§ 4002 — Educational services

§ 4002. Educational services. 1. Each child between the ages of five\nand twenty-one who resides in a child care institution and who has not\nyet graduated from high school shall be entitled to receive a free and\nappropriate education in the least restrictive environment for that\nchild.\n 2. Each child shall be provided suitable educational services in the\nleast restrictive environment which can be provided by one of the day\nprograms listed below. The need of the individual child shall determine\nthe program that shall be offered. Such programs are as follows:\n a. The program of the public schools, as defined by section forty-four\nhundred one of this chapter, where such child care institution is\nlocated or a neighboring public school program.\n b. The program of the board of cooperative educational services\nserving the area in which the institution is located. Boards of\ncooperative educational services are hereby authorized to provide such\nservices on the same basis as such services are provided to children\nresiding in component districts of such boards.\n c. A special act school district.\n d. An approved private school operated by such institution, or a\nprivate non-residential school approved by the state education\ndepartment. Children who receive care in a residential treatment\nfacility for children and youth which is operated by an authorized\nagency may be placed in a private school operated by such residential\ntreatment facility or in a private school operated by the authorized\nagency.\n e. Appointment by the commissioner to a state or state-supported\nschool in accordance with article eighty-five, eighty-seven or\neighty-eight of this chapter.\n f. Contracts with the state university at Binghamton for\nnon-residential special services or programs at the children's unit for\ntreatment and evaluation which have been approved by the commissioner.\n * g. Related services which shall in appropriate cases be provided or\nassured to students with disabilities and which shall include audiology,\ncounseling including rehabilitation counseling services, occupational\ntherapy, parent counseling and training, school health services, school\nnurse services, school social work, physical therapy, speech pathology,\nmedical services as defined in regulations, psychological services,\norientation and mobility services, assistive technology service as\ndefined under federal law, interpreting services, other appropriate\ndevelopmental, corrective or other support services, and appropriate\naccess to recreation, as such terms are defined by regulations of the\ncommissioner and approved by the director of the budget. Such term does\nnot include a medical device that is surgically implanted, the\noptimization of that device's functioning (e.g., mapping), maintenance\nof that device, or the replacement of such device.\n * NB Effective until June 30, 2027\n * g. Related services which shall in appropriate cases be provided or\nassured to students with disabilities and which shall include audiology,\ncounseling including rehabilitation counseling services, occupational\ntherapy, parent counseling and training, school health services, school\nsocial work, physical therapy, speech pathology, medical services as\ndefined in regulations, psychological services, orientation and mobility\nservices, assistive technology service as defined under federal law,\nother appropriate developmental, corrective or other support services,\nand appropriate access to recreation, as such terms are defined by\nregulations of the commissioner and approved by the director of the\nbudget.\n * NB Effective June 30, 2027\n h. Hospital instruction, which shall be provided as specified in the\nregulations of the commissioner.\n i. Other programs approved by the commissioner.\n 3. Each child care institution maintaining a school shall appoint a\ncommittee on special education of the same composition as required of\npublic schools by section forty-four hundred two of this chapter. Such\ncommittee shall have responsibility for evaluating each pupil suspected\nof having a handicapping condition who has been placed in the care of a\nchild care institution by a public agency and each child placed in a\nresidential treatment facility for children and youth, and placing such\nchildren in an appropriate special education program as provided in\nsection forty hundred five of this article. Such committee shall follow\nthe procedures contained in section forty-four hundred two of this\nchapter. A residential treatment facility for children and youth which\nis operated by an authorized agency may share the services of a\ncommittee on special education established pursuant to this subdivision\nor other provisions of law.\n