Section 4410-A. Responsibility for certain temporary-resident preschool children with handicapping conditions

1. Definitions. For  the  purpose  of this section, the following definitions shall apply:
    a.  "Foster  care child" shall mean a child placed in foster care by a
  social services district.
    b. "Homeless  child"  shall  mean  a  homeless  child  as  defined  in
  paragraph  a  of  subdivision  one of section thirty-two hundred nine of
  this chapter.
    c. "Municipality" shall mean a county outside the city of New York  or
  the city, in the case of a county in the city of New York.
    d.  "Municipality  of  current  location" shall mean a municipality in
  which a child lives which is different from the municipality in which  a
  child  or  such  child's  family  lived  at  the  time a social services
  district assumed responsibility for  the  placement  of  such  child  or
  family, or at the time such child was admitted for care and/or treatment
  in a facility licensed or operated by another state agency.
    e.  "Municipality of residence" shall mean the municipality in which a
  child or such child's family lived at the time the local social services
  district assumed responsibility for  the  placement  of  such  child  or
  family, or at the time such child was admitted for care and/or treatment
  in a facility licensed or operated by another state agency.
    f. "Preschool child with a disability" shall mean a child eligible for
  services  pursuant  to section forty-four hundred ten of this chapter. A
  "preschool child with a handicapping condition" means a preschool  child
  with a disability.
    g.  "School district of current location" shall mean a school district
  in which a child lives which is different from the  school  district  in
  which a child or such child's family lived at the time a social services
  district  assumed  responsibility  for  the  placement  of such child or
  family, or at the time such child was admitted for care and/or treatment
  in a facility licensed or operated by another state agency.
    h. "Child in residential care"  shall  mean  a  child  residing  in  a
  facility  licensed  or  operated  by  another state agency as defined by
  section 1.03 of the mental hygiene law or by section two of  the  public
  health law.
    2.  School  district  evaluation  and  placement responsibility.   The
  school district of current location of a foster care or  homeless  child
  or child in residential care shall be responsible for the evaluation and
  placement  procedures  prescribed  for  a  preschool  child suspected of
  having a handicapping condition pursuant to section  forty-four  hundred
  ten  of this chapter.  In issuing its written notice of determination of
  services, the board of education of such school district shall  identify
  the  municipality  of residence of a preschool child with a handicapping
  condition who is a foster care or homeless child or child in residential
  care.  Such notice of determination shall be  transmitted  to  both  the
  municipality of residence and the municipality of current location.
    3.  Contract  and  payment responsibility. The municipality of current
  location shall be the municipality of record for a preschool child  with
  a handicapping condition who is a foster care or homeless child or child
  in  residential  care for the purposes of section forty-four hundred ten
  of this chapter provided, however, that, notwithstanding  the  provision
  of  paragraph  b  of subdivision eleven of such section, the state shall
  reimburse one hundred  percent  of  the  approved  costs  paid  by  such
  municipality  which  shall  be  offset  by  the  local  contribution due
  pursuant to subdivision four of this section.
    4.  Local  contribution.  The  municipality  of  residence  shall   be
  financially  responsible  for  the  local contribution which shall equal
  that portion of the approved costs of  services  to  a  foster  care  or

  homeless  child  or  child  in  residential  care  with  a  handicapping
  condition which would not be reimbursed pursuant to the schedule set out
  in paragraph b of subdivision eleven of section forty-four  hundred  ten
  of  this chapter.  The commissioner shall certify to the comptroller the
  amount of the local contribution owed by each municipality to the state.
  The comptroller shall deduct the amount of such local contribution first
  from any moneys due the municipality pursuant to such section  and  then
  from any other moneys due or to become due such municipality.