New York Laws
Article 81 - Education of Children Residing in Child Care Institutions
4001 - Definitions.

§ 4001. Definitions. As used in this article, the following terms
shall be defined as follows:

1. "Authorized agency" shall have the meaning defined in section three
hundred seventy-one of the social services law.

2. "Child care institution" shall mean any facility serving thirteen
or more children licensed by the department of social services pursuant
to title one of article seven of the social services law operated by an
authorized agency, or a residential treatment facility for children and
youth, whether or not such residential treatment facility is operated by
an authorized agency, except that Blythedale Children's Hospital shall
be a child care institution. This definition shall not include any
facility operated by a state agency or department other than the office
of mental health. It shall not include group homes or urban homes
operated by or contracted for by the division for youth.

3. "County" shall mean the county executive, or if there is none, the
chairman of the county legislative body of the county which is
responsible for a child in a child care institution or a private school,
except within the city of New York, in which case county shall mean the
mayor of said city.

4. "Child with a handicapping condition" shall mean a person between
the ages of five and twenty-one who has been identified through
appropriate evaluation and assessment as having a disability arising
from cognitive, emotional or physical factors, or any combination
thereof, which interferes with the child's ability to benefit from
regular education.

5. "Maintenance" shall mean the amount charged for room and board,
residential care and medical expenses, including those expenses
reimbursable pursuant to title nineteen of the federal social security
act, defined in accordance with the regulations of the commissioner of
social services for a child care institution pursuant to section three
hundred ninety-eight-a of the social services law. Maintenance shall not
include expenses which are otherwise reimbursable to a residential
facility by a federal, state or local agency, shall be approved by the
state commissioner of social services and the director of the budget and
shall not be otherwise payable or reimbursable.

6. "Public agency" shall mean the family court, the division for youth
or the local social services district.

7. "Residential treatment facility for children and youth" shall have
the meaning defined in section 1.03 of the mental hygiene law. Such
facilities may be operated by an authorized agency, subject to the
regulation of the office of mental health.

8. "Special act school district" shall mean those school districts
enumerated in chapter five hundred sixty-six of the laws of nineteen
hundred sixty-seven as amended.

9. "Tuition" shall mean the per pupil cost of all instructional
services, supplies and equipment, and the operation of instructional
facilities as determined by the commissioner. Approved tuition shall be
computed from expenditures for which no revenue has been received from
the following sources:

a. Receipts from the federal government;

b. Any cash receipts which reduce the cost of an item applied against
the item therefor, except gifts, donations and earned interest; and

c. Any refunds made or any apportionment or payment received from the
state for experimental or special programs as approved by the
commissioner.

10. "School district of origin" shall mean the public school district
of which a child was or is a resident at the time of such child's
placement in the care and custody of a public agency.


11. "School district of residence" shall mean the public school
district in which the child was or is living at the time a public agency
is considering placement of the child in a child care institution, or at
the time a child is placed with the division for youth.

12. "Written recommendation" shall mean the information required to be
provided by a school district to a public agency pursuant to section
forty hundred five of this article, which shall be developed as
specified by the regulations of the commissioner.

Structure New York Laws