New York Laws
Article 81 - Education of Children Residing in Child Care Institutions
4006 - Notification Procedures for Determination of Residence.

§ 4006. Notification procedures for determination of residence. 1.
Within thirty days of the placement of a child, determined to be
handicapped pursuant to subdivision one of section forty hundred five of
this article, in a child care institution, the local social services
commissioner, the division for youth or the operator of a residential
treatment facility for children and youth which is not operated by an
authorized agency shall notify the board of education of the school
district of origin and the state commissioner of social services. Such
notification shall include the name of the child and the residence of
the child at the time of entrance to care. The commissioner shall
promulgate regulations, in consultation with the commissioner of social
services, the commissioner of mental health and the director of the
division for youth, to implement this subdivision.

2. A board of education of a school district which receives
notification that a child has been placed in a child care institution
for the purposes of this section may deny financial responsibility for
such child by written notice, within twenty days of notification
pursuant to subdivision one of this section, to the commissioner and the
public agency placing the child.

3. The division for youth or the social services district placing such
child may appeal such denial of responsibility to the commissioner. If
the commissioner finds that the child was not a resident of the school
district that was notified that the child was a resident, the
commissioner shall request the division for youth or social services
commissioner to ascertain the correct school district and notify such
school district pursuant to subdivision one of this section. If the
commissioner finds that a child has no residence in this state, he shall
determine that there is no school district contribution for such child.

4. Any final determination or order of the commissioner concerning
residence or placement of any child under this section may only be
reviewed in a proceeding brought in the supreme court pursuant to
article seventy-eight of the civil practice law and rules. In any such
proceeding under such article seventy-eight, the court may grant any
relief authorized by the provisions of section seventy-eight hundred six
of such law and rules and may also, in its discretion, remand the
proceedings to the commissioner. A local social services commissioner or
the division for youth is a proper party in any such appeal or
proceeding.

Structure New York Laws