This text of New York § 4004 (Financial responsibility) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 4004. Financial responsibility.
1.Tuition expenses for a child\nplaced by a school district in a special act school district or in a\nprivate school operated by a child care institution pursuant to this\narticle shall be the responsibility of such school district pursuant to\nsection forty-four hundred five of this chapter.\n 2.
a.Any tuition expenses for an educational program approved by the\neducation department for the purposes of this article, incurred pursuant\nto section four thousand two of this article, for a child who is a\nresident of this state placed in a child care institution by a social\nservices district, the division for youth, or family court for a full\nyear program of instruction pursuant to section four thousand three of\nthis article, or for a child who is a r
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§ 4004. Financial responsibility. 1. Tuition expenses for a child\nplaced by a school district in a special act school district or in a\nprivate school operated by a child care institution pursuant to this\narticle shall be the responsibility of such school district pursuant to\nsection forty-four hundred five of this chapter.\n 2. a. Any tuition expenses for an educational program approved by the\neducation department for the purposes of this article, incurred pursuant\nto section four thousand two of this article, for a child who is a\nresident of this state placed in a child care institution by a social\nservices district, the division for youth, or family court for a full\nyear program of instruction pursuant to section four thousand three of\nthis article, or for a child who is a resident of this state receiving\ncare in a residential treatment facility for children and youth and who\nwas placed in such a facility by a social services district, the\ndivision for youth or the family court, shall be borne by the local\nsocial services district financially responsible for such child and\ntuition expenses for a child who is a resident of this state receiving\ncare in a residential treatment facility for children and youth and who\nwas not placed in such a facility by a school district, social services\ndistrict, the division for youth or the family court shall be borne by\nthe office of mental health, except that no public funding shall be made\navailable for any child receiving care in a residential treatment\nfacility for children and youth whose admission did not conform with the\nprovisions of section 9.51 of the mental hygiene law. Tuition expenses\nfor children admitted to Blythedale Children's Hospital on an inpatient\nbasis shall be the responsibility of the social services district in\nwhich the child resided at the time of admission to such hospital. The\nschool district in which the child resided at the time a social services\ndistrict or the division for youth assumed responsibility for the\nsupport and maintenance of the child, or was admitted to Blythedale\nChildren's Hospital, or the child was admitted to a residential\ntreatment facility for children and youth shall reimburse the state\ntowards the state's expenditure on behalf of such child for each child\ndetermined to be handicapped by the committee on special education of\nthe school district of residence pursuant to section four thousand five\nof this article. The amount of such reimbursement shall be equal to the\nschool district basic contribution as defined in subdivision eight of\nsection forty-four hundred one of this chapter.\n b. The comptroller shall deduct from any state funds which become due\nto a public school district other than a special act school district an\namount equal to the reimbursements required to be made to the state in\naccordance with this section upon certification by the commissioner of\neducation of the monies due.\n c. The state commissioner of social services shall notify the\ncommissioner of education at least every six months commencing September\nfirst, nineteen hundred eighty-one of the name of each child for whom a\nlocal social services commissioner has paid tuition during the preceding\nsix month period, the name of the school to which such tuition has been\npaid, and the school district in which such child resided at the time of\nentrance to care and whether such child has been determined to be\nhandicapped.\n 3. In the event of the failure of the social services district to make\npayment for tuition pursuant to the provisions of this section, the\nstate comptroller shall withhold state reimbursement to any such social\nservices district in an amount equal to the unpaid obligation for\ntuition and pay over such sum to the child care institution or special\nact school district upon certification of the state commissioner of\nsocial services. The state commissioner of social services shall\npromulgate regulations to implement the provisions of this subdivision.\n 4. Nothing in this article shall be construed to deny or limit access\nto a free and appropriate education for a handicapped child pursuant to\nthe federal education of the handicapped act, as amended and the\nregulations promulgated thereunder.\n 5. The board of education of a special act school district shall be\nauthorized to establish a fiscal stabilization reserve fund. There may\nbe paid into such fund an amount as may be provided pursuant to the\nrequirements of paragraph k of subdivision four of section forty-four\nhundred five of this title.\n