33.11 – Education for Children With Mental Disabilities.

§ 33.11 Education for children with mental disabilities.
The   office   of  mental  health  and  the  office  for  people  with
  developmental disabilities shall provide the same education for patients
  in office of mental health hospitals and residents in office for  people
  with developmental disabilities schools who are between the ages of five
  and  twenty-one  which  they  would  otherwise be entitled to receive in
  their local school districts pursuant  to  article  eighty-nine  of  the
  education  law.  The  cost  of such education shall be a charge upon and
  shall be paid by the office of mental health or the  office  for  people
  with  developmental disabilities when received within such a hospital or
  school by a patient or resident therein. Such education shall be adapted
  to the mental attainments of such children. Provided, however, that such
  children as can benefit therefrom shall be admitted to  the  schools  of
  the  school  district  in  which  such  hospital or school is located in
  accordance with regulations of the commissioner of  education  developed
  in   consultation   with   the   commissioners   of  mental  health  and
  developmental disabilities. The cost of such instruction less the  state
  aid attributed to such child, shall be a charge upon the school district
  in  which  the  child  resided  at  the  time  of admission to the state
  hospital or school, except in those cases as provided in paragraph c  of
  subdivision five of section thirty-two hundred two of the education law.