New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S04041 Summary:

S04041 Actions:

S04041 Committee Votes:

S04041 Floor Votes:

S04041 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4041--A
            Cal. No. 406
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  Sens.  MAYER,  GOUNARDES,  JACKSON, LIU, MANNION -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Education  --  reported  favorably from said committee,
          ordered to first and second report, ordered to a third reading, passed
          by Senate and delivered to the Assembly, recalled, vote  reconsidered,
          restored  to  third  reading, amended and ordered reprinted, retaining
          its place in the order of third reading
 
        AN ACT to amend the education law, in relation to  replacing  the  words
          handicapping conditions with the word disabilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The article heading of article 89 of the education law,  as
     2  added by chapter 853 of the laws of 1976, is amended to read as follows:
     3            CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
     4    § 2. Subdivisions 3 and 4 of section 4401 of the education law, subdi-
     5  vision 3 as amended by chapter 563 of the laws of 1980 and subdivision 4
     6  as  amended  by  chapter 367 of the laws of 1979, are amended to read as
     7  follows:
     8    3. "Maintenance". For purposes of  this  article  "maintenance"  shall
     9  mean the amount charged for room and board and allocable debt service as
    10  determined  by  the  commissioner for the living unit of the residential
    11  facility by a residential school and such  reasonable  medical  expenses
    12  actually and necessarily incurred by a [handicapped] child with disabil-
    13  ities  while  actually  in  attendance at a residential school, provided
    14  that such medical expenses shall be for diagnostic,  evaluative,  educa-
    15  tionally  related, and emergency care services as defined by regulations
    16  of the commissioner.   Such amount, which  shall  not  include  expenses
    17  which are otherwise reimbursable to a residential facility by a federal,
    18  state  or  local agency, shall be approved by the commissioner of social
    19  services and the director of the division of the budget and shall not be
    20  otherwise payable or reimbursable.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08394-03-3
        S. 4041--A                          2
 
     1    4. "Transportation expense." For the purposes of determining transpor-
     2  tation aid pursuant to this article, "transportation expense" shall mean
     3  any cost incurred by the school district for  the  transportation  of  a
     4  [handicapped]  child  with  disabilities  pursuant  to the provisions of
     5  subdivision  four  of  section  forty-four  hundred two of this article,
     6  notwithstanding any minimum or maximum  aidable  limits  established  by
     7  other  provisions of the education law or pursuant to regulations of the
     8  commissioner or school district,  allowed  pursuant  to  the  applicable
     9  provisions of parts two and three of article seventy-three of this chap-
    10  ter,  provided, however, that such transportation shall not be in excess
    11  of fifty miles from the home of such pupil to  the  appropriate  special
    12  service  or program unless the commissioner shall certify that no appro-
    13  priate non-residential special service or program  is  available  within
    14  such  fifty miles, and that the commissioner may establish by regulation
    15  a maximum number of trips between a pupil's home and the  private  resi-
    16  dential  school  which  provides  special  services  or programs to such
    17  pupil. Such cost shall include the cost of joint or regional transporta-
    18  tion provided by school districts or boards of  cooperative  educational
    19  services for such purposes and subject to the same limits.
    20    §  3.  Clauses  (a),(e)  and  (g)  of subparagraph 3 of paragraph b of
    21  subdivision 1 of section 4402  of  the  education  law,  clause  (a)  as
    22  amended  by  chapter  53  of the laws of 1991 and clauses (e) and (g) as
    23  amended by chapter 53 of the laws  of  1986,  are  amended  to  read  as
    24  follows:
    25    (a)  Obtain,  review  and evaluate all relevant information, including
    26  but not limited to that presented by  the  parent,  person  in  parental
    27  relationship  and teacher, pertinent to each child suspected of or iden-
    28  tified as having a [handicapping condition]  disability,  including  the
    29  results  of a physical examination performed in accordance with sections
    30  nine hundred three, nine hundred four and  nine  hundred  five  of  this
    31  chapter  and, where determined to be necessary by a school psychologist,
    32  an appropriate psychological evaluation performed by a qualified private
    33  or school psychologist, and other appropriate assessments  as  necessary
    34  to  ascertain  the  physical, mental, emotional and cultural-educational
    35  factors which may contribute to the suspected or  identified  [handicap-
    36  ping  condition] disability, and all other school data which bear on the
    37  child's progress, including, where appropriate, observation of classroom
    38  performance.
    39    (e) Make, or have  made,  periodic  evaluations  of  the  adequacy  of
    40  programs, services and facilities for children with [handicapping condi-
    41  tions] disabilities.
    42    (g)  Provide for the transmittal of information by the board of educa-
    43  tion, including such test results and evaluations as the  committee  may
    44  have  collected,  to the home district of the child with a [handicapping
    45  condition] disability in  cases  where  the  home  school  district  has
    46  contracted  for  the  child's  education with another school district or
    47  board of cooperative educational services.
    48    § 4. Subparagraph 1 of paragraph b of subdivision 2 of section 4402 of
    49  the education law, as amended by chapter 642 of the  laws  of  1987,  is
    50  amended to read as follows:
    51    (1)  Provided,  however,  that  in  each  school district the board of
    52  education or  trustees  of  such  district  are  hereby  authorized  and
    53  empowered  to  contract  for  such  special services or programs as such
    54  board shall deem reasonable and appropriate for such [handicapped] chil-
    55  dren with disabilities after consideration of the recommendations of the
    56  local committee on special education and the hearing officer if a  hear-
        S. 4041--A                          3
 
     1  ing  is held pursuant to section forty-four hundred four of this chapter
     2  and, where specified in subparagraph two of  this  paragraph,  with  the
     3  approval  of the commissioner after a finding by him that no appropriate
     4  special  services  or programs specified in paragraphs a through d and k
     5  of subdivision two of section forty-four hundred one are available.
     6    § 5. Paragraphs a and d of subdivision 4 and subdivision 5 of  section
     7  4402  of  the  education law, paragraph a of subdivision 4 as amended by
     8  chapter 470 of the laws of 1977, paragraph d of subdivision 4 as amended
     9  by chapter 646 of the laws of 1992, subdivision 5 as separately  amended
    10  by  chapters  53  and  683  of  the laws of 1986, are amended to read as
    11  follows:
    12    a. The board of education or the board  of  trustees  of  each  school
    13  district  shall  provide  suitable  transportation  to  and from special
    14  classes or programs, with the exception of  residential  facilities  for
    15  the  care and treatment of children with [handicapping conditions] disa-
    16  bilities under the jurisdiction of an agency of the state other than the
    17  state department of education, as specified in subdivisions two and four
    18  of section forty-four hundred one of this article.
    19    d. Notwithstanding any  other  provision  of  law,  such  board  shall
    20  provide  suitable  transportation up to a distance of fifty miles to and
    21  from a nonpublic school which a child with  a  [handicapping  condition]
    22  disability  attends  if  such  child has been so identified by the local
    23  committee on special education and such child attends  such  school  for
    24  the  purpose of receiving services or programs similar to special educa-
    25  tional programs recommended for such child by  the  local  committee  on
    26  special education.
    27    5.  Notwithstanding  any provisions of this article to the contrary or
    28  the provisions of section thirty-two hundred  two  of  this  chapter,  a
    29  child  with a [handicapping condition] disability who reaches the age of
    30  twenty-one during (a) the period commencing with the first day  of  July
    31  and  ending  on the thirty-first day of August shall if otherwise eligi-
    32  ble, be entitled to continue in a July  and  August  program  until  the
    33  thirty-first  day  of  August  or  until  the  termination of the summer
    34  program, whichever shall first occur; or (b) the  period  commencing  on
    35  the first day of September and ending on the thirtieth day of June shall
    36  be  entitled to continue in such program until the thirtieth day of June
    37  or until the termination of  the  school  year,  whichever  shall  first
    38  occur.
    39    §  6. Subdivisions 1, 2, 4, 8, 14 and 16 of section 4403 of the educa-
    40  tion law, subdivision 1 as amended by chapter 470 of the laws  of  1977,
    41  subdivision  2 as amended by chapter 53 of the laws of 1986, subdivision
    42  4 as amended by chapter 479 of  the  laws  of  2022,  subdivision  8  as
    43  amended  by  chapter 273 of the laws of 1986, and subdivisions 14 and 16
    44  as amended by section 4 of part E of chapter 501 of the  laws  of  2012,
    45  are amended to read as follows:
    46    1.  To  maintain  a statistical summary of the number of [handicapped]
    47  children with disabilities who reside within the state and the nature of
    48  their [handicaps] disabilities and to use all means and measures  neces-
    49  sary to adequately meet the physical and educational needs of such chil-
    50  dren, as provided by law.
    51    2.  To  stimulate  all private and public efforts designed to relieve,
    52  care for or educate children with [handicapping conditions] disabilities
    53  and to coordinate such efforts with the work  and  function  of  govern-
    54  mental agencies.
    55    4.  To periodically inspect, report on the adequacy of and make recom-
    56  mendations concerning instructional programs or special services for all
        S. 4041--A                          4

     1  children with [handicapping conditions] disabilities who  reside  in  or
     2  attend  any  state operated or state financed social service facilities,
     3  youth facilities, health facilities, mental  health,  and  developmental
     4  disabilities facilities or state correctional facilities.
     5    8.  To  develop and distribute a handbook for parents of [handicapped]
     6  children with disabilities and the members of committees and  subcommit-
     7  tees  on  special  education,  which  handbook  shall explain, in layman
     8  terms, the financial and educational obligations of the state, the coun-
     9  ty or city, the home school district, the committee  on  special  educa-
    10  tion,  and  the  parent  or legal guardian of a [handicapped] child with
    11  disabilities, the special services or  programs  available  pursuant  to
    12  this  article, and the legal procedures available to an aggrieved parent
    13  or legal guardian of a [handicapped] child with disabilities.
    14    14. To provide technical assistance to school districts to  assist  in
    15  the  adaptation  of  curriculum  for  the  instruction  of children with
    16  [handicapping conditions] disabilities.
    17    16. Commencing with the  nineteen  hundred  eighty-seven--eighty-eight
    18  school  year,  to  provide for instruction during the months of July and
    19  August of students with [handicapping conditions] disabilities who  have
    20  received state appointments pursuant to article eighty-five, eighty-sev-
    21  en  or  eighty-eight of this chapter and whose [handicapping conditions]
    22  disabilities, in the judgment of the commissioner, are severe enough  to
    23  exhibit  the need for a structured learning environment of twelve months
    24  duration to maintain developmental levels, by making  such  appointments
    25  for  twelve  months;  provided that the initial term of appointment of a
    26  student with a [handicapping condition] disability who  is  the  minimum
    27  age  eligible for such a state appointment shall not commence during the
    28  months of July or August.
    29    § 7. The section heading and subdivision 2  of  section  4404  of  the
    30  education law, as amended by chapter 53 of the laws of 1990, are amended
    31  to read as follows:
    32    Appeal procedures for children with [handicapping conditions] disabil-
    33  ities.
    34    2.  Review  by  state  review  officer.  A state review officer of the
    35  education department shall review and may modify, in such cases  and  to
    36  the extent that the review officer deems necessary, in order to properly
    37  effectuate the purposes of this article, any determination of the impar-
    38  tial  hearing  officer  relating to the determination of the nature of a
    39  child's [handicapping condition] disability, selection of an appropriate
    40  special education program or service and the  failure  to  provide  such
    41  program  and  require  such  board to comply with the provisions of such
    42  modification.  The commissioner shall adopt  regulations  governing  the
    43  practice  and  procedure  in  such  appeals to the state review officer;
    44  provided, however, that in no event shall any fee or  charge  whatsoever
    45  be  imposed for any appeal taken pursuant to this subdivision. The state
    46  review officer is empowered to make  all  orders  which  are  proper  or
    47  necessary to give effect to the decision of the review officer.
    48    §  8.  The section heading, the opening paragraph of subdivision 1 and
    49  subdivisions 2, 3 and 5 of  section  4405  of  the  education  law,  the
    50  section  heading  and subdivision 2 as amended by chapter 53 of the laws
    51  of 1986, the opening paragraph of subdivision 1 and subdivisions 3 and 5
    52  as amended by chapter 53 of the laws of 1990,  paragraphs  a  and  b  of
    53  subdivision  3 as amended by chapter 57 of the laws of 1993, paragraph c
    54  of subdivision 3 as amended by chapter 82 of the laws of 1995 and  para-
    55  graph  d of subdivision 3 as amended by chapter 260 of the laws of 1993,
    56  are amended to read as follows:
        S. 4041--A                          5
 
     1    Computing financial responsibility for  special  educational  services
     2  for certain children with [handicapping conditions] disabilities.
     3    Maintenance  for  children with [handicapping conditions] disabilities
     4  in residential schools under the provisions of  this  article  or  state
     5  schools  under  the provisions of articles eighty-seven and eighty-eight
     6  of this chapter.
     7    2. Transportation expense. The transportation expense  of  each  child
     8  with  a  [handicapping condition] disability shall be aidable in accord-
     9  ance with subdivision seven of section thirty-six hundred  two  of  this
    10  chapter;  provided,  however,  that  for the school year commencing July
    11  first, nineteen hundred seventy-six, school districts  shall  be  appor-
    12  tioned  ninety  per centum of the estimated amount of its approved costs
    13  of such year for  the  transportation  of  children  with  [handicapping
    14  conditions]  disabilities  whose  transportation  was  formerly provided
    15  under a family court order and is now a charge upon the school district,
    16  subject to the adjustment of any  errors  after  the  actual  costs  are
    17  ascertained.
    18    3. Computing state financial responsibility for operating expenses for
    19  certain children with [handicapping conditions] disabilities.
    20    a.  In  addition  to  any other apportionments under the provisions of
    21  this chapter, there shall  be  apportioned  to  each  applicable  school
    22  district  for  each  child with a [handicapping condition] disability in
    23  attendance in a state school under the  provisions  of  paragraph  d  of
    24  subdivision  two of section forty-four hundred one of this article or an
    25  approved program under the provisions of paragraphs e, f, g, h, i and  l
    26  of  such  subdivision  two,  the product of such attendance, computed in
    27  accordance with regulations of the commissioner,  and  the  excess  cost
    28  aid:  an  amount  computed by multiplying the excess cost, as defined in
    29  subdivision six of section forty-four hundred one of this article by the
    30  excess cost aid ratio defined in subdivision seven of this section.
    31    b. In addition to the apportionment  provided  to  a  school  district
    32  pursuant  to  paragraph  a  of  this subdivision for the attendance of a
    33  child with a [handicapping condition] disability in a state school under
    34  the provisions of paragraph d of subdivision two of  section  forty-four
    35  hundred  one  of this article, for each such child in attendance in such
    36  school prior to July first, nineteen  hundred  ninety,  there  shall  be
    37  apportioned an additional amount. Such amount shall equal the product of
    38  the  taper  aidable  cost  multiplied  by the taper aid ratio. The taper
    39  aidable cost shall equal the positive remainder resulting when  (i)  the
    40  apportionment attributable to such child pursuant to paragraph a of this
    41  subdivision  is subtracted from (ii) the product of such child's attend-
    42  ance and the tuition for the state school such child attends. The  taper
    43  aid  ratio  shall equal the quotient, computed to three decimals without
    44  rounding, resulting  when  the  positive  remainder  of  one  minus  the
    45  combined  wealth ratio, as defined in subdivision [one] three of section
    46  thirty-six hundred two of this chapter is divided by  seventy-five  one-
    47  hundredths.  Such  aid  ratio  shall not be less than zero nor more than
    48  one.
    49    c. The apportionments to each school district pursuant to this  subdi-
    50  vision shall be based on excess cost paid and attendance during the base
    51  year.
    52    d.  Notwithstanding  sections  thirty-six hundred seven and thirty-six
    53  hundred nine-a of this chapter, apportionments pursuant to this subdivi-
    54  sion shall be paid to school districts upon  submission  of  reports  of
    55  attendance   and   approved  tuition  expenditures  filed  in  a  format
    56  prescribed by the commissioner and shall be paid from the annual  appor-
        S. 4041--A                          6
 
     1  tionment  of  public moneys for the support of public schools in accord-
     2  ance with section thirty-six hundred nine-b of this chapter.
     3    5.  The commissioner shall annually determine the tuition rate and the
     4  commissioner of social services shall annually determine the maintenance
     5  rate for special services or programs provided during the months of July
     6  and August for  children  with  [handicapping  conditions]  disabilities
     7  entitled  to attend public schools without the payment of tuition pursu-
     8  ant to section thirty-two hundred two of this chapter.  The commissioner
     9  of education shall annually determine the tuition rate, maintenance rate
    10  and the medical services rate, if applicable, for such children  attend-
    11  ing the New York state school for the blind or the New York state school
    12  for  the  deaf during the months of July and August. Such rates shall be
    13  determined in conformance with the  reimbursement  methodologies  estab-
    14  lished pursuant to subdivision four of this section and shall be subject
    15  to the approval of the division of the budget. Rates shall be determined
    16  for  all  special  services or programs as defined in section forty-four
    17  hundred one of this chapter and offered during July and August.
    18    § 9. Subdivisions 1, 2, 4 and 5 of section 4406 of the education  law,
    19  subdivisions  1  and  2  as amended and subdivisions 4 and 5 as added by
    20  chapter 683 of the laws of 1986, are amended to read as follows:
    21    1. When the family court pursuant to section two hundred thirty-six of
    22  the family court act shall issue an order  to  provide  for  educational
    23  services, including transportation, tuition or maintenance of such chil-
    24  dren  with  [handicapping conditions] disabilities, the commissioner [of
    25  education], if he approves such order, shall issue a certificate to such
    26  effect in duplicate, one of which shall be filed with the clerk  of  the
    27  board  of  supervisors or other governing elective body of the county or
    28  chief fiscal officer of the city of New York and one in  the  office  of
    29  the  commissioner [of education]. Refusal of the commissioner to approve
    30  such order may be reviewed only in accordance  with  the  provisions  of
    31  article seventy-eight of the civil practice law and rules.
    32    2.  One-half  of  the  cost of providing such services, as provided in
    33  subdivision one of this section, as certified by  the  commissioner  [of
    34  education],  is  hereby  made a charge against the county or the city of
    35  New York  in  which  any  such  [handicapped]  child  with  disabilities
    36  resides, and the remaining one-half of the cost thereof shall be paid by
    37  the  state  out of moneys appropriated therefor. All claims for services
    38  rendered and for supplies furnished and for other expenses  incurred  in
    39  providing  such  services,  shall  be  paid in the first instance by the
    40  board of supervisors or other governing elective body of the  county  or
    41  chief fiscal officer of the city of New York in which such [handicapped]
    42  child  with disabilities resides, upon vouchers presented and audited in
    43  the same manner as in the case of other claims against the county or the
    44  city of New York.
    45    4. The commissioner is hereby authorized after  consultation  with  an
    46  advisory  task  force to be appointed by the commissioner, appropriately
    47  representative of consumers and providers of such services, to establish
    48  program and expenditure guidelines and standards for  the  provision  of
    49  special  services  or  programs as defined in section forty-four hundred
    50  one of this article for children with [handicapping conditions] disabil-
    51  ities who are under the age of five  and  are  not  entitled  to  attend
    52  public  schools without the payment of tuition pursuant to section thir-
    53  ty-two hundred two of this chapter.
    54    5. a. Each county and the city of New York may perform a fiscal  audit
    55  of  such  services  or  programs  within their respective county or city
    56  ordered by the family court pursuant to section two  hundred  thirty-six
        S. 4041--A                          7
 
     1  of  the  family  court act for preschool age children with [handicapping
     2  conditions] disabilities.
     3    b. Payments made pursuant to this section by the county or the city of
     4  New  York shall, upon the conclusion of the July first to June thirtieth
     5  school year for which such payment was made, be subject to audit against
     6  the actual difference between such audited  expenditures  and  revenues.
     7  Any  overpayments  made shall be refunded to such county or city or such
     8  county or city shall withhold the amount of such  overpayment  from  any
     9  other payments due to the claimant and shall report such overpayments to
    10  the commissioner.
    11    §  10.  The  section  heading and subdivision 1 of section 4407 of the
    12  education law, the section heading as amended by chapter 53 of the  laws
    13  of  1986, subdivision 1 as amended by chapter 82 of the laws of 1985 and
    14  paragraph a of subdivision 1 as amended by chapter 53  of  the  laws  of
    15  1989, are amended to read as follows:
    16    Special  provisions  relating  to instruction of certain children with
    17  [handicapping conditions] disabilities.  1. [a.] When it shall appear to
    18  the satisfaction of the department that a  child  with  a  [handicapping
    19  condition]  disability is not receiving instruction because there are no
    20  appropriate public or private facilities for instruction of such a child
    21  within this state because of the unusual type of the [handicap] disabil-
    22  ity or combination of  [handicaps]  disabilities  as  certified  by  the
    23  commissioner, the school district of which each such pupil is a resident
    24  is  authorized  to contract with an educational facility located outside
    25  the state, which, in the judgment of the department, can meet the  needs
    26  of   such  child  for  instruction.    Contracts,  rates,  payments  and
    27  reimbursements pursuant to this section  shall  be  in  accordance  with
    28  section forty-four hundred five of this article.
    29    §  11. The section heading, paragraphs a, b and d of subdivision 4 and
    30  paragraph a of subdivision 5 of section 4410 of the  education  law,  as
    31  added  by  chapter 243 of the laws of 1989, paragraph a of subdivision 4
    32  and subparagraph (iii) of paragraph a of subdivision  5  as  amended  by
    33  chapter  705  of  the  laws  of 1992 and paragraph d of subdivision 4 as
    34  amended by chapter 520 of the laws of  1993,  are  amended  to  read  as
    35  follows:
    36    Special  education  services  and programs for preschool children with
    37  [handicapping conditions] disabilities.
    38    a. The board shall identify each preschool child suspected of having a
    39  [handicapping condition] disability who resides within the district and,
    40  upon referral to the committee shall, with the consent  of  the  parent,
    41  provide  for  an  evaluation  related to the suspected disability of the
    42  child. The board shall make such identification in accordance with regu-
    43  lations of the commissioner.
    44    b. Each board shall, within time limits established by the commission-
    45  er, be responsible  for  providing  the  parent  of  a  preschool  child
    46  suspected of having a [handicapping condition] disability with a list of
    47  approved  evaluators  in  the geographic area. The parent may select the
    48  evaluator from such list.  Each board shall provide for dissemination of
    49  the list and other information to parents at appropriate sites including
    50  but not limited to pre-kindergarten, day care, head start  programs  and
    51  early  childhood  direction  centers,  pursuant  to  regulations  of the
    52  commissioner.
    53    d. The approved evaluator shall, following completion  of  the  evalu-
    54  ation,  transmit  the  documentation of the evaluation to all members of
    55  the committee and to a person designated by the  municipality  in  which
    56  the preschool child resides. Each municipality shall notify the approved
        S. 4041--A                          8
 
     1  evaluators  in  the  geographic  area  of  the person so designated. The
     2  summary report of the evaluation shall be  transmitted  in  English  and
     3  when  necessary, also in the dominant language or other mode of communi-
     4  cation of the parent; the documentation of the evaluation shall be tran-
     5  smitted  in  English  and,  upon  the request of the parent, also in the
     6  dominant language or other mode of communication of the  parent,  unless
     7  not clearly feasible to do so pursuant to regulations promulgated by the
     8  commissioner.  Costs of translating the summary report and documentation
     9  of the evaluation shall be separately reimbursed. If, based on the eval-
    10  uation, the committee finds that a child has a [handicapping  condition]
    11  disability,  the committee shall use the documentation of the evaluation
    12  to develop an individualized education program for the preschool  child.
    13  Nothing  herein  shall  prohibit  an approved evaluator from at any time
    14  providing the parent with a copy of the documentation of the  evaluation
    15  provided to the committee.
    16    a.  The committee shall review all relevant information, including but
    17  not limited to:
    18    (i) information presented by the parent and  the  child's  teacher  or
    19  teachers  pertinent  to  each  child suspected of having a [handicapping
    20  condition] disability;
    21    (ii) the results of all evaluations; and
    22    (iii) information provided by the appropriate  licensed  or  certified
    23  professional designated by the agency that is charged with the responsi-
    24  bility for the child pursuant to applicable federal laws, if any.
    25    §  12.  The section heading, paragraph f of subdivision 1 and subdivi-
    26  sions 2, 3 and 4 of section 4410-a of the education  law,  as  added  by
    27  chapter  53 of the laws of 1990, paragraph f of subdivision 1 as amended
    28  by chapter 474 of the laws of 1996, subdivisions 2, 3 and 4  as  amended
    29  by  chapter  280  of  the laws of 1994 and such section as renumbered by
    30  chapter 705 of the laws of 1992, are amended to read as follows:
    31    Responsibility for certain temporary-resident preschool children  with
    32  [handicapping conditions] disabilities.
    33    f. "Preschool child with a disability" shall mean a child eligible for
    34  services  pursuant to section forty-four hundred ten of this chapter. [A
    35  "preschool child with a handicapping condition" means a preschool  child
    36  with a disability.]
    37    2.  School  district  evaluation  and  placement responsibility.   The
    38  school district of current location of a foster care or  homeless  child
    39  or child in residential care shall be responsible for the evaluation and
    40  placement  procedures  prescribed  for  a  preschool  child suspected of
    41  having a [handicapping condition] disability pursuant to section  forty-
    42  four  hundred  ten  of  this chapter.   In issuing its written notice of
    43  determination of  services,  the  board  of  education  of  such  school
    44  district  shall  identify  the  municipality of residence of a preschool
    45  child with a [handicapping condition] disability who is a foster care or
    46  homeless child or child in residential care.   Such notice  of  determi-
    47  nation  shall  be  transmitted to both the municipality of residence and
    48  the municipality of current location.
    49    3. Contract and payment responsibility. The  municipality  of  current
    50  location  shall be the municipality of record for a preschool child with
    51  a [handicapping condition] disability who is a foster care  or  homeless
    52  child  or  child  in residential care for the purposes of section forty-
    53  four hundred ten of this chapter provided, however, that,  notwithstand-
    54  ing  the provision of paragraph b of subdivision eleven of such section,
    55  the state shall reimburse one hundred percent of the approved costs paid
        S. 4041--A                          9
 
     1  by such municipality which shall be offset by the local contribution due
     2  pursuant to subdivision four of this section.
     3    4.  Local  contribution. The municipality of residence shall be finan-
     4  cially responsible for the local contribution  which  shall  equal  that
     5  portion  of  the approved costs of services to a foster care or homeless
     6  child or child in residential care with a [handicapping condition] disa-
     7  bility which would not be reimbursed pursuant to the schedule set out in
     8  paragraph b of subdivision eleven of section forty-four hundred  ten  of
     9  this  chapter.    The  commissioner shall certify to the comptroller the
    10  amount of the local contribution owed by each municipality to the state.
    11  The comptroller shall deduct the amount of such local contribution first
    12  from any moneys due the municipality pursuant to such section  and  then
    13  from any other moneys due or to become due such municipality.
    14    § 13. This act shall take effect immediately.