§ 33.11 Education for children with mental disabilities.

The office of mental health and the office for people with
developmental 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 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 education 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.