§ 4407. Special provisions relating to instruction of certain children\nwith disabilities.
1.When it shall appear to the satisfaction of the\ndepartment that a child with a disability is not receiving instruction\nbecause there are no appropriate public or private facilities for\ninstruction of such a child within this state because of the unusual\ntype of the disability or combination of disabilities as certified by\nthe commissioner, the school district of which each such pupil is a\nresident is authorized to contract with an educational facility located\noutside the state, which, in the judgment of the department, can meet\nthe needs of such child for instruction. Contracts, rates, payments and\nreimbursements pursuant to this section shall be in accordance with\nsection forty-four h
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§ 4407. Special provisions relating to instruction of certain children\nwith disabilities. 1. When it shall appear to the satisfaction of the\ndepartment that a child with a disability is not receiving instruction\nbecause there are no appropriate public or private facilities for\ninstruction of such a child within this state because of the unusual\ntype of the disability or combination of disabilities as certified by\nthe commissioner, the school district of which each such pupil is a\nresident is authorized to contract with an educational facility located\noutside the state, which, in the judgment of the department, can meet\nthe needs of such child for instruction. Contracts, rates, payments and\nreimbursements pursuant to this section shall be in accordance with\nsection forty-four hundred five of this article.\n 2. The state education department shall maintain a register of such\neducational facilities which are outside of the state which, after\ninspection, it deems qualified to meet the needs of certain children for\ninstruction pursuant to subdivision one of this section.\n 3. Notwithstanding the location of the educational facility, if a\nchild meets the eligibility requirements of subdivision one of this\nsection and has, prior to July first, nineteen hundred seventy-six\nreceived support under this section of law by attending an educational\nfacility within the state, such child shall be allowed to continue such\nattendance. The provisions of subdivision one of this section shall\napply to such child as though such child was in attendance at an\nout-of-state educational facility.\n 4. The school district of which such a child is a resident at the time\nof admission to such an educational facility shall be required to\nreimburse the state on account of any expenditure made by the state for\nsuch child pursuant to subdivision one or three of this section. For the\nschool year commencing July first, nineteen hundred seventy-seven and\ncontinuing through the nineteen hundred eighty-eight -- eighty-nine\nschool year, such reimbursement shall be an amount equal to the school\ndistrict basic contribution defined in subdivision eight of section\nforty-four hundred one of this article. After the close of the school\nyear for which such reimbursement is due, the comptroller may deduct\nfrom any state funds which become due to a school district an amount\nequal to the reimbursement required to be made by such school district\nin accordance with this subdivision, and the amount so deducted shall\nnot be included in the operating expense of such district for the\npurposes of computing the apportionment for operating expense pursuant\nto subdivision eleven of section thirty-six hundred two of this chapter.\n 5. The commissioner shall prescribe the form for the contracts between\nthe school districts and the educational facilities which contracts\nshall include a unified statewide payment schedule. For the nineteen\nhundred eighty-nine--ninety school year, such contracts shall be deemed\nto be in effect as of July first, nineteen hundred eighty-nine.\n