§ 4406 — Procedures through the family court; cost of certain educational services

§ 4406. Procedures through the family court; cost of certain\neducational services. 1. When the family court pursuant to section two\nhundred thirty-six of the family court act shall issue an order to\nprovide for educational services, including transportation, tuition or\nmaintenance of such children with disabilities, the commissioner, if he\napproves such order, shall issue a certificate to such effect in\nduplicate, one of which shall be filed with the clerk of the board of\nsupervisors or other governing elective body of the county or chief\nfiscal officer of the city of New York and one in the office of the\ncommissioner. Refusal of the commissioner to approve such order may be\nreviewed only in accordance with the provisions of article seventy-eight\nof the civil practice law and rules.\n 2. One-half of the cost of providing such services, as provided in\nsubdivision one of this section, as certified by the commissioner, is\nhereby made a charge against the county or the city of New York in which\nany such child with disabilities resides, and the remaining one-half of\nthe cost thereof shall be paid by the state out of moneys appropriated\ntherefor. All claims for services rendered and for supplies furnished\nand for other expenses incurred in providing such services, shall be\npaid in the first instance by the board of supervisors or other\ngoverning elective body of the county or chief fiscal officer of the\ncity of New York in which such child with disabilities resides, upon\nvouchers presented and audited in the same manner as in the case of\nother claims against the county or the city of New York.\n 3. The legislature shall appropriate an amount sufficient to pay\none-half of the claims paid by a county or the city of New York for the\npurposes and in the manner herein specified. The clerk of the board of\nsupervisors or other governing elective body of each county or chief\nfiscal officer of the city of New York which has paid claims as provided\nherein shall, not more than once in each month, transmit to the\ncommissioner of education a certified statement in the form prescribed\nby him, stating the amount expended for the purposes specified herein,\nthe date of each expenditure, and the purpose for which it was made.\nUpon the receipt of such certified statement the commissioner of\neducation shall examine the same, and if such expenditures were made as\nrequired by law he shall approve it and transmit it to the comptroller\nfor audit. The comptroller shall thereupon issue his warrant in the\namount specified in such approved statement for the payment thereof out\nof moneys appropriated therefor to the county treasurer of the county or\nchief fiscal officer of the city of New York by which such payments were\nmade.\n 4. The commissioner is hereby authorized after consultation with an\nadvisory task force to be appointed by the commissioner, appropriately\nrepresentative of consumers and providers of such services, to establish\nprogram and expenditure guidelines and standards for the provision of\nspecial services or programs as defined in section forty-four hundred\none of this article for children with disabilities who are under the age\nof five and are not entitled to attend public schools without the\npayment of tuition pursuant to section thirty-two hundred two of this\nchapter.\n 5. a. Each county and the city of New York may perform a fiscal audit\nof such services or programs within their respective county or city\nordered by the family court pursuant to section two hundred thirty-six\nof the family court act for preschool age children with disabilities.\n b. Payments made pursuant to this section by the county or the city of\nNew York shall, upon the conclusion of the July first to June thirtieth\nschool year for which such payment was made, be subject to audit against\nthe actual difference between such audited expenditures and revenues.\nAny overpayments made shall be refunded to such county or city or such\ncounty or city shall withhold the amount of such overpayment from any\nother payments due to the claimant and shall report such overpayments to\nthe commissioner.\n 6. Notwithstanding any other provision of law to the contrary, no\npayments shall be made by the commissioner pursuant to this section on\nor after July first, two thousand based on a claim for services\nrendered, provided however, that no payment shall be barred or reduced\nwhere such payment is required as a result of a court order or judgment\nissued on or after July first, two thousand or a final audit.\n