§ 4410-A — Responsibility for certain temporary-resident preschool children with disabilities

§ 4410-a. Responsibility for certain temporary-resident preschool\nchildren with disabilities. 1. Definitions. For the purpose of this\nsection, the following definitions shall apply:\n a. "Foster care child" shall mean a child placed in foster care by a\nsocial services district.\n b. "Homeless child" shall mean a homeless child as defined in\nparagraph a of subdivision one of section thirty-two hundred nine of\nthis chapter.\n c. "Municipality" shall mean a county outside the city of New York or\nthe city, in the case of a county in the city of New York.\n d. "Municipality of current location" shall mean a municipality in\nwhich a child lives which is different from the municipality in which a\nchild or such child's family lived at the time a social services\ndistrict assumed responsibility for the placement of such child or\nfamily, or at the time such child was admitted for care and/or treatment\nin a facility licensed or operated by another state agency.\n e. "Municipality of residence" shall mean the municipality in which a\nchild or such child's family lived at the time the local social services\ndistrict assumed responsibility for the placement of such child or\nfamily, or at the time such child was admitted for care and/or treatment\nin a facility licensed or operated by another state agency.\n f. "Preschool child with a disability" shall mean a child eligible for\nservices pursuant to section forty-four hundred ten of this chapter.\n g. "School district of current location" shall mean a school district\nin which a child lives which is different from the school district in\nwhich a child or such child's family lived at the time a social services\ndistrict assumed responsibility for the placement of such child or\nfamily, or at the time such child was admitted for care and/or treatment\nin a facility licensed or operated by another state agency.\n h. "Child in residential care" shall mean a child residing in a\nfacility licensed or operated by another state agency as defined by\nsection 1.03 of the mental hygiene law or by section two of the public\nhealth law.\n 2. School district evaluation and placement responsibility. The school\ndistrict of current location of a foster care or homeless child or child\nin residential care shall be responsible for the evaluation and\nplacement procedures prescribed for a preschool child suspected of\nhaving a disability pursuant to section forty-four hundred ten of this\nchapter. In issuing its written notice of determination of services, the\nboard of education of such school district shall identify the\nmunicipality of residence of a preschool child with a disability who is\na foster care or homeless child or child in residential care. Such\nnotice of determination shall be transmitted to both the municipality of\nresidence and the municipality of current location.\n 3. Contract and payment responsibility. The municipality of current\nlocation shall be the municipality of record for a preschool child with\na disability who is a foster care or homeless child or child in\nresidential care for the purposes of section forty-four hundred ten of\nthis chapter provided, however, that, notwithstanding the provision of\nparagraph b of subdivision eleven of such section, the state shall\nreimburse one hundred percent of the approved costs paid by such\nmunicipality which shall be offset by the local contribution due\npursuant to subdivision four of this section.\n 4. Local contribution. The municipality of residence shall be\nfinancially responsible for the local contribution which shall equal\nthat portion of the approved costs of services to a foster care or\nhomeless child or child in residential care with a disability which\nwould not be reimbursed pursuant to the schedule set out in paragraph b\nof subdivision eleven of section forty-four hundred ten of this chapter.\nThe commissioner shall certify to the comptroller the amount of the\nlocal contribution owed by each municipality to the state. The\ncomptroller shall deduct the amount of such local contribution first\nfrom any moneys due the municipality pursuant to such section and then\nfrom any other moneys due or to become due such municipality.\n