Section 4002. Educational services

1. Each child between the ages of five
  and twenty-one who resides in a child care institution and who  has  not
  yet  graduated  from high school shall be entitled to receive a free and
  appropriate education in the  least  restrictive  environment  for  that
  child.
    2.  Each  child shall be provided suitable educational services in the
  least restrictive environment which can be provided by one  of  the  day
  programs  listed below. The need of the individual child shall determine
  the program that shall be offered. Such programs are as follows:
    a. The program of the public schools, as defined by section forty-four
  hundred one of this  chapter,  where  such  child  care  institution  is
  located or a neighboring public school program.
    b.  The  program  of  the  board  of  cooperative educational services
  serving the  area  in  which  the  institution  is  located.  Boards  of
  cooperative  educational  services are hereby authorized to provide such
  services on the same basis as such services  are  provided  to  children
  residing in component districts of such boards.
    c. A special act school district.
    d.  An  approved  private  school  operated  by such institution, or a
  private  non-residential  school  approved  by   the   state   education
  department.    Children  who  receive  care  in  a residential treatment
  facility for children and youth  which  is  operated  by  an  authorized
  agency  may  be  placed in a private school operated by such residential
  treatment facility or in a private school  operated  by  the  authorized
  agency.
    e.  Appointment  by  the  commissioner  to  a state or state-supported
  school  in  accordance  with  article   eighty-five,   eighty-seven   or
  eighty-eight of this chapter.
    f.   Contracts   with   the   state   university   at  Binghamton  for
  non-residential special services or programs at the children's unit  for
  treatment and evaluation which have been approved by the commissioner.
    * g.  Related services which shall in appropriate cases be provided or
  assured to students with disabilities and which shall include audiology,
  counseling including rehabilitation  counseling  services,  occupational
  therapy,  parent counseling and training, school health services, school
  nurse services, school social work, physical therapy, speech  pathology,
  medical  services  as  defined  in  regulations, psychological services,
  orientation and  mobility  services,  assistive  technology  service  as
  defined  under  federal  law,  interpreting  services, other appropriate
  developmental, corrective or other  support  services,  and  appropriate
  access  to  recreation,  as such terms are defined by regulations of the
  commissioner and approved by the director of the budget. Such term  does
  not   include  a  medical  device  that  is  surgically  implanted,  the
  optimization of that device's functioning (e.g.,  mapping),  maintenance
  of that device, or the replacement of such device.
    * NB Effective until June 30, 2012
    * g.  Related services which shall in appropriate cases be provided or
  assured to students with disabilities and which shall include audiology,
  counseling including rehabilitation  counseling  services,  occupational
  therapy,  parent counseling and training, school health services, school
  social work, physical therapy, speech  pathology,  medical  services  as
  defined in regulations, psychological services, orientation and mobility
  services,  assistive  technology  service  as defined under federal law,
  other appropriate developmental, corrective or other  support  services,
  and  appropriate  access  to  recreation,  as  such terms are defined by
  regulations of the commissioner and approved  by  the  director  of  the
  budget.
    * NB Effective June 30, 2012

    h.  Hospital  instruction, which shall be provided as specified in the
  regulations of the commissioner.
    i. Other programs approved by the commissioner.
    3.  Each  child  care institution maintaining a school shall appoint a
  committee on special education of the same composition  as  required  of
  public  schools  by section forty-four hundred two of this chapter. Such
  committee shall have responsibility for evaluating each pupil  suspected
  of  having a handicapping condition who has been placed in the care of a
  child care institution by a public agency and each  child  placed  in  a
  residential  treatment facility for children and youth, and placing such
  children in an appropriate special  education  program  as  provided  in
  section  forty hundred five of this article. Such committee shall follow
  the procedures contained in  section  forty-four  hundred  two  of  this
  chapter.  A  residential treatment facility for children and youth which
  is operated by  an  authorized  agency  may  share  the  services  of  a
  committee  on special education established pursuant to this subdivision
  or other provisions of law.