§ 4001. Definitions. As used in this article, the following terms\nshall be defined as follows:\n 1. "Authorized agency" shall have the meaning defined in section three\nhundred seventy-one of the social services law.\n 2. "Child care institution" shall mean any facility serving thirteen\nor more children licensed by the department of social services pursuant\nto title one of article seven of the social services law operated by an\nauthorized agency, or a residential treatment facility for children and\nyouth, whether or not such residential treatment facility is operated by\nan authorized agency, except that Blythedale Children's Hospital shall\nbe a child care institution. This definition shall not include any\nfacility operated by a state agency or department other than the office\n
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§ 4001. Definitions. As used in this article, the following terms\nshall be defined as follows:\n 1. "Authorized agency" shall have the meaning defined in section three\nhundred seventy-one of the social services law.\n 2. "Child care institution" shall mean any facility serving thirteen\nor more children licensed by the department of social services pursuant\nto title one of article seven of the social services law operated by an\nauthorized agency, or a residential treatment facility for children and\nyouth, whether or not such residential treatment facility is operated by\nan authorized agency, except that Blythedale Children's Hospital shall\nbe a child care institution. This definition shall not include any\nfacility operated by a state agency or department other than the office\nof mental health. It shall not include group homes or urban homes\noperated by or contracted for by the division for youth.\n 3. "County" shall mean the county executive, or if there is none, the\nchairman of the county legislative body of the county which is\nresponsible for a child in a child care institution or a private school,\nexcept within the city of New York, in which case county shall mean the\nmayor of said city.\n 4. "Child with a handicapping condition" shall mean a person between\nthe ages of five and twenty-one who has been identified through\nappropriate evaluation and assessment as having a disability arising\nfrom cognitive, emotional or physical factors, or any combination\nthereof, which interferes with the child's ability to benefit from\nregular education.\n 5. "Maintenance" shall mean the amount charged for room and board,\nresidential care and medical expenses, including those expenses\nreimbursable pursuant to title nineteen of the federal social security\nact, defined in accordance with the regulations of the commissioner of\nsocial services for a child care institution pursuant to section three\nhundred ninety-eight-a of the social services law. Maintenance shall not\ninclude expenses which are otherwise reimbursable to a residential\nfacility by a federal, state or local agency, shall be approved by the\nstate commissioner of social services and the director of the budget and\nshall not be otherwise payable or reimbursable.\n 6. "Public agency" shall mean the family court, the division for youth\nor the local social services district.\n 7. "Residential treatment facility for children and youth" shall have\nthe meaning defined in section 1.03 of the mental hygiene law. Such\nfacilities may be operated by an authorized agency, subject to the\nregulation of the office of mental health.\n 8. "Special act school district" shall mean those school districts\nenumerated in chapter five hundred sixty-six of the laws of nineteen\nhundred sixty-seven as amended.\n 9. "Tuition" shall mean the per pupil cost of all instructional\nservices, supplies and equipment, and the operation of instructional\nfacilities as determined by the commissioner. Approved tuition shall be\ncomputed from expenditures for which no revenue has been received from\nthe following sources:\n a. Receipts from the federal government;\n b. Any cash receipts which reduce the cost of an item applied against\nthe item therefor, except gifts, donations and earned interest; and\n c. Any refunds made or any apportionment or payment received from the\nstate for experimental or special programs as approved by the\ncommissioner.\n 10. "School district of origin" shall mean the public school district\nof which a child was or is a resident at the time of such child's\nplacement in the care and custody of a public agency.\n 11. "School district of residence" shall mean the public school\ndistrict in which the child was or is living at the time a public agency\nis considering placement of the child in a child care institution, or at\nthe time a child is placed with the division for youth.\n 12. "Written recommendation" shall mean the information required to be\nprovided by a school district to a public agency pursuant to section\nforty hundred five of this article, which shall be developed as\nspecified by the regulations of the commissioner.\n