N.Y. Comp. Codes R. & Regs. Tit. 8 § 200.8 - State assistance for instruction of students with disabilities pursuant to sections 4406 and 4410 of the education law
(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.
Notes
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