2006 New York Code - Powers Of The Family Court With Regard To Certain Handicapped Children.

 
    §  236.  Powers of the family court with regard to certain handicapped
  children. 1. This section shall apply  for:  (a)  services  provided  to
  children  with  handicapping conditions as defined in subdivision one of
  section forty-four hundred  one  of  the  education  law  who  were  not
  eligible,  prior  to  September  first, nineteen hundred eighty-six, for
  educational  services  during  July  and  August  pursuant  to   article
  seventy-three, eighty-five, eighty-seven, eighty-eight or eighty-nine of
  the   education   law;  (b)  for  services  provided  to  children  with
  handicapping conditions who meet all the criteria of subdivision one  of
  section  forty-four  hundred  one  of the education law except that such
  children 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  the  education law and that such children are also not
  eligible for educational services  pursuant  to  article  seventy-three,
  eighty-five,  eighty-seven, eighty-eight or eighty-nine of the education
  law; (c) for services provided to children with handicapping  conditions
  who  meet  all  the  criteria  of  subdivision one of section forty-four
  hundred one of the education law except  that  such  children  are  five
  years  of  age  or  under  and:  (i) are first eligible to attend public
  school  in  the  nineteen  hundred  eighty-seven--eighty-eight  or   the
  nineteen  hundred  eighty-eight--eighty-nine  school  year  but  are not
  eligible for educational services pursuant to the education  law  during
  the months of July and August, nineteen hundred eighty-seven or nineteen
  hundred  eighty-eight,  or  (ii)  are  not  eligible to commence a state
  appointment   pursuant   to   article   eighty-five,   eighty-seven   or
  eighty-eight  of the education law during the months of July and August;
  (d)   for   services    provided    during    the    nineteen    hundred
  eighty-nine--ninety   school   year,   pursuant  to  the  provisions  of
  subdivision six of section forty-four hundred ten of the education  law;
  (e)  for  services  provided  prior  to  July  first,  nineteen  hundred
  ninety-one to children with handicapping conditions who met the criteria
  of subdivision one of section forty-four hundred one  of  the  education
  law  except  that such children were three years of age or under and (i)
  were not eligible for services pursuant to  section  forty-four  hundred
  ten  of such law, or (ii) were not eligible for services through a state
  appointment   pursuant   to   article   eighty-five,   eighty-seven   or
  eighty-eight  of  such law.   (f) for services provided on or after July
  first,  nineteen  hundred  ninety-one  to  children  with   handicapping
  conditions   who  meet  the  criteria  of  subdivision  one  of  section
  forty-four hundred one of the education law except  that  such  children
  are  three  years  of age or under and (i) are not eligible for services
  pursuant to section forty-four hundred ten of such law, or who are first
  eligible for services pursuant to such section whose parents or  persons
  in  parental  relationship elect to have them continue to be eligible to
  receive services pursuant to this section through August thirty-first of
  the calendar year in which  the  child  turns  three  or  (ii)  are  not
  eligible  for  services  through a state appointment pursuant to article
  eighty-five, eighty-seven or eighty-eight  of  such  law;  and  (f)  for
  services  provided to children with handicapping conditions who meet the
  criteria of subdivision one of section forty-four  hundred  one  of  the
  education  law  and  who,  on or before June thirtieth, nineteen hundred
  ninety-three, are receiving services or who, as of July first,  nineteen
  hundred  ninety-three,  have  petitioned  for  services pursuant to this
  section prior to such date and which  complete  petition  has  not  been
  denied  prior  to October first, nineteen hundred ninety-three and whose
  parent has elected to continue the provision of such services until  the
  child  is  no  longer  an  eligible  child  under  title II-A of article
  twenty-five of the  public  health  law  or  is  eligible  for  services


  pursuant  to  section  forty-four hundred ten of the education law.  (g)
  Notwithstanding any other provision of this section, this section  shall
  not apply for services to children who were not receiving services prior
  to  July first, nineteen hundred ninety-three, or who, as of July first,
  nineteen hundred ninety-three, have petitioned  for  services  prior  to
  July  first,  nineteen  hundred ninety-three and whose complete petition
  has been denied prior to October first, nineteen hundred ninety-three.
    2. Whenever such a child within the jurisdiction of the court pursuant
  to this  section  appears  to  the  court  to  be  in  need  of  special
  educational  services  as  provided in section forty-four hundred six of
  the education law, including transportation, tuition or  maintenance,  a
  suitable  order may be made for the education of such child in its home,
  a hospital, or other suitable institution,  and  the  expenses  thereof,
  when  approved by the court and duly audited, shall be a charge upon the
  county or the city of New York thereof wherein the child is domiciled at
  the time application is made to the court for such order.
    3. (a) Every such order for services to be  provided  after  September
  first, nineteen hundred eighty-six which provides for the transportation
  of  a  child  shall  further  require  that such transportation shall be
  provided by the county or the city of New York, as the case may be, and,
  that the city of New York may delegate the  authority  to  provide  such
  transportation to the board of education of such city.
    (b) Such order shall further require that such transportation shall be
  provided within thirty days of the issuance of such order, and, shall be
  provided  as  part  of a municipal cooperation agreement or as part of a
  contract awarded to the lowest responsible bidder in accordance with the
  provisions of section one hundred three of the general municipal law and
  that buses and vehicles utilized in the  performance  of  such  contract
  shall   meet  the  minimum  requirements  for  school  age  children  as
  established by the commissioner of transportation.