Special Education

Section 200.8 State assistance for instruction of students with disabilities pursuant to sections 4406 and 4410 of the Education Law*

Disclaimer

(a) Approval of orders of the Family Court. An order of the Family Court which directs that special educational services be provided to a student with a disability may be approved by the commissioner, provided that satisfactory evidence is submitted to establish that:

(1) for services provided during the months of July and August through August 1989, such student is a child with a disability, as defined by section 4401 of the Education Law, and is not eligible for educational services pursuant to article 73, 85, 87, 88 or 89 of the Education Law; or

(2) for services provided prior to September 1, 1989, such student meets all the criteria of section 4401(1) of the Education Law, except that the student is under school-age of five and is not entitled to attend public schools without the payment of tuition pursuant to section 3202 of the Education Law and such student is also not eligible for educational services pursuant to article 73, 85, 87, 88 or 89 of the Education Law; or

(3) for services provided on or after September 1, 1989, such student meets all the criteria of section 4401(1) of the Education Law, except that the student is under the age of three and is not entitled to attend a preschool program pursuant to section 4410 of the Education Law except that, commencing July 1, 1991, a student who, as of his or her third birthday, is already receiving services pursuant to section 236 of the Family Court Act may, if the parent chooses, continue to receive such services through August 31st of the calendar year in which the student first becomes eligible to receive services pursuant to section 4410 of the Education Law and such student is also not eligible for educational services pursuant to article 73, 85, 87, 88 or 89 of the Education Law.

(b) No order of the Family Court shall be approved with respect to any student who has not previously received State assistance pursuant to the provisions of sections 4406 and 4407 of the Education Law to attend such school, or any student who is to be enrolled in a private school which has not been approved by the department in accordance with the provisions of section 200.7 of this Part, unless appropriate notification has been received by the department on or before June 30th in the school year for which special educational services are sought. The provisions of this subdivision shall not apply to a student enrolled in a school subject to visitation by the commissioner pursuant to article 85 of the Education Law.

(c) Submission of claims. In order to be eligible for State assistance pursuant to Education Law, sections 4406 and 4410:

(1) for services provided on or after July 1, 1983, payment by the county or city for such services shall be made not later than 12 months from the date on which a certificate of approval for State aid was issued, or 12 months from the last day of the school year within which special educational services were provided, whichever is later, and each voucher for payment by the State, pursuant to the provisions of subdivisions 2 and 3 of section 4406 of the Education Law, shall be submitted by a county or city not later than two months after issuance by the department of the automated voucher listing immediately following the later of the above two dates; or

(2) for services provided to a preschool student with a disability on or after September 1, 1989, payment by the county or city for such services shall be paid at least quarterly, pursuant to the provisions of section 4410 of the Education Law, upon vouchers presented by an approved provider which has contracted with the municipality to provide those services. Upon receipt of the form provided by the committee pursuant to section 200.16(d)(4) of this Part, the appropriate municipality in which the preschool student resides shall review and, if complete, shall sign the form, and shall send one copy to the department for approval and one to the approved evaluator. A municipality shall not, as a condition of approval of such claims for reimbursement, require any additional information other than the information required to be included on such form. Such vouchers shall be audited in the same manner as other claims against the municipality.

(3) Within 12 months from the end of the fiscal year in which special education programs and services were provided, the municipality shall request reimbursement from the department for approved costs. To request reimbursement, the municipality shall use a list provided by the commissioner of all preschool students with disabilities in that municipality who received programs and services pursuant to section 4410 of the Education Law. The municipality shall certify on such list the amount expended and dates of expenditure for such programs and services.

(4) Notwithstanding the provisions of paragraph (3) of this subdivision, upon application by a municipality with a documented justification, the commissioner may exercise a delay in submission of requests for reimbursement of approved costs for good cause shown.

(5) In the event of a rate increase or decrease recommended by the commissioner and approved by the Director of the Budget, the municipality shall request reimbursement for the new approved cost(s) from the commissioner within 12 months from the end of the fiscal year in which services were provided, or 12 months from the end of the fiscal year in which the rate was increased or decreased, whichever is later.

(6) Upon receipt of a certified statement from the municipality and a determination that all expenditures were made as required pursuant to section 4410 of the Education Law, the commissioner shall approve reimbursement of such costs pursuant to section 4410(11) of the Education Law and transmit such statement to the Comptroller for audit and payment.

(7) Beginning with the 1989-90 school year, within 12 months from the end of the fiscal year in which special education programs and services were provided, the municipality may request reimbursement for necessary and allowable administrative costs, up to a maximum of $50 per eligible preschool student placed pursuant to section 4410 of the Education Law. The municipality shall request reimbursement in a manner prescribed by the commissioner.

* Includes all amendments through July 2009

Last Updated: June 30, 2010