§ 4355. Admission. All deaf or blind and deaf children between the age\nof three years and twenty-one years and of suitable capacity for\ninstruction who are legal residents of the state shall be eligible for\nappointment to the New York state school for the deaf without charge for\nsuch 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 or committee on preschool special education of the\nchild's school district of residence, as applicable; or (ii) where the\nparents of a school age child make application directly to the\ncommissioner or the school, upon recommendation of the school's\nmultidisciplinary team in accordance with the joint placement procedures\nestablished in this section.\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\nor committee on preschool special education of the child's school\ndistrict of residence, the school shall immediately notify such school\ndistrict of such application. Notwithstanding any inconsistent provision\nof law, the school shall make available to such school district of\nresidence, upon request, all records in its possession relating the\nevaluation, placement and educational performance of each child who has\napplied for admission or is attending the school, including the results\nof any current evaluations of such child.\n b. Prior to any meeting of its multidisciplinary team to develop an\nindividualized education program for a school age child, either upon\ninitial admission to the school or in an annual review, the school shall\nnotify the school district of residence of such meeting and shall offer\nthe district 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 multidisciplinary\nteam, they shall be entitled to prepare a dissenting opinion on the\nplacement recommendation and to submit such opinion to the commissioner\nfor consideration in determining whether to appoint
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