New York Laws
Article 89 - Children With Handicapping Conditions
4406 - Procedures Through the Family Court; Cost of Certain Educational Services.

§ 4406. Procedures through the family court; cost of certain
educational services. 1. When the family court pursuant to section two
hundred thirty-six of the family court act shall issue an order to
provide for educational services, including transportation, tuition or
maintenance of such children with handicapping conditions, the
commissioner of education, if he approves such order, shall issue a
certificate to such effect in duplicate, one of which shall be filed
with the clerk of the board of supervisors or other governing elective
body of the county or chief fiscal officer of the city of New York and
one in the office of the commissioner of education. Refusal of the
commissioner to approve such order may be reviewed only in accordance
with the provisions of article seventy-eight of the civil practice law
and rules.

2. One-half of the cost of providing such services, as provided in
subdivision one of this section, as certified by the commissioner of
education, is hereby made a charge against the county or the city of New
York in which any such handicapped child resides, and the remaining
one-half of the cost thereof shall be paid by the state out of moneys
appropriated therefor. All claims for services rendered and for supplies
furnished and for other expenses incurred in providing such services,
shall be paid in the first instance by the board of supervisors or other
governing elective body of the county or chief fiscal officer of the
city of New York in which such handicapped child resides, upon vouchers
presented and audited in the same manner as in the case of other claims
against the county or the city of New York.

3. The legislature shall appropriate an amount sufficient to pay
one-half of the claims paid by a county or the city of New York for the
purposes and in the manner herein specified. The clerk of the board of
supervisors or other governing elective body of each county or chief
fiscal officer of the city of New York which has paid claims as provided
herein shall, not more than once in each month, transmit to the
commissioner of education a certified statement in the form prescribed
by him, stating the amount expended for the purposes specified herein,
the date of each expenditure, and the purpose for which it was made.
Upon the receipt of such certified statement the commissioner of
education shall examine the same, and if such expenditures were made as
required by law he shall approve it and transmit it to the comptroller
for audit. The comptroller shall thereupon issue his warrant in the
amount specified in such approved statement for the payment thereof out
of moneys appropriated therefor to the county treasurer of the county or
chief fiscal officer of the city of New York by which such payments were
made.

4. The commissioner is hereby authorized after consultation with an
advisory task force to be appointed by the commissioner, appropriately
representative of consumers and providers of such services, to establish
program and expenditure guidelines and standards for the provision of
special services or programs as defined in section forty-four hundred
one of this article for children with handicapping conditions who are
under the age of five and are not entitled to attend public schools
without the payment of tuition pursuant to section thirty-two hundred
two of this chapter.

5. a. Each county and the city of New York may perform a fiscal audit
of such services or programs within their respective county or city
ordered by the family court pursuant to section two hundred thirty-six
of the family court act for preschool age children with handicapping
conditions.

b. Payments made pursuant to this section by the county or the city of
New York shall, upon the conclusion of the July first to June thirtieth

school year for which such payment was made, be subject to audit against
the actual difference between such audited expenditures and revenues.
Any overpayments made shall be refunded to such county or city or such
county or city shall withhold the amount of such overpayment from any
other payments due to the claimant and shall report such overpayments to
the commissioner.

6. Notwithstanding any other provision of law to the contrary, no
payments shall be made by the commissioner pursuant to this section on
or after July first, two thousand based on a claim for services
rendered, provided however, that no payment shall be barred or reduced
where such payment is required as a result of a court order or judgment
issued on or after July first, two thousand or a final audit.