§ 236 — Powers of the family court with regard to certain handicapped children

New York § 236

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Medical Examinations and Treatment
• Art. 2: Administration, Medical Examinations, Attorneys For Children, Auxiliary Services

Text

§ 236. Powers of the family court with regard to certain handicapped\nchildren. 1. This section shall apply for: (a) services provided to\nchildren with handicapping conditions as defined in subdivision one of\nsection forty-four hundred one of the education law who were not\neligible, prior to September first, nineteen hundred eighty-six, for\neducational services during July and August pursuant to article\nseventy-three, eighty-five, eighty-seven, eighty-eight or eighty-nine of\nthe education law; (b) for services provided to children with\nhandicapping conditions who meet all the criteria of subdivision one of\nsection forty-four hundred one of the education law except that such\nchildren are under the age of five and are not entitled to attend public\nschools without the payment of tuition pursuant to section thirty-two\nhundred two of the education law and that such children are also not\neligible for educational services pursuant to article seventy-three,\neighty-five, eighty-seven, eighty-eight or eighty-nine of the education\nlaw; (c) for services provided to children with handicapping conditions\nwho meet all the criteria of subdivision one of section forty-four\nhundred one of the education law except that such children are five\nyears of age or under and: (i) are first eligible to attend public\nschool in the nineteen hundred eighty-seven--eighty-eight or the\nnineteen hundred eighty-eight--eighty-nine school year but are not\neligible for educational services pursuant to the education law during\nthe months of July and August, nineteen hundred eighty-seven or nineteen\nhundred eighty-eight, or (ii) are not eligible to commence a state\nappointment pursuant to article eighty-five, eighty-seven or\neighty-eight of the education law during the months of July and August;\n(d) for services provided during the nineteen hundred\neighty-nine--ninety school year, pursuant to the provisions of\nsubdivision six of section forty-four hundred ten of the education law;\n(e) for services provided prior to July first, nineteen hundred\nninety-one to children with handicapping conditions who met the criteria\nof subdivision one of section forty-four hundred one of the education\nlaw except that such children were three years of age or under and (i)\nwere not eligible for services pursuant to section forty-four hundred\nten of such law, or (ii) were not eligible for services through a state\nappointment pursuant to article eighty-five, eighty-seven or\neighty-eight of such law; and (f) for services provided on or after July\nfirst, nineteen hundred ninety-one to children with handicapping\nconditions who meet the criteria of subdivision one of section\nforty-four hundred one of the education law except that such children\nare three years of age or under and (i) are not eligible for services\npursuant to section forty-four hundred ten of such law, or who are first\neligible for services pursuant to such section whose parents or persons\nin parental relationship elect to have them continue to be eligible to\nreceive services pursuant to this section through August thirty-first of\nthe calendar year in which the child turns three or (ii) are not\neligible for services through a state appointment pursuant to article\neighty-five, eighty-seven or eighty-eight of such law. (f) for services\nprovided to children with handicapping conditions who meet the criteria\nof subdivision one of section forty-four hundred one of the education\nlaw and who, on or before June thirtieth, nineteen hundred ninety-three,\nare receiving services or who, as of July first, nineteen hundred\nninety-three, have petitioned for services pursuant to this section\nprior to such date and which complete petition has not been denied prior\nto October first, nineteen hundred ninety-three and whose parent has\nelected to continue the provision of such services until the child is no\nlonger an eligible child under title II-A of article twenty-five of the\npublic health law or is eligible for services pursuant to section\nforty-four hundred ten of the education law. (g) Notwithstanding any\nother provision of this section, this section shall not apply for\nservices to children who were not receiving services prior to July\nfirst, nineteen hundred ninety-three, or who, as of July first, nineteen\nhundred ninety-three, have petitioned for services prior to July first,\nnineteen hundred ninety-three and whose complete petition has been\ndenied prior to October first, nineteen hundred ninety-three.\n 2. Whenever such a child within the jurisdiction of the court pursuant\nto this section appears to the court to be in need of special\neducational services as provided in section forty-four hundred six of\nthe education law, including transportation, tuition or maintenance, a\nsuitable order may be made for the education of such child in its home,\na hospital, or other suitable institution, and the expenses thereof,\nwhen approved by the court and duly audited, shall be a charge upon the\ncounty or the city of New York thereof wherein the child is domiciled at\nthe time application is made to the court for such order.\n 3. (a) Every such order for services to be provided after September\nfirst, nineteen hundred eighty-six which provides for the transportation\nof a child shall further require that such transportation shall be\nprovided by the county or the city of New York, as the case may be, and,\nthat the city of New York may delegate the authority to provide such\ntransportation to the board of education or the city school district of\nsuch city.\n (b) Such order shall further require that such transportation shall be\nprovided within thirty days of the issuance of such order, and, shall be\nprovided as part of a municipal cooperation agreement, as part of a\ncontract awarded to the lowest responsible bidder in accordance with the\nprovisions of section one hundred three of the general municipal law, or\nas part of a contract awarded pursuant to an evaluation of proposals to\nthe extent authorized by paragraphs e and f of subdivision fourteen of\nsection three hundred five of the education law and otherwise consistent\nwith the provisions of this subdivision, and that buses and vehicles\nutilized in the performance of such contract shall meet the minimum\nrequirements for school age children as established by the commissioner\nof transportation.\n