Section 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; and (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. (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.