N.Y. EDN Law § 1004

§ 1004. Powers and duties of the education department.\n The education department shall have the responsibility of and is\nhereby authorized:\n 1. To adopt and promulgate such rules and regulations and take such\naction as may be necessary to carry out the provisions of this article.\n 2. To provide vocational rehabilitation services directly or through\npublic or private instrumentalities for handicapped persons (excepting\nblind persons and, with respect to physical restoration services, those\npersons who are entitled to such services pursuant to the workers'\ncompensation law and the volunteer firefighters' benefit law) whose\nvocational rehabilitation the department determines after full\ninvestigation may be satisfactorily achieved. In the course of its\ninvestigation of an individual applicant's vocational rehabilitation\npotential the department may conduct an extended evaluation program\nincluding utilization of such vocational rehabilitation services as it\ndeems necessary.\n 3. To enter into reciprocal agreements with other states to provide\nfor the vocational rehabilitation of handicapped persons.\n 4. To engage in and contract for the making of studies,\ninvestigations, demonstrations, research and reports, and the provision\nof training and instruction (including the establishment and maintenance\nof fellowships and traineeships with such stipends and allowances as may\nbe deemed necessary) the assessment of existing facilities and services\nand the evaluation of present and future requirements, including plans\nfor the purposes enumerated above in matters relating to vocational\nrehabilitation.\n 5. To arrange and pay part of the cost of projects leading to the\nconstruction of workshops and rehabilitation facilities and the\nextension and improvement or the establishment of vocational\nrehabilitation services for handicapped persons, including the\nfurnishing of equipment or the furnishing of funds for the purchase of\nequipment and supplies, personnel and other necessary and proper\nexpenses in the construction, establishment, improvement, continuation\nor extension of rehabilitation facilities and workshops operated by\npublic or nonprofit organizations and agencies.\n 6. To cooperate in the operation of this article with the state agency\nor agencies administering the state's public assistance program,\nworkmen's compensation program, the departments of health, mental\nhygiene, the federal agencies charged with the administration of the\nfederal social security act and the federal fair labor standards act or\nother appropriate federal legislation and with other public and private\nagencies providing services related to vocational rehabilitation, and\nwith the state system of public employment offices in the state, making\nmaximum feasible utilization of the job placement and employment\ncounseling services and other services and facilities of such offices,\nand to issue such certifications as are required or indicated thereby.\n 7. Within its discretion, to consider financial need of handicapped\nindividuals for the purposes of determining the extent of their\nrespective participation in the costs of vocational rehabilitation\nservices and to promulgate rules and regulations establishing financial\nneed as a condition to the availability of any of the services specified\nin paragraph a of subdivision five of section one thousand two of this\nchapter except that no economic need test will be applied as a condition\nfor furnishing the following vocational rehabilitation services: (a)\nevaluation, including diagnostic and related services; (b) counseling\nand guidance; and (c) placement.\n 8. To supervise and monitor service centers for independent living\npursuant to article twenty-three-A of this chapter.\n 9
ne thousand two of this\nchapter except that no economic need test will be applied as a condition\nfor furnishing the following vocational rehabilitation services: (a)\nevaluation, including diagnostic and related services; (b) counseling\nand guidance; and (c) placement.\n 8. To supervise and monitor service centers for independent living\npursuant to article twenty-three-A of this chapter.\n 9. To contract with not-for-profit organizations for the provision of\nsupported employment services, as defined in subdivision twelve of\nsection ten hundred two of this article, to individuals having severe\ndisabilities defined in subdivision fourteen of section one thousand two\nof this article in integrated work settings. The commissioner shall\nensure that funds provided pursuant to this subdivision are not used for\nthe provision of services that are the responsibility of other state\nagencies pursuant to the plan developed pursuant to subdivision two of\nsection one thousand four-b of this article. Services shall be provided\nat a cost not to exceed that which is necessary and reasonable, and\nshall include short-term intensive and extended support mechanisms\nwithin an integrated work setting. The commissioner shall require\nservice providers to develop appropriate policies and procedures for\ndirecting their supported employment programs, and to provide such\nreports as the commissioner deems to be appropriate.\n