Section 4001. Definitions

As  used  in  this  article, the following terms
  shall be defined as follows:
    1. "Authorized agency" shall have the meaning defined in section three
  hundred seventy-one of the social services law.
    2. "Child care institution" shall mean any facility  serving  thirteen
  or  more children licensed by the department of social services pursuant
  to title one of article seven of the social services law operated by  an
  authorized  agency, or a residential treatment facility for children and
  youth, whether or not such residential treatment facility is operated by
  an authorized agency, except that Blythedale Children's  Hospital  shall
  be  a  child  care  institution.  This  definition shall not include any
  facility operated by a state agency or department other than the  office
  of  mental  health.  It  shall  not  include  group homes or urban homes
  operated by or contracted for by the division for youth.
    3. "County" shall mean the county executive, or if there is none,  the
  chairman  of  the  county  legislative  body  of  the  county  which  is
  responsible for a child in a child care institution or a private school,
  except within the city of New York, in which case county shall mean  the
  mayor of said city.
    4.  "Child  with a handicapping condition" shall mean a person between
  the ages  of  five  and  twenty-one  who  has  been  identified  through
  appropriate  evaluation  and  assessment  as having a disability arising
  from cognitive,  emotional  or  physical  factors,  or  any  combination
  thereof,  which  interferes  with  the  child's  ability to benefit from
  regular education.
    5. "Maintenance" shall mean the amount charged  for  room  and  board,
  residential   care   and  medical  expenses,  including  those  expenses
  reimbursable pursuant to title nineteen of the federal  social  security
  act,  defined  in accordance with the regulations of the commissioner of
  social services for a child care institution pursuant to  section  three
  hundred ninety-eight-a of the social services law. Maintenance shall not
  include  expenses  which  are  otherwise  reimbursable  to a residential
  facility by a federal, state or local agency, shall be approved  by  the
  state commissioner of social services and the director of the budget and
  shall not be otherwise payable or reimbursable.
    6. "Public agency" shall mean the family court, the division for youth
  or the local social services district.
    7.  "Residential treatment facility for children and youth" shall have
  the meaning defined in section 1.03 of  the  mental  hygiene  law.  Such
  facilities  may  be  operated  by  an  authorized agency, subject to the
  regulation of the office of mental health.
    8. "Special act school district" shall  mean  those  school  districts
  enumerated  in  chapter  five  hundred sixty-six of the laws of nineteen
  hundred sixty-seven as amended.
    9. "Tuition" shall mean  the  per  pupil  cost  of  all  instructional
  services,  supplies  and  equipment,  and the operation of instructional
  facilities as determined by the commissioner. Approved tuition shall  be
  computed  from  expenditures for which no revenue has been received from
  the following sources:
    a. Receipts from the federal government;
    b. Any cash receipts which reduce the cost of an item applied  against
  the item therefor, except gifts, donations and earned interest; and
    c.  Any refunds made or any apportionment or payment received from the
  state  for  experimental  or  special  programs  as  approved   by   the
  commissioner.
    10.  "School district of origin" shall mean the public school district
  of which a child was or is a  resident  at  the  time  of  such  child's
  placement in the care and custody of a public agency.

    11.  "School  district  of  residence"  shall  mean  the public school
  district in which the child was or is living at the time a public agency
  is considering placement of the child in a child care institution, or at
  the time a child is placed with the division for youth.
    12. "Written recommendation" shall mean the information required to be
  provided  by  a  school  district to a public agency pursuant to section
  forty hundred  five  of  this  article,  which  shall  be  developed  as
  specified by the regulations of the commissioner.