2006 New York Code - Education For Mentally Disabled Children.



 
  § 33.11 Education for mentally disabled children.
    The  office  of mental health and the office of mental retardation and
  developmental disabilities shall provide the same education for patients
  in office of mental health hospitals and residents in office  of  mental
  retardation  and  developmental disabilities schools who are between the
  ages of five and twenty-one which they would otherwise  be  entitled  to
  receive  in their local school districts pursuant to article eighty-nine
  of the education law. The cost of such education shall be a charge  upon
  and shall be paid by the office of mental health or the office of mental
  retardation  and  developmental disabilities when received within such a
  hospital or school by a patient  or  resident  therein.  Such  education
  shall  be  adapted to the mental attainments of such children. Provided,
  however, that such children as can benefit therefrom shall  be  admitted
  to  the  schools of the school district in which such hospital or school
  is located  in  accordance  with  regulations  of  the  commissioner  of
  education  developed  in  consultation  with the commissioners of mental
  health and mental retardation and developmental disabilities.  The  cost
  of  such  instruction less the State aid attributed to such child, shall
  be a charge upon the school district in which the child resided  at  the
  time of admission to the State hospital or school, except in those cases
  as  provided  in  paragraph  c of subdivision five of section thirty-two
  hundred two of the education law.

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