§ 4005 — Placement and evaluation of children

§ 4005. Placement and evaluation of children. 1. a. Children placed by\nthe family court. When the placement of a child is being considered by\nthe family court pursuant to section 353.3, seven hundred fifty-six or\none thousand fifty-five of the family court act and such child is\nthought to have a handicapping condition and may be placed in a child\ncare institution, the family court judge or the probation department\nshall request the school district of residence to provide that the\ncommittee on special education of such district evaluate such child and\nmake written recommendations for appropriate educational services and to\nforward a written evaluation and recommendation within forty-two days of\nsuch request. Such information shall be used to determine the most\nappropriate placement for the child, and if the family court places the\nchild in the custody of a social services district, it shall transmit\nsuch information to such district. If the committee on special education\ndetermines that the child does not have a handicapping condition, it\nshall notify the family court of such determination within forty-two\ndays. If the committee on special education fails to make a\nrecommendation pursuant to the provisions of this paragraph, the family\ncourt shall obtain such information from the school district pursuant to\nsection two hundred fifty-five of the family court act.\n b. Children placed by a local social services district. When a local\nsocial services district is considering the placement of a child thought\nto have a handicapping condition in a child care institution, the social\nservices district shall request the school district of residence to\nprovide that the committee on special education of such district\nevaluate such child and make written recommendations for appropriate\neducational services within forty-two days, except where such\ninformation has been obtained by the family court. Such information\nshall be used to determine the most appropriate placement for the child.\nIf the committee on special education determines that the child does not\nhave a handicapping condition, it shall notify the social services\ndistrict of such determination within forty-two days.\n c. Children placed by the division for youth. (i) Any educational\ninformation obtained by the family court pursuant to this section shall\nbe transmitted to the division for youth pursuant to section five\nhundred seven-b of the executive law. The division shall use such\ninformation to determine the most appropriate placement for the child.\n (ii) When the division for youth is considering the placement of a\nchild thought to have a handicapping condition in a child care\ninstitution, pursuant to article nineteen-G of the executive law, the\ndivision shall request the school district of residence to provide that\nthe committee on special education of such district evaluate such child\nand make written recommendations for appropriate educational services\nwithin forty-two days. Such information shall be used to determine the\nmost appropriate placement for the child. If the committee on special\neducation determines that the child does not have a handicapping\ncondition, it shall notify the division of such determination within\nforty-two days.\n d. Children placed in residential treatment facilities for children\nand youth. When a pre-admission certification committee established\npursuant to section 9.51 of the mental hygiene law is considering the\nplacement of a child who has not previously been placed in a child care\ninstitution by a public agency in a residential treatment facility for\nchildren and youth and such child is thought to have a handicapping\ncondition, the committee shall request the school district of residence\nto provide that the committee on special education of such district\nevaluate such child and make written recommendations for appropriate\neducational services and to forward a written evaluation and\nrecommendation within forty-two days of such request. Notwithstanding\nthe definition set forth in subdivision eleven of section forty hundred\none of this article, if a child being considered for initial placement\nin a residential treatment facility is a patient in a hospital operated\nor licensed by the office of mental health, the school district of\nresidence shall be the school district of residence at the time he or\nshe entered the hospital. Such information shall be used to determine\nthe most appropriate placement for the child. If the committee on\nspecial education determines that the child does not have a handicapping\ncondition, it shall notify the pre-admission certification committee and\nthe operator of a residential treatment facility for children and youth\nwhich has admitted the child for care and treatment of such\ndetermination within forty-two days.\n e. Any information obtained from a committee on special education\npursuant to this section shall be considered confidential in accordance\nwith regulations of the commissioner and shall be forwarded by the local\nsocial services district, the division for youth or the appropriate\npre-admission certification committee established pursuant to section\n9.51 of the mental hygiene law to the child care institution or other\nfacility in which the child is placed.\n f. For the purposes of this section, an emergency placement shall mean\na child who must be placed in a child care institution to protect the\nhealth and welfare of the child or his family within thirty days of the\npresentation of the child to the family court or a local social services\ndistrict. Children in an emergency placement shall not be exempted from\nthe requirements of paragraphs a and b of this subdivision, except that\nthe required educational evaluation shall be performed and\nrecommendations made subsequent to the emergency placement but in no\ncase later than forty-two days after such placement.\n 2. a. Upon the placement of a child who is at least five years of age\nin a child care institution that operates a private school or in a\nspecial act school district, by a public agency, or in a residential\ntreatment facility for children and youth which, independently or as\npart of an authorized agency, operates a private school or a special act\nschool district, the committee on special education of the private\nschool or the special act district shall follow the procedures contained\nin section forty-four hundred two of this chapter including the\ninvolvement of the parents or guardians of the child and shall:\n (i) consider and review the evaluation performed by the committee on\nspecial education of the school district of residence.\n (ii) prepare an individualized education program for each child who\nhas been determined to be handicapped which takes into account\nrecommendations made by the committee on special education of the school\ndistrict of residence.\n (iii) place the child in the most appropriate program specified in\nsubdivision two of section forty hundred two of this article. The\ncommittee shall review at least annually and prepare a written report\nconcerning the status of each child with a handicapping condition under\nits jurisdiction which shall include a determination whether a child's\neducational program should be continued, modified or terminated.\n (iv) forward to the social services district or the division for youth\nthe individualized education program and in each year forward an annual\nreport for each child, as specified in this paragraph. The social\nservices district, the division for youth or the operator of a\nresidential treatment facility for children and youth which is not\noperated by an authorized agency, as the case may be, shall transmit a\ncopy of such documents to the parents or guardians of the child and to\nthe committee on special education of the school district of origin and\nshall forward a copy of the evaluation performed by the committee on\nspecial education of the school district of residence to the parents or\nguardians of the child.\n * b. If the individual educational evaluation, individualized\neducation program, educational placement decision, or the annual report\nfor the child or any other matter relating to the provision of a free\nappropriate public education to the student is not acceptable to the\nparents or persons in parental relation to the student, an impartial\nhearing may be initiated by such parties pursuant to section forty-four\nhundred four of this title and mediation shall be made available\npursuant to section forty-four hundred four-a of this title.\n * NB Effective until June 30, 2027\n * b. If the educational evaluation, educational placement decision or\nthe annual report for the child is not acceptable to the parents or\nguardians of the child, the child, or the social services district or\nthe division for youth, appeals may be made by such parties pursuant to\nsection forty-four hundred four of this chapter.\n * NB Effective June 30, 2027\n * c. A child care institution or the social services district or the\ndivision for youth may request a review by the board of education of the\nschool district of residence of the fact that a child has been\ndetermined not to be handicapped by the committee on special education\nof such district. An appeal to the commissioner will lie from any\ndetermination of the board of education.\n * NB Effective June 30, 2027\n 3. In the event that it has been determined by a private school\noperated by a child care institution or a special act school district,\nsubject to any review or modification provided for in this article, that\na child should receive educational services in a public school, other\nthan a special act school district, or board of cooperative educational\nservices program or if a child resides in a child care institution that\ndoes not maintain an approved private school program or special act\nschool district, then any such child residing in a child care\ninstitution shall be admitted to the school district in which the child\ncare institution is located pursuant to regulations of the commissioner.\nFor the purposes of this subdivision a special act school district shall\nnot be considered to be the school district in which such institution is\nlocated.\n 4. During the pendency of any proceeding concerning any individual\nchild described above, the child care institution or special act school\ndistrict shall continue to be reimbursed by the social services district\nfor the approved cost of the current educational placement of the child,\nincluding the transportation of such child to and from any interview\nrequired by the committee on special education of the child's school\ndistrict of residence where an evaluation must be performed subsequent\nto the placement of a child pursuant to this section or any costs of an\nindependent evaluation deemed necessary by such committee.\n 5. Nothing in this section shall be deemed to affect the placement or\nremoval of a child from a child care institution by a public agency or\nthe admission or discharge of children to and from Blythedale Children's\nHospital.\n