New York Laws
Article 81 - Education of Children Residing in Child Care Institutions
4002 - Educational Services.

§ 4002. Educational services. 1. Each child between the ages of five
and twenty-one who resides in a child care institution and who has not
yet graduated from high school shall be entitled to receive a free and
appropriate education in the least restrictive environment for that
child.

2. Each child shall be provided suitable educational services in the
least restrictive environment which can be provided by one of the day
programs listed below. The need of the individual child shall determine
the program that shall be offered. Such programs are as follows:

a. The program of the public schools, as defined by section forty-four
hundred one of this chapter, where such child care institution is
located or a neighboring public school program.

b. The program of the board of cooperative educational services
serving the area in which the institution is located. Boards of
cooperative educational services are hereby authorized to provide such
services on the same basis as such services are provided to children
residing in component districts of such boards.

c. A special act school district.

d. An approved private school operated by such institution, or a
private non-residential school approved by the state education
department. Children who receive care in a residential treatment
facility for children and youth which is operated by an authorized
agency may be placed in a private school operated by such residential
treatment facility or in a private school operated by the authorized
agency.

e. Appointment by the commissioner to a state or state-supported
school in accordance with article eighty-five, eighty-seven or
eighty-eight of this chapter.

f. Contracts with the state university at Binghamton for
non-residential special services or programs at the children's unit for
treatment and evaluation which have been approved by the commissioner.

* g. Related services which shall in appropriate cases be provided or
assured to students with disabilities and which shall include audiology,
counseling including rehabilitation counseling services, occupational
therapy, parent counseling and training, school health services, school
nurse services, school social work, physical therapy, speech pathology,
medical services as defined in regulations, psychological services,
orientation and mobility services, assistive technology service as
defined under federal law, interpreting services, other appropriate
developmental, corrective or other support services, and appropriate
access to recreation, as such terms are defined by regulations of the
commissioner and approved by the director of the budget. Such term does
not include a medical device that is surgically implanted, the
optimization of that device's functioning (e.g., mapping), maintenance
of that device, or the replacement of such device.

* NB Effective until June 30, 2024

* g. Related services which shall in appropriate cases be provided or
assured to students with disabilities and which shall include audiology,
counseling including rehabilitation counseling services, occupational
therapy, parent counseling and training, school health services, school
social work, physical therapy, speech pathology, medical services as
defined in regulations, psychological services, orientation and mobility
services, assistive technology service as defined under federal law,
other appropriate developmental, corrective or other support services,
and appropriate access to recreation, as such terms are defined by
regulations of the commissioner and approved by the director of the
budget.

* NB Effective June 30, 2024


h. Hospital instruction, which shall be provided as specified in the
regulations of the commissioner.

i. Other programs approved by the commissioner.

3. Each child care institution maintaining a school shall appoint a
committee on special education of the same composition as required of
public schools by section forty-four hundred two of this chapter. Such
committee shall have responsibility for evaluating each pupil suspected
of having a handicapping condition who has been placed in the care of a
child care institution by a public agency and each child placed in a
residential treatment facility for children and youth, and placing such
children in an appropriate special education program as provided in
section forty hundred five of this article. Such committee shall follow
the procedures contained in section forty-four hundred two of this
chapter. A residential treatment facility for children and youth which
is operated by an authorized agency may share the services of a
committee on special education established pursuant to this subdivision
or other provisions of law.

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