N.Y. EDN Law § 4204-A

§ 4204-a. Deaf-infant program. (1) All deaf children resident in this\nstate, below the age of three, of suitable age and capacity, who shall\nhave been resident in this state for one year immediately preceding the\napplication, or is an orphan whose nearest friend shall have been\nresident in this state for one year immediately preceding the\napplication, shall be eligible to receive approved educational services\nin one of the institutions for instruction for the deaf of the state as\nenumerated in section forty-two hundred one of this article, as well as\nin such educational programs or other like facilities which shall, in\nthe discretion of the commissioner, be certified as eligible to receive\nsuch pupils on a day basis only; provided, however, the foregoing\nrequirement as to length of residence in this state may be waived in the\ndiscretion of the commissioner. Such children who are first eligible for\nservices pursuant to section forty-four hundred ten of this title whose\nparents or persons in parental relationship elect to have them continue\nto receive services pursuant to this section may do so through August\nthirty-first of the calendar year in which such child turns three.\n (2) Each deaf pupil so received into any of the approved institutions\nor facilities aforesaid shall be provided with tuition; and the\ndirectors of the institution or facility shall receive an appropriation\nfor each pupil so provided for, in quarterly payments, to be paid by the\ncommissioner of taxation and finance on the warrant of the comptroller,\nto the treasurer of said institution or facility, on his presenting a\nbill showing the actual time and number of pupils in attendance, which\nbill shall be signed by the chief executive officer of the institution,\nand verified under his oath.\n (3) Children placed in any such approved institution or facility,\npursuant to this section, shall be maintained therein on a day basis\nonly at the expense of the state for the period of time the school is in\nsession. Further, the commissioner shall approve such expense only if\nthe child attends the facility nearest his legal residence; provided,\nhowever, that the foregoing requirement as to the facility the child\nshall attend may be waived in the discretion of the commissioner.\n (4) The commissioner shall promulgate such rules and regulations\npertaining to the educational programs for deaf children placed in\nfacilities under the provisions of this section as he shall deem to be\nin the best interests of such children.\n (5) The department shall maintain a register of such approved\ninstitutions or facilities which, after inspection, it deems qualified\nto meet the needs of such child for instruction of such child in such\ninstitution or facility. Such inspection shall also determine the\neligibility of such educational facility to receive the funds\nhereinbefore specified.\n