§ 4401. Definitions. As referred to in this article. * 1. A "child\nwith a disability" or "student with a disability" means a person under\nthe age of twenty-one who is entitled to attend public schools pursuant\nto section thirty-two hundred two of this chapter and who, because of\nmental, physical or emotional reasons can only receive appropriate\neducational opportunities from a program of special education. Such term\ndoes not include a child whose educational needs are due primarily to\nunfamiliarity with the English language, environmental, cultural or\neconomic factors. Lack of appropriate instruction in reading, including\nin the essential components of reading instruction as defined in\nsubsection three of section twelve hundred eight of the elementary and\nsecondary education a
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§ 4401. Definitions. As referred to in this article. * 1. A "child\nwith a disability" or "student with a disability" means a person under\nthe age of twenty-one who is entitled to attend public schools pursuant\nto section thirty-two hundred two of this chapter and who, because of\nmental, physical or emotional reasons can only receive appropriate\neducational opportunities from a program of special education. Such term\ndoes not include a child whose educational needs are due primarily to\nunfamiliarity with the English language, environmental, cultural or\neconomic factors. Lack of appropriate instruction in reading, including\nin the essential components of reading instruction as defined in\nsubsection three of section twelve hundred eight of the elementary and\nsecondary education act of nineteen hundred sixty-five, or lack of\nappropriate instruction in mathematics or limited English proficiency\nshall not be the determinant factor in identifying a student as a\nstudent with a disability. "Special education" means specially designed\ninstruction which includes special services or programs as delineated in\nsubdivision two of this section, and transportation, provided at no cost\nto the parents to meet the unique needs of a child with a disability. A\n"child with a handicapping condition" means a child with a disability.\n * NB Effective until June 30, 2027\n * 1. A "child with a disability" or "student with a disability" means\na person under the age of twenty-one who is entitled to attend public\nschools pursuant to section thirty-two hundred two of this chapter and\nwho, because of mental, physical or emotional reasons can only receive\nappropriate educational opportunities from a program of special\neducation. Such term does not include a child whose educational needs\nare due primarily to unfamiliarity with the English language,\nenvironmental, cultural or economic factors. Lack of instruction in\nreading or mathematics or limited English proficiency shall not be the\ndeterminant factor in identifying a student as a student with a\ndisability. "Special education" means specially designed instruction\nwhich includes special services or programs as delineated in subdivision\ntwo of this section, and transportation, provided at no cost to the\nparents to meet the unique needs of a child with a disability. A "child\nwith a handicapping condition" means a child with a disability.\n * NB Effective June 30, 2027\n 2. "Special services or programs". For purposes of this article,\nspecial services or programs shall mean the following:\n a. Special classes, transitional support services, resource rooms,\ndirect and indirect consultant teacher services, transition services as\ndefined in subdivision nine of this section, assistive technology\ndevices as defined under federal law, travel training, home instruction,\nand special teachers to include itinerant teachers as provided by the\nschools of the district of residence with such terms and services to be\ndefined by regulations of the commissioner.\n b. Contracts with other districts for special services or programs.\n c. Contracts with or special services or programs provided by boards\nof cooperative educational services.\n d. Appointment by the commissioner to a state school in accordance\nwith article eighty-seven or eighty-eight of this chapter or a\nstate-supported school in accordance with article eighty-five of this\nchapter.\n e. Contracts with private non-residential schools which have been\napproved by the commissioner and which are within the state for special\nservices or programs.\n f. Contracts with private non-residential schools which have been\napproved by the commissioner and which are outside of the state for\nspecial services or programs.\n g. Contracts with private residential schools which have been approved\nby the commissioner and which are within the state for special services\nor programs.\n h. Contracts with private residential schools which have been approved\nby the commissioner and which are outside the state for special services\nor programs.\n i. 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 j. Provision of educational services in a residential facility for the\ncare and treatment of students with disabilities under the jurisdiction\nof a state agency other than the department.\n * k. Related services which shall in appropriate cases be furnished to\nstudents with disabilities shall include audiology, counseling including\nrehabilitation counseling services, occupational therapy, physical\ntherapy, speech pathology, medical services as defined by regulations of\nthe commissioner, psychological services, school health services, school\nnurse services, school social work, assistive technology services as\ndefined under federal law, interpreting services, orientation and\nmobility services, parent counseling and training and other appropriate\ndevelopmental, corrective or other support services and appropriate\naccess to recreation. Such term does not include a medical device that\nis surgically implanted, the optimization of that device's functioning\n(e.g., mapping), maintenance of that device, or the replacement of such\ndevice.\n * NB Effective until June 30, 2027\n * k. Related services which shall in appropriate cases be furnished to\nstudents with disabilities shall include audiology, counseling including\nrehabilitation counseling services, occupational therapy, physical\ntherapy, speech pathology, medical services as defined by regulations of\nthe commissioner, psychological services, school health services, school\nsocial work, assistive technology services as defined under federal law,\norientation and mobility services, parent counseling and training and\nother appropriate developmental, corrective or other support services\nand appropriate access to recreation.\n * NB Effective June 30, 2027\n l. Contracts for residential or nonresidential placements with a\nspecial act school district listed in chapter five hundred sixty-six of\nthe laws of nineteen hundred sixty-seven.\n m. Provision of nonresidential education services in Fairmount\nchildren's center, which facility has been approved by the commissioner\nfor the education of students with disabilities. Students placed under\nthe provisions of this paragraph shall not be eligible for state aid\nunder the provisions of sections thirty-six hundred two and thirty-six\nhundred two-c of this chapter.\n n. Formalized agreements for the provision of transition services as\ndefined in subdivision nine of this section in programs such as\nvocational training programs approved by the department or by another\nstate agency. Nothing in this article shall be construed to relieve\nanother agency of responsibility to provide or pay for any transition\nservice that the agency would otherwise provide to students with\ndisabilities who meet the eligibility criteria of that agency.\n 3. "Maintenance". For purposes of this article "maintenance" shall\nmean the amount charged for room and board and allocable debt service as\ndetermined by the commissioner for the living unit of the residential\nfacility by a residential school and such reasonable medical expenses\nactually and necessarily incurred by a child with disabilities while\nactually in attendance at a residential school, provided that such\nmedical expenses shall be for diagnostic, evaluative, educationally\nrelated, and emergency care services as defined by regulations of the\ncommissioner. Such amount, which shall not include expenses which are\notherwise reimbursable to a residential facility by a federal, state or\nlocal agency, shall be approved by the commissioner of social services\nand the director of the division of the budget and shall not be\notherwise payable or reimbursable.\n 4. "Transportation expense." For the purposes of determining\ntransportation aid pursuant to this article, "transportation expense"\nshall mean any cost incurred by the school district for the\ntransportation of a child with disabilities pursuant to the provisions\nof subdivision four of section forty-four hundred two of this article,\nnotwithstanding any minimum or maximum aidable limits established by\nother provisions of the education law or pursuant to regulations of the\ncommissioner or school district, allowed pursuant to the applicable\nprovisions of parts two and three of article seventy-three of this\nchapter, provided, however, that such transportation shall not be in\nexcess of fifty miles from the home of such pupil to the appropriate\nspecial service or program unless the commissioner shall certify that no\nappropriate non-residential special service or program is available\nwithin such fifty miles, and that the commissioner may establish by\nregulation a maximum number of trips between a pupil's home and the\nprivate residential school which provides special services or programs\nto such pupil. Such cost shall include the cost of joint or regional\ntransportation provided by school districts or boards of cooperative\neducational services for such purposes and subject to the same limits.\n 5. "Tuition" shall mean the per pupil cost of all instructional\nservices, supplies and equipment, the operation of instructional\nfacilities and allocable debt service for the instructional facilities,\nas determined by the commissioner. Approved tuition shall be computed\nfrom expenditures from which no revenue has been received from the\nfollowing 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 6. "Excess cost" shall mean the difference between the tuition and the\nsum of the following:\n a. the school district basic contribution as defined in subdivision\neight of this section; and\n b. the amount of federal funds received by the school district and\nexpended for such pupil which in the judgment of the commissioner shall\nbe deemed duplicative.\n 7. "Excess cost aid ratio" for a school district shall be computed by\nsubtracting from one the product obtained by multiplying fifteen per\ncentum by the combined wealth ratio as defined in section thirty-six\nhundred two of this chapter. This aid ratio shall be expressed as a\ndecimal carried to three places without rounding, but shall not be less\nthan fifty hundredths, nor more than one.\n 8. "School district basic contribution" shall mean an amount equal to\nthe total school district local property and non-property tax levy for\nthe base year divided by the base year public school district enrollment\nof resident pupils of the school district as defined in paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter,\nexcept that for the two thousand thirteen--two thousand fourteen and two\nthousand fourteen--two thousand fifteen school year and thereafter, for\nschool districts other than central high school districts and their\ncomponents, such tax levy for the base year shall be divided by the year\nprior to the base year pupil count as determined by the commissioner\npursuant to paragraph f of subdivision two of section thirty-six hundred\ntwo of this chapter for any school district in which such year prior to\nthe base year pupil count exceeds one hundred fifty percent of such base\nyear public school district enrollment of resident pupils.\n * 9. "Transition services" shall mean a coordinated set of activities\nfor a student with a disability, designed to be within a\nresults-oriented process, that is focused on improving the academic and\nfunctional achievement of the student with a disability to facilitate\nmovement from school to post-school activities, including post-secondary\neducation, vocational education, integrated employment (including\nsupported employment), continuing and adult education, adult services,\nindependent living, or community participation. The coordinated set of\nactivities shall be based upon the student's strengths, preferences and\ninterests, and shall include instruction, related services, community\nexperiences, the development of employment and other post-school adult\nliving objectives, and, if appropriate, acquisition of daily living\nskills and provision of a functional vocational evaluation.\n * NB Effective until June 30, 2027\n * 9. "Transition services" shall mean a coordinated set of activities\nfor a student with a disability, designed within an outcome-oriented\nprocess, which promotes movement from school to post-school activities,\nincluding post-secondary education, vocational training, integrated\ncompetitive employment (including supported employment), continuing and\nadult education, adult services, independent living, or community\nparticipation. The coordinated set of activities shall be based upon the\nindividual student's needs, taking into account the student's\npreferences and interests, and shall include instruction, related\nservices, community experiences, the development of employment and other\npost-school adult living objectives, and, if appropriate, acquisition of\ndaily living skills and functional vocational evaluation.\n * NB Effective June 30, 2027\n 10. Notwithstanding any inconsistent provisions of this article, where\na private not-for-profit school enters into a lease, sublease or other\nagreement with the dormitory authority pursuant to section sixteen\nhundred eighty of the public authorities law, the tuition rates\nestablished by the commissioner pursuant to this section shall be\nestablished in two parts, one part of which shall be the cost per child\nof the annual rental payment pursuant to such lease, sublease or other\nagreement to be paid by the school district or the social services\ndistrict, as the case may be, to the fund established by this chapter;\nthe remaining part shall be the tuition amount to be paid to the private\nnot-for-profit school.\n 11. Notwithstanding any inconsistent provisions of this article, where\nthe special act school district enters into a lease, sublease or other\nagreement with the dormitory authority pursuant to section four hundred\nseven-a of this chapter, the tuition rates established by the\ncommissioner pursuant to this section shall be established in two parts,\none part of which shall be the cost per child of the annual rental\npayment pursuant to such section four hundred seven-a of this chapter to\nbe paid by the school district or the social services district, as the\ncase may be, to the fund established in such section; the remaining part\nshall be the tuition amount to be paid to the special act school\ndistrict.\n