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This entry was published on 2014-09-22
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SECTION 4410-A
Responsibility for certain temporary-resident preschool children with handicapping conditions
Education (EDN) CHAPTER 16, TITLE 6, ARTICLE 89
§ 4410-a. Responsibility for certain temporary-resident preschool
children with handicapping conditions. 1. Definitions. For the purpose
of this section, the following definitions shall apply:

a. "Foster care child" shall mean a child placed in foster care by a
social services district.

b. "Homeless child" shall mean a homeless child as defined in
paragraph a of subdivision one of section thirty-two hundred nine of
this chapter.

c. "Municipality" shall mean a county outside the city of New York or
the city, in the case of a county in the city of New York.

d. "Municipality of current location" shall mean a municipality in
which a child lives which is different from the municipality in which a
child or such child's family lived at the time a social services
district assumed responsibility for the placement of such child or
family, or at the time such child was admitted for care and/or treatment
in a facility licensed or operated by another state agency.

e. "Municipality of residence" shall mean the municipality in which a
child or such child's family lived at the time the local social services
district assumed responsibility for the placement of such child or
family, or at the time such child was admitted for care and/or treatment
in a facility licensed or operated by another state agency.

f. "Preschool child with a disability" shall mean a child eligible for
services pursuant to section forty-four hundred ten of this chapter. A
"preschool child with a handicapping condition" means a preschool child
with a disability.

g. "School district of current location" shall mean a school district
in which a child lives which is different from the school district in
which a child or such child's family lived at the time a social services
district assumed responsibility for the placement of such child or
family, or at the time such child was admitted for care and/or treatment
in a facility licensed or operated by another state agency.

h. "Child in residential care" shall mean a child residing in a
facility licensed or operated by another state agency as defined by
section 1.03 of the mental hygiene law or by section two of the public
health law.

2. School district evaluation and placement responsibility. The
school district of current location of a foster care or homeless child
or child in residential care shall be responsible for the evaluation and
placement procedures prescribed for a preschool child suspected of
having a handicapping condition 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 who is a foster care or homeless child or child in residential
care. Such notice of determination shall be transmitted to both the
municipality of residence and the municipality of current location.

3. Contract and payment responsibility. The municipality of current
location shall be the municipality of record for a preschool child with
a handicapping condition who is a foster care or homeless child or child
in residential care for the purposes of section forty-four hundred ten
of this chapter provided, however, that, notwithstanding the provision
of paragraph b of subdivision eleven of such section, the state shall
reimburse one hundred percent of the approved costs paid by such
municipality which shall be offset by the local contribution due
pursuant to subdivision four of this section.

4. Local contribution. The municipality of residence shall be
financially responsible for the local contribution which shall equal
that portion of the approved costs of services to a foster care or
homeless child or child in residential care with a handicapping
condition 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.