or  plan of services, within the
 state and within the system of care subject to the jurisdiction  of  the
 office,  prior  to  the  age  or time at which they would otherwise have
 qualified for transitional care, if such individual had become  [twenty-
 one]  TWENTY-TWO  or become ineligible for educational services prior to
 July first, nineteen hundred ninety-six. For purposes of  this  section,
 the age or time at which a person would qualify for transitional care is
 twenty-one for persons in foster care, and the end of the school year in
 S. 4151                            14
 
 which  they become twenty-one for persons in residential schools, EXCEPT
 THAT IN THE CASE OF STUDENTS WITH DISABILITIES  AS  DEFINED  IN  SECTION
 FORTY-FOUR  HUNDRED ONE OF THE EDUCATION LAW, THE AGE OR TIME AT WHICH A
 PERSON WOULD QUALIFY FOR TRANSITIONAL CARE IS TWENTY-TWO.
   §  34. Subdivisions (b) and (c) of section 13.37 of the mental hygiene
 law, as amended by chapter 508 of the laws of 2008, are amended to  read
 as follows:
   (b) Upon receipt of a report, the commissioner shall review the report
 and  shall  determine  if  the child will likely need adult services. If
 necessary and appropriate, the commissioner may conduct an evaluation of
 the child to determine if adult services will be needed. Such evaluation
 shall include, but not be limited to, the  medical,  vocational  or  day
 services  and social needs of the child, the desires of the child and of
 [his or her] THEIR parents or guardian, and the availability  of  appro-
 priate  services.  If  the  child  will  likely need adult services, the
 commissioner shall develop a plan for continued care which shall include
 any evaluation and shall identify those adult programs or services which
 may be available and which are operated or licensed by the office and by
 the local governmental unit of the county in which the child resides, or
 in the event that the child resides in a county within the city  of  New
 York,  the local governmental unit of the city of New York. Such written
 plan shall be made available to the individual and, unless the  individ-
 ual  objects, to [his or her] THEIR parents or guardian as soon as prac-
 ticable but not later than one year before the  individual  attains  the
 age  of  [twenty-one] TWENTY-ONE.   If such recommendation has been made
 prior to one year before the individual  attains  the  age  of  [twenty]
 TWENTY-ONE, the office shall provide yearly updates until the individual
 attains the age of [twenty-one] TWENTY-TWO.
   (c)  If  the  commissioner  determines, pursuant to subdivision (b) of
 this section, that such child  will  not  require  adult  services,  the
 commissioner shall notify the child's parent or guardian and the commit-
 tee  on  special  education,  multidisciplinary  team or social services
 official, which submitted the report, in writing of such  determination.
 Such  notice shall be given as soon as practicable but no later than six
 months before the child attains  the  age  of  [twenty-one]  TWENTY-TWO.
 Such notice shall state the reasons for the determination and may recom-
 mend  a state agency which may be responsible for determining and recom-
 mending adult services. If such determination is not acceptable  to  the
 child's  parent  or  guardian,  such person may appeal the determination
 pursuant to regulations adopted by the commissioner.
   § 35. Subdivision (a) of section 13.37-a of the mental hygiene law, as
 amended by chapter 106 of the laws  of  2015,  is  amended  to  read  as
 follows:
   (a)  For purposes of this section, "transitional care" shall mean care
 and maintenance of persons:
   1. who were placed in foster care by a social services district pursu-
 ant to article six of the social services law and who have become  twen-
 ty-one  years  of  age,  OR  HAVE  BECOME  TWENTY-TWO YEARS OF AGE FOR A
 STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR  HUNDRED  ONE
 OF  THE  EDUCATION  LAW, or who were placed in a residential educational
 placement by a school district pursuant to article  eighty-nine  of  the
 education  law  and  who  are  no  longer  eligible for free educational
 services because they have completed  the  school  year  in  which  they
 became [twenty-one] TWENTY-TWO;
   2. who were disabled and in need of residential care prior to becoming
 age  [twenty-one]  TWENTY-TWO  or  prior to becoming ineligible for free
 S. 4151                            15

 education services and who have since remained continuously disabled and
 continuously in need of residential care;
   3. who became twenty-one, OR TWENTY-TWO FOR A STUDENT WITH A DISABILI-
 TY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW, or
 became  ineligible  for  free  educational services prior to July first,
 nineteen hundred ninety-six;
   4. with respect to whom the office has approved a  plan  of  continued
 out  of  home care for the person but has not yet identified a currently
 available appropriate placement;
   5. whose residential needs can be met by the  facility  in  which  the
 persons  resided  prior  to becoming age twenty-one, OR TWENTY-TWO FOR A
 STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR  HUNDRED  ONE
 OF  THE  EDUCATION  LAW,  or  becoming  ineligible  for free educational
 services; and
   6. who on July first, nineteen hundred ninety-eight are in receipt  of
 transitional  care, or who have continuously remained in the foster care
 or residential education placement where they had received  transitional
 care.
   §  36. Paragraph 1 of subdivision (c) of section 13.37-a of the mental
 hygiene law, as added by chapter 405 of the laws of 1998, is amended  to
 read as follows:
   1.  the  office  has  an  agreement  with the residential facility for
 continued care of qualified persons at rates which are no  greater  than
 the  rates that would have been available if such persons were under age
 [twenty-one] TWENTY-TWO;
   § 37. Subdivision (a) of section 13.38 of the mental hygiene  law,  as
 amended  by  chapter  106  of  the  laws  of 2015, is amended to read as
 follows:
   (a) The office shall, in consultation with the  department  of  social
 services, the education department, the office of mental health, and the
 council  on  children  and families, develop a plan and implement proce-
 dures to help assure that all persons who are at  the  age  or  time  to
 first  qualify for transitional care, as described in section 13.37-a of
 this article, and for whom the office has accepted planning responsibil-
 ities, receive assistance in locating an appropriate and available resi-
 dential placement or plan of services, within the state and  within  the
 system  of  care subject to the jurisdiction of the office, prior to the
 age or time at which they would otherwise  have  qualified  for  transi-
 tional  care,  if  such individuals had become twenty-one, OR TWENTY-TWO
 FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED
 ONE OF THE EDUCATION LAW, or become ineligible for educational  services
 prior  to  July first, nineteen hundred ninety-six. For purposes of this
 section, the age or time at which a person  would  qualify  for  transi-
 tional care is twenty-one, OR TWENTY-TWO FOR A STUDENT WITH A DISABILITY
 AS  DEFINED  IN SECTION FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW, for
 persons in foster care, and the end of the school  year  in  which  they
 become [twenty-one] TWENTY-TWO for persons in residential schools.
   §  38.  Paragraph  4 of subdivision (g) of section 29.15 of the mental
 hygiene law, as amended by chapter 273 of the laws of 1986,  is  amended
 to read as follows:
   4. The notification of the appropriate school district and the commit-
 tee  on special education regarding the proposed discharge or release of
 a patient under [twenty-one] TWENTY-TWO years of  age,  consistent  with
 all  applicable  federal  and  state laws relating to confidentiality of
 such information.
 S. 4151                            16
 
   § 39. Section 33.11 of the mental hygiene law, as amended  by  chapter
 168 of the laws of 2010, is amended to read as follows:
 § 33.11 Education for children with mental disabilities.
   The  office  of  mental health and the office for people with develop-
 mental disabilities shall provide the same  education  for  patients  in
 office  of  mental  health  hospitals and residents in office for people
 with developmental disabilities schools who are between the ages of five
 and [twenty-one] TWENTY-TWO which they would otherwise  be  entitled  to
 receive  in their local school districts pursuant to article eighty-nine
 of the education law. The cost of such education shall be a charge  upon
 and  shall  be  paid  by  the  office of mental health or the office for
 people with developmental  disabilities  when  received  within  such  a
 hospital  or  school  by  a  patient or resident therein. Such education
 shall be adapted to the mental attainments of such  children.  Provided,
 however,  that  such children as can benefit therefrom shall be admitted
 to the schools of the school district in which such hospital  or  school
 is  located in accordance with regulations of the commissioner of educa-
 tion developed in consultation with the commissioners of  mental  health
 and  developmental  disabilities.  The cost of such instruction less the
 state aid attributed to such child, shall be a charge  upon  the  school
 district  in  which  the  child  resided at the time of admission to the
 state hospital or school, except in those cases as provided in paragraph
 c of subdivision five of section thirty-two hundred two of the education
 law.
   § 40. Subdivision (c) of section 118 of the social  services  law,  as
 amended  by  chapter  909  of  the  laws  of 1974, is amended to read as
 follows:
   (c) if a child under the age of twenty-one years, OR TWENTY-TWO  YEARS
 FOR A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED
 ONE  OF  THE  EDUCATION  LAW,  in  a  boarding home under the care of an
 authorized agency, or
   § 41. Subdivisions 2 and 4 of section 169 of the social services  law,
 as  amended  by  chapter 909 of the laws of 1974, are amended to read as
 follows:
   2. The [wife, husband] SPOUSE, child or grandchild under  the  age  of
 twenty-one years, OR TWENTY-TWO YEARS FOR A STUDENT WITH A DISABILITY AS
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW, [father,
 mother,  stepfather or stepmother] PARENT OR STEPPARENT of a veteran, if
 living with the veteran;
   4. The dependent children under the age of twenty-one years, OR  TWEN-
 TY-TWO  YEARS  FOR  A  STUDENT  WITH  A DISABILITY AS DEFINED IN SECTION
 FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW, or the incapacitated  chil-
 dren of a deceased veteran.
   §  42.  Paragraph  (a) of subdivision 2 of section 350-j of the social
 services law, as amended by section 38 of part B of chapter 436  of  the
 laws of 1997, is amended to read as follow:
   (a)  where  the  child is under twenty-one years of age, OR TWENTY-TWO
 YEARS FOR A STUDENT WITH A DISABILITY AS DEFINED IN  SECTION  FORTY-FOUR
 HUNDRED ONE OF THE EDUCATION LAW; and
   §  43.  Subdivision  1  of  section 386 of the social services law, as
 amended by chapter 555 of the laws  of  1978,  is  amended  to  read  as
 follows:
   1.  The  board  or  the  department  is  authorized  to  visit, in its
 discretion, any minor under the age of twenty-one years,  OR  TWENTY-TWO
 YEARS  FOR  A STUDENT WITH A DISABILITY AS DEFINED IN SECTION FORTY-FOUR
 S. 4151                            17
 
 HUNDRED ONE OF THE EDUCATION LAW, committed, placed out or  boarded  out
 and not legally adopted or in the custody of a legal guardian.
   §  44.  Paragraph  (h)  of  subdivision 6 of section 398 of the social
 services law, as amended by chapter 387 of the laws of 1999, is  amended
 to read as follows:
   (h)  Supervise  children who have been cared for away from their fami-
 lies until such children become twenty-one years of age,  OR  TWENTY-TWO
 YEARS  OF  AGE  FOR  A  STUDENT  WITH A DISABILITY AS DEFINED IN SECTION
 FORTY-FOUR  HUNDRED  ONE  OF  THE  EDUCATION  LAW,  or  until  they  are
 discharged  to  their  own parents, relatives within the third degree or
 guardians, or adopted, provided, however, that in the case  of  a  child
 who  is developmentally disabled as such term is defined in section 1.03
 of the mental hygiene law, emotionally  disturbed  or  physically  hand-
 icapped, and who is receiving care in a group home, agency boarding home
 or  any  child  care  facility  operated  by an authorized agency with a
 capacity of thirteen or more children, and who is in receipt  of  educa-
 tional  services and under the care and custody of a local department of
 social services, the commissioner of the office of children  and  family
 services  shall  allow  such child who reaches the age of twenty-one, OR
 TWENTY TWO IN THE CASE OF A STUDENT WITH  A  DISABILITY  AS  DEFINED  IN
 SECTION  FORTY-FOUR  HUNDRED ONE OF THE EDUCATION LAW, during the period
 commencing on the first day of September and ending on the thirtieth day
 of June to 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.
   §  45.  Subdivisions  1  and 2 of section 398-c of the social services
 law, as added by chapter 570 of the laws of 1983, are amended to read as
 follows:
   1. The commissioner shall determine whether a child, whose  report  is
 submitted to the department pursuant to subparagraph five of paragraph b
 of  subdivision  one  of section forty-four hundred two of the education
 law or subdivision thirteen of section  three  hundred  ninety-eight  of
 this  article,  will  likely  need adult services and, if such need will
 likely exist, develop  a  recommendation  of  all  appropriate  programs
 authorized or operated by the department which may be available when the
 child  attains  the  age  of [twenty-one] TWENTY-TWO.   If necessary and
 appropriate, the commissioner may conduct an evaluation of the child  to
 determine  if  adult  services will be necessary. Such recommendation of
 all programs shall be made available to the parent or guardian  of  such
 child  as  soon  as practicable but no later than six months before such
 child attains the age of [twenty-one] TWENTY-TWO.
   2. If the commissioner determines pursuant to subdivision one of  this
 section,  that  such  child will not require adult services, the commis-
 sioner shall notify the child's parent or guardian in  writing  of  such
 determination.  Such notice shall be given as soon as practicable but no
 later than six months before the child attains the age  of  [twenty-one]
 TWENTY-TWO.
   §  46.  Subparagraph  (i) of paragraph (a) of subdivision 1 of section
 409-a of the social services law, as amended by chapter 342 of the  laws
 of 2010, is amended to read as follows:
   (i)  the child will be placed, returned to or continued in foster care
 unless such services are provided and that it is reasonable  to  believe
 that by providing such services the child will be able to remain with or
 be  returned  to [his or her] THEIR family, and for a former foster care
 youth under the age of twenty-one,  OR  TWENTY-TWO  IN  THE  CASE  OF  A
 STUDENT  WITH  A DISABILITY AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE
 S. 4151                            18
 
 OF THE EDUCATION LAW, who was previously placed in the care and  custody
 or custody and guardianship of the local commissioner of social services
 or  other officer, board or department authorized to receive children as
 public  charges where it is reasonable to believe that by providing such
 services the former foster care youth will avoid a return to foster care
 or
   § 47. Subdivision 5 of section 430 of  the  social  services  law,  as
 added by chapter 906 of the laws of 1976, is amended to read as follows:
   5. As used in this title, "day services" shall mean care and treatment
 for  part of the day of one or more children under eighteen years of age
 and their families in a program which  provides  to  such  children  and
 families in accordance with their needs various services such as psychi-
 atric,  psychological, social casework, educational, vocational, health,
 transportation and such other services as  may  be  appropriate.    Such
 services  shall be provided in accordance with program standards promul-
 gated by the department.  Day services may be continued after the  eigh-
 teenth birthday of a child in the care of an authorized agency and until
 [he]  SUCH CHILD becomes twenty-one years of age, OR TWENTY-TWO YEARS OF
 AGE IN THE CASE OF A STUDENT WITH A DISABILITY  AS  DEFINED  IN  SECTION
 FORTY-FOUR  HUNDRED ONE OF THE EDUCATION LAW.  Day services shall not be
 provided to any children and their families for periods in excess of one
 year, without the approval of the department.
   § 48. This act shall take effect immediately; provided that the amend-
 ments to subdivision 1 of section 4401 of  the  education  law  made  by
 section  eighteen  of  this  act  shall be subject to the expiration and
 reversion of such subdivision pursuant to section 22 of chapter  352  of
 the laws of 2005, as amended, and subdivision d of section 27 of chapter
 378  of the laws of 2007, as amended, when upon such date the provisions
 of section nineteen of this act shall take effect; provided further that
 section twenty of this act shall take effect on the  same  date  as  the
 reversion  of paragraph a of subdivision 1 of section 4402 of the educa-
 tion law, as provided in section 22 of chapter 352 of the laws of  2005,
 as amended.