§ 4005. Placement and evaluation of children. 1. a. Children placed by
the family court. When the placement of a child is being considered by
the family court pursuant to section 353.3, seven hundred fifty-six or
one thousand fifty-five of the family court act and such child is
thought to have a handicapping condition and may be placed in a child
care institution, the family court judge or the probation department
shall request the school district of residence to provide that the
committee on special education of such district evaluate such child and
make written recommendations for appropriate educational services and to
forward a written evaluation and recommendation within forty-two days of
such request. Such information shall be used to determine the most
appropriate placement for the child, and if the family court places the
child in the custody of a social services district, it shall transmit
such information to such district. If the committee on special education
determines that the child does not have a handicapping condition, it
shall notify the family court of such determination within forty-two
days. If the committee on special education fails to make a
recommendation pursuant to the provisions of this paragraph, the family
court shall obtain such information from the school district pursuant to
section two hundred fifty-five of the family court act.

b. Children placed by a local social services district. When a local
social services district is considering the placement of a child thought
to have a handicapping condition in a child care institution, the social
services district shall request the school district of residence to
provide that the committee on special education of such district
evaluate such child and make written recommendations for appropriate
educational services within forty-two days, except where such
information has been obtained by the family court. Such information
shall be used to determine the most appropriate placement for the child.
If the committee on special education determines that the child does not
have a handicapping condition, it shall notify the social services
district of such determination within forty-two days.

c. Children placed by the division for youth. (i) Any educational
information obtained by the family court pursuant to this section shall
be transmitted to the division for youth pursuant to section five
hundred seven-b of the executive law. The division shall use such
information to determine the most appropriate placement for the child.

(ii) When the division for youth is considering the placement of a
child thought to have a handicapping condition in a child care
institution, pursuant to article nineteen-G of the executive law, the
division shall request the school district of residence to provide that
the committee on special education of such district evaluate such child
and make written recommendations for appropriate educational services
within forty-two days. Such information shall be used to determine the
most appropriate placement for the child. If the committee on special
education determines that the child does not have a handicapping
condition, it shall notify the division of such determination within
forty-two days.

d. Children placed in residential treatment facilities for children
and youth. When a pre-admission certification committee established
pursuant to section 9.51 of the mental hygiene law is considering the
placement of a child who has not previously been placed in a child care
institution by a public agency in a residential treatment facility for
children and youth and such child is thought to have a handicapping
condition, the committee shall request the school district of residence
to provide that the committee on special education of such district
evaluate such child and make written recommendations for appropriate
educational services and to forward a written evaluation and
recommendation within forty-two days of such request. Notwithstanding
the definition set forth in subdivision eleven of section forty hundred
one of this article, if a child being considered for initial placement
in a residential treatment facility is a patient in a hospital operated
or licensed by the office of mental health, the school district of
residence shall be the school district of residence at the time he or
she entered the hospital. Such information shall be used to determine
the most appropriate placement for the child. If the committee on
special education determines that the child does not have a handicapping
condition, it shall notify the pre-admission certification committee and
the operator of a residential treatment facility for children and youth
which has admitted the child for care and treatment of such
determination within forty-two days.

e. Any information obtained from a committee on special education
pursuant to this section shall be considered confidential in accordance
with regulations of the commissioner and shall be forwarded by the local
social services district, the division for youth or the appropriate
pre-admission certification committee established pursuant to section
9.51 of the mental hygiene law to the child care institution or other
facility in which the child is placed.

f. For the purposes of this section, an emergency placement shall mean
a child who must be placed in a child care institution to protect the
health and welfare of the child or his family within thirty days of the
presentation of the child to the family court or a local social services
district. Children in an emergency placement shall not be exempted from
the requirements of paragraphs a and b of this subdivision, except that
the required educational evaluation shall be performed and
recommendations made subsequent to the emergency placement but in no
case later than forty-two days after such placement.

2. a. Upon the placement of a child who is at least five years of age
in a child care institution that operates a private school or in a
special act school district, by a public agency, or in a residential
treatment facility for children and youth which, independently or as
part of an authorized agency, operates a private school or a special act
school district, the committee on special education of the private
school or the special act district shall follow the procedures contained
in section forty-four hundred two of this chapter including the
involvement of the parents or guardians of the child and shall:

(i) consider and review the evaluation performed by the committee on
special education of the school district of residence.

(ii) prepare an individualized education program for each child who
has been determined to be handicapped which takes into account
recommendations made by the committee on special education of the school
district of residence.

(iii) place the child in the most appropriate program specified in
subdivision two of section forty hundred two of this article. The
committee shall review at least annually and prepare a written report
concerning the status of each child with a handicapping condition under
its jurisdiction which shall include a determination whether a child's
educational program should be continued, modified or terminated.

(iv) forward to the social services district or the division for youth
the individualized education program and in each year forward an annual
report for each child, as specified in this paragraph. The social
services district, the division for youth or the operator of a
residential treatment facility for children and youth which is not
operated by an authorized agency, as the case may be, shall transmit a
copy of such documents to the parents or guardians of the child and to
the committee on special education of the school district of origin and
shall forward a copy of the evaluation performed by the committee on
special education of the school district of residence to the parents or
guardians of the child.

* b. If the individual educational evaluation, individualized
education program, educational placement decision, or the annual report
for the child or any other matter relating to the provision of a free
appropriate public education to the student is not acceptable to the
parents or persons in parental relation to the student, an impartial
hearing may be initiated by such parties pursuant to section forty-four
hundred four of this title and mediation shall be made available
pursuant to section forty-four hundred four-a of this title.

* NB Effective until June 30, 2024

* b. If the educational evaluation, educational placement decision or
the annual report for the child is not acceptable to the parents or
guardians of the child, the child, or the social services district or
the division for youth, appeals may be made by such parties pursuant to
section forty-four hundred four of this chapter.

* NB Effective June 30, 2024

* c. A child care institution or the social services district or the
division for youth may request a review by the board of education of the
school district of residence of the fact that a child has been
determined not to be handicapped by the committee on special education
of such district. An appeal to the commissioner will lie from any
determination of the board of education.

* NB Effective June 30, 2024

3. In the event that it has been determined by a private school
operated by a child care institution or a special act school district,
subject to any review or modification provided for in this article, that
a child should receive educational services in a public school, other
than a special act school district, or board of cooperative educational
services program or if a child resides in a child care institution that
does not maintain an approved private school program or special act
school district, then any such child residing in a child care
institution shall be admitted to the school district in which the child
care institution is located pursuant to regulations of the commissioner.
For the purposes of this subdivision a special act school district shall
not be considered to be the school district in which such institution is
located.

4. During the pendency of any proceeding concerning any individual
child described above, the child care institution or special act school
district shall continue to be reimbursed by the social services district
for the approved cost of the current educational placement of the child,
including the transportation of such child to and from any interview
required by the committee on special education of the child's school
district of residence where an evaluation must be performed subsequent
to the placement of a child pursuant to this section or any costs of an
independent evaluation deemed necessary by such committee.

5. Nothing in this section shall be deemed to affect the placement or
removal of a child from a child care institution by a public agency or
the admission or discharge of children to and from Blythedale Children's
Hospital.