N.Y. Laws » CHAPTER Education / TITLE Special Schools and Instruction / ARTICLE Children With Disabilities
New York Consolidated Laws

N.Y. Education Law § 4407 (2026)

Special provisions relating to instruction of certain children with disabilities

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 4407. Special provisions relating to instruction of certain children
with disabilities. 1. When it shall appear to the satisfaction of the
department that a child with a disability is not receiving instruction
because there are no appropriate public or private facilities for
instruction of such a child within this state because of the unusual
type of the disability or combination of disabilities as certified by
the commissioner, the school district of which each such pupil is a
resident is authorized to contract with an educational facility located
outside the state, which, in the judgment of the department, can meet
the needs of such child for instruction. Contracts, rates, payments and
reimbursements pursuant to this section shall be in accordance with
section forty-four hundred five of this article.
  2. The state education department shall maintain a register of such
educational facilities which are outside of the state which, after
inspection, it deems qualified to meet the needs of certain children for
instruction pursuant to subdivision one of this section.
  3. Notwithstanding the location of the educational facility, if a
child meets the eligibility requirements of subdivision one of this
section and has, prior to July first, nineteen hundred seventy-six
received support under this section of law by attending an educational
facility within the state, such child shall be allowed to continue such
attendance. The provisions of subdivision one of this section shall
apply to such child as though such child was in attendance at an
out-of-state educational facility.
  4. The school district of which such a child is a resident at the time
of admission to such an educational facility shall be required to
reimburse the state on account of any expenditure made by the state for
such child pursuant to subdivision one or three of this section. For the
school year commencing July first, nineteen hundred seventy-seven and
continuing through the nineteen hundred eighty-eight -- eighty-nine
school year, such reimbursement shall be an amount equal to the school
district basic contribution defined in subdivision eight of section
forty-four hundred one of this article. After the close of the school
year for which such reimbursement is due, the comptroller may deduct
from any state funds which become due to a school district an amount
equal to the reimbursement required to be made by such school district
in accordance with this subdivision, and the amount so deducted shall
not be included in the operating expense of such district for the
purposes of computing the apportionment for operating expense pursuant
to subdivision eleven of section thirty-six hundred two of this chapter.
  5. The commissioner shall prescribe the form for the contracts between
the school districts and the educational facilities which contracts
shall include a unified statewide payment schedule. For the nineteen
hundred eighty-nine--ninety school year, such contracts shall be deemed
to be in effect as of July first, nineteen hundred eighty-nine.
Notes of Decisions
Cited in 6 cases, 1986–2019 · leading case: Bryant Ex Rel. D.B. v. New York State Educ. Dep't, 692 F.3d 202 (2d Cir. 2012).
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Bryant Ex Rel. D.B. v. New York State Educ. Dep't, 692 F.3d 202 (2d Cir. 2012). · cites it 3× “See N.Y. Educ. Law §§ 4407 (1)(a), 12 4401(2)(f), (h) (providing that New York students with 13 disabilities who cannot obtain an appropriate education in 14 New York may attend an out-of-state facility that the 15 Education Department determines can meet the child’s 16 needs).”
Bd. of Educ. of Monroe-Woodbury Cent. Sch. Dist. v. Wieder, 527 N.E.2d 767 (N.Y. 1988). “The Education Law permits contracts with private facilities, even out-of-State facilities, where such services are deemed necessary for a child’s appropriate education (Education Law § 4407). From the scope of services and programs, it is plain that not all services can even be…”
Semel v. Ambach, 118 A.D.2d 385 (N.Y. App. Div. 1st Dep't 1986). “The Department of Education is authorized to contract with educational facilities outside the State when there are no appropriate public or private facilities within the State (Education Law § 4407 [1] [a]). Neither the COH nor the local Board of Education is authorized to…”
Esther C. v. Ambach, 142 A.D.2d 94 (N.Y. App. Div. 3d Dep't 1988). “Supreme Court converted the proceeding into an action for a declaratory judgment and awarded judgment in favor of plaintiffs, declaring that the determination of the Commissioner to discontinue tuition payments was based upon an erroneous interpretation of Education Law § 4407…”
Judge Rotenberg Educ. Ctr. v. Maul, 230 A.D.2d 278 (N.Y. App. Div. 3d Dep't 1997). “00; compare, Education Law § 4407 [1] [a]). Prior to 1995, the problem of "transitional care” funding for young adults who had not yet secured an appropriate adult placement and *280 remained in a children’s program for which they were no longer eligible was addressed on an ad…”
Matter of Academy v. New York State Educ. Dept., 2019 NY Slip Op 1465 (N.Y. App. Div. 3d Dep't 2019). “Further, Education Law § 4407 demonstrates that the Legislature knows how to be explicit when it intends to allow reimbursement for educational services provided beyond the borders of the state.”
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