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This entry was published on 2014-09-22
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SECTION 4407
Special provisions relating to instruction of certain children with handicapping conditions
Education (EDN) CHAPTER 16, TITLE 6, ARTICLE 89
§ 4407. Special provisions relating to instruction of certain children
with handicapping conditions. 1. a. When it shall appear to the
satisfaction of the department that a child with a handicapping
condition 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 or combination of
handicaps 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.

2. The state education department shall maintain a register of such
educational facilities which are outside of the state which, after
inspection, it deems qualified to meet the needs of certain children for
instruction pursuant to subdivision one of this section.

3. Notwithstanding the location of the educational facility, if a
child meets the eligibility requirements of subdivision one of this
section and has, prior to July first, nineteen hundred seventy-six
received support under this section of law by attending an educational
facility within the state, such child shall be allowed to continue such
attendance. The provisions of subdivision one of this section shall
apply to such child as though such child was in attendance at an
out-of-state educational facility.

4. The school district of which such a child is a resident at the time
of admission to such an educational facility shall be required to
reimburse the state on account of any expenditure made by the state for
such child pursuant to subdivision one or three of this section. For the
school year commencing July first, nineteen hundred seventy-seven and
continuing through the nineteen hundred eighty-eight -- eighty-nine
school year, such reimbursement shall be an amount equal to the school
district basic contribution defined in subdivision eight of section
forty-four hundred one of this article. After the close of the school
year for which such reimbursement is due, the comptroller may deduct
from any state funds which become due to a school district an amount
equal to the reimbursement required to be made by such school district
in accordance with this subdivision, and the amount so deducted shall
not be included in the operating expense of such district for the
purposes of computing the apportionment for operating expense pursuant
to subdivision eleven of section thirty-six hundred two of this chapter.

5. The commissioner shall prescribe the form for the contracts between
the school districts and the educational facilities which contracts
shall include a unified statewide payment schedule. For the nineteen
hundred eighty-nine--ninety school year, such contracts shall be deemed
to be in effect as of July first, nineteen hundred eighty-nine.