§ 4308. Admission. 1. All blind or blind and deaf or blind and\ncerebral palsied children of suitable age and capacity for instruction,\nwho are legal residents of the state, shall be eligible for appointment\nto the New York State School for the Blind, without charge, and for such\na period of time in each individual case as may be set by the\ncommissioner, either: (i) upon the recommendation of the committee on\nspecial education of the child's school district of residence; or (ii)\nwhere the child is placed by a state agency in an intermediate care\nfacility in such school pursuant to paragraph d of subdivision five of\nsection thirty-two hundred two of this chapter, upon recommendation of\nthe committee on special education of the school district in which the\nintermediate care facility is located; or (iii) where the parents make\napplication directly to the commissioner or the school, upon\nrecommendation of the school's multidisciplinary team in accordance with\nthe joint placement procedures established in subdivision two of this\nsection.\n 2. a. Upon receipt of an application for admission of a child who has\nnot been recommended for placement by the committee on special education\nof the child's school district of residence, the school shall\nimmediately notify such school district of such application.\nNotwithstanding any inconsistent provision of law, the school shall make\navailable to such school district of residence, upon request, all\nrecords in its possession relating the evaluation, placement and\neducational performance of each child who has applied for admission or\nis attending the school, including the results of any current\nevaluations of such child.\n b. Prior to any meeting of its multidisciplinary team to develop an\nindividualized education program for a child, either upon initial\nadmission to the school or in an annual review, the school shall notify\nthe school district of residence of such meeting and shall offer the\ndistrict the opportunity to identify and present to the\nmultidisciplinary team, an alternative placement recommendation for\nservices in the least restrictive environment. In addition, such notice\nshall advise the school district of its right to appoint additional\nmembers to the multidisciplinary team pursuant to paragraph c of this\nsubdivision. The multidisciplinary team shall consider such alternative\nand, if it rejects the alternative, shall include in its recommendation\na statement of its reasons for doing so.\n c. In addition to the members required for a committee on special\neducation pursuant to subdivision one of section forty-four hundred two\nof this chapter, the school's multidisciplinary team may include\nadditional members appointed by the board of education of the school\ndistrict of residence pursuant to this paragraph, and shall include such\nmembers if appointed by such board of education. For each member\nappointed by the school, the school district may appoint a corresponding\nmember, including a representative of the committee on special education\nwho is qualified to teach or supervise special education, a school\npsychologist, the child's teacher, a parent member, a physician where\nthe parent requests attendance of the physician member, and, for a child\nwho has been evaluated for the first time, a person who is knowledgeable\nabout the evaluation procedures used with the child and familiar with\nthe results of the evaluation. The commissioner shall determine the\nlocation at which the multidisciplinary team meeting will be held. In\nthe event of a tie vote on the multidisciplinary team, the parents shall\ncast the deciding vote.\n d. The majority of the multidisciplinary team shall state the reasons\nfor its recommendation, and submit such recommendation to the\ncommissioner for consideration in determining whether to appoint the\nchild. If the representatives appointed by the school district of\nresidence disagree with the recommendation of the
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