§ 4401. Definitions. As referred to in this article. * 1. A "child\nwith a disability" or "student with a disability" means a person under\nthe age of twenty-one who is entitled to attend public schools pursuant\nto section thirty-two hundred two of this chapter and who, because of\nmental, physical or emotional reasons can only receive appropriate\neducational opportunities from a program of special education. Such term\ndoes not include a child whose educational needs are due primarily to\nunfamiliarity with the English language, environmental, cultural or\neconomic factors. Lack of appropriate instruction in reading, including\nin the essential components of reading instruction as defined in\nsubsection three of section twelve hundred eight of the elementary and\nsecondary education act of nineteen hundred sixty-five, or lack of\nappropriate instruction in mathematics or limited English proficiency\nshall not be the determinant factor in identifying a student as a\nstudent with a disability. "Special education" means specially designed\ninstruction which includes special services or programs as delineated in\nsubdivision two of this section, and transportation, provided at no cost\nto the parents to meet the unique needs of a child with a disability. A\n"child with a handicapping condition" means a child with a disability.\n * NB Effective until June 30, 2027\n * 1. A "child with a disability" or "student with a disability" means\na person under the age of twenty-one who is entitled to attend public\nschools pursuant to section thirty-two hundred two of this chapter and\nwho, because of mental, physical or emotional reasons can only receive\nappropriate educational opportunities from a program of special\neducation. Such term does not include a child whose educational needs\nare due primarily to unfamiliarity with the English language,\nenvironmental, cultural or economic factors. Lack of instruction in\nreading or mathematics or limited English proficiency shall not be the\ndeterminant factor in identifying a student as a student with a\ndisability. "Special education" means specially designed instruction\nwhich includes special services or programs as delineated in subdivision\ntwo of this section, and transportation, provided at no cost to the\nparents to meet the unique needs of a child with a disability. A "child\nwith a handicapping condition" means a child with a disability.\n * NB Effective June 30, 2027\n 2. "Special services or programs". For purposes of this article,\nspecial services or programs shall mean the following:\n a. Special classes, transitional support services, resource rooms,\ndirect and indirect consultant teacher services, transition services as\ndefined in subdivision nine of this section, assistive technology\ndevices as defined under federal law, travel training, home instruction,\nand special teachers to include itinerant teachers as provided by the\nschools of the district of residence with such terms and services to be\ndefined by regulations of the commissioner.\n b. Contracts with other districts for special services or programs.\n c. Contracts with or special services or programs provided by boards\nof cooperative educational services.\n d. Appointment by the commissioner to a state school in accordance\nwith article eighty-seven or eighty-eight of this chapter or a\nstate-supported school in accordance with article eighty-five of this\nchapter.\n e. Contracts with private non-residential schools which have been\napproved by the commissioner and which are within the state for special\nservices or programs.\n f. Contracts with private non-residential schools which have been\napproved by the commissioner and which are outside of the state for\nspecial services or programs.\n g. Contracts with private residential schools which have been approved\nby the commissioner and which are within the state for special services\nor programs.\n h. Contracts with private residential schools w
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