Section 4406. Procedures through the family court; cost of certain educational services

1. When the family court pursuant to  section  two  hundred  thirty-six  of  the  family  court  act shall issue an order to
  provide for educational services, including transportation,  tuition  or
  maintenance   of   such   children  with  handicapping  conditions,  the
  commissioner of education, if he approves  such  order,  shall  issue  a
  certificate  to  such  effect  in duplicate, one of which shall be filed
  with the clerk of the board of supervisors or other  governing  elective
  body  of  the county or chief fiscal officer of the city of New York and
  one in the office of the  commissioner  of  education.  Refusal  of  the
  commissioner  to  approve  such order may be reviewed only in accordance
  with the provisions of article seventy-eight of the civil  practice  law
  and rules.
    2.  One-half  of  the  cost of providing such services, as provided in
  subdivision one of this section, as certified  by  the  commissioner  of
  education, is hereby made a charge against the county or the city of New
  York  in  which  any  such  handicapped child resides, and the remaining
  one-half of the cost thereof shall be paid by the state  out  of  moneys
  appropriated therefor. All claims for services rendered and for supplies
  furnished  and  for  other expenses incurred in providing such services,
  shall be paid in the first instance by the board of supervisors or other
  governing elective body of the county or chief  fiscal  officer  of  the
  city  of New York in which such handicapped child resides, upon vouchers
  presented and audited in the same manner as in the case of other  claims
  against the county or the city of New York.
    3.  The  legislature  shall  appropriate  an  amount sufficient to pay
  one-half of the claims paid by a county or the city of New York for  the
  purposes  and  in the manner herein specified. The clerk of the board of
  supervisors or other governing elective body of  each  county  or  chief
  fiscal officer of the city of New York which has paid claims as provided
  herein  shall,  not  more  than  once  in  each  month,  transmit to the
  commissioner of education a certified statement in the  form  prescribed
  by  him,  stating the amount expended for the purposes specified herein,
  the date of each expenditure, and the purpose for  which  it  was  made.
  Upon  the  receipt  of  such  certified  statement  the  commissioner of
  education shall examine the same, and if such expenditures were made  as
  required  by  law he shall approve it and transmit it to the comptroller
  for audit. The comptroller shall thereupon  issue  his  warrant  in  the
  amount  specified in such approved statement for the payment thereof out
  of moneys appropriated therefor to the county treasurer of the county or
  chief fiscal officer of the city of New York by which such payments were
  made.
    4. The commissioner is hereby authorized after  consultation  with  an
  advisory  task  force to be appointed by the commissioner, appropriately
  representative of consumers and providers of such services, to establish
  program and expenditure guidelines and standards for  the  provision  of
  special  services  or  programs as defined in section forty-four hundred
  one of this article for children with handicapping  conditions  who  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 this chapter.
    5.  a. Each county and the city of New York may perform a fiscal audit
  of such services or programs within  their  respective  county  or  city
  ordered  by  the family court pursuant to section two hundred thirty-six
  of the family court act for preschool  age  children  with  handicapping
  conditions.  b.  Payments made pursuant to this section by the county or
  the city of New York shall, upon the conclusion of  the  July  first  to
  June  thirtieth  school year for which such payment was made, be subject

  to audit against the actual difference between such audited expenditures
  and revenues. Any overpayments made shall be refunded to such county  or
  city  or  such  county  or  city  shall  withhold  the  amount  of  such
  overpayment from any other payments due to the claimant and shall report
  such overpayments to the commissioner.
    6.  Notwithstanding  any  other  provision  of law to the contrary, no
  payments shall be made by the commissioner pursuant to this  section  on
  or  after  July  first,  two  thousand  based  on  a  claim for services
  rendered, provided however, that no payment shall be barred  or  reduced
  where  such payment is required as a result of a court order or judgment
  issued on or after July first, two thousand or a final audit.