N.Y. MHY Law § 33.11

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