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proved [special] services programs provided to preschool children pursuant to this section. [For preschool children in residential placements, the commissioner of social services shall annually determine the maintenance rate.) Such rates for providers of such services and programs shall be determined in conformance with a methodology established pursuant to subdivision four of section forty-four hundred five of this article after consultation with and a review of an annual report prepared by the advisory committee established pursuant to paragraph of subdivision twelve of this section and shall be subject to the approval of the director of the budget.

b. [For the nineteen hundred eighty-nine-ninety school year, the commissioner shall establish interim tuition rates for approved preschools, subject to the approval of the director of the budget, which shall be based upon the tuition rate in effect for each such preschool program on June thirtieth, nineteen hundred eighty-nine. The commissioner shall adjust such interim rates to the extent he deems it necessary and reasonable, subject to the approval of the director of the budget. The commissioner shall establish budget-based rates for new programs subject to approval by the director of the budget.

c.] Reimbursement for evaluations conducted by approved evaluators shall be provided pursuant to regulations of the commissioner after consultation with the advisory Committee established pursuant to paragraph a of subdivision twelve of this section and shall be subject to approval by the director of the budget.

[d] c. Approved costs for transportation shall be the costs incurred by the municipality in accordance with the provisions of subdivision eight of this section.

(e) d. (i) At the beginning of the school year, the commissioner shall
[distribute) allocate funds for reimbursement of allowable administra-
tive costs, as defined in regulations of the commissioner, incurred by a
board pursuant to this section. Such [distribution] allocation shall be
in an
amount equal to school district's

pro

rata share of the statewide base year (preschool] count of preschool children as a percent of [the] federal funds available for such [purpose) reimbursement, [all] as determined by the commissioner. In January of

any school year which additional federal funds are determined by the commissioner to be available [based upon estimated growth adjustments] for such reimbursement, the commissioner shall [distribute additional] equitably allocate such funds for reimbursement of allowable administrative costs (based upon

a school districts pro rata share of actual growth, as], in a manner determined by the commissioner which is consistent with federal statutes and regulations governing the use of federal funds, to school districts which have demonstrated a need for such additional funds. At the close of the school year for which such funds were [distributed] allocated, each board shall submit,, in a form prescribed by the commissioner,

statement of the allowable administrative costs incurred (in connection with] pursuant to this section. [The commissioner shall adjust the amount distributed to such board based on the actual allowable administrative costs. ] A board may, subject to approval of the commissioner,

submit any allowable administrative costs for which federal funds are not (received] allocated to that school district pursuant

to this subdivision to the appropriate municipality or municipalities for reimbursement pursuant to subdivision eleven of this section.

(ii) Boards may submit reasonable costs incurred pursuant to subdivision seven of this section to the appropriate municipality for reimbursement.

The municipality shall be reimbursed for payment of such costs pursuant to subdivision eleven of this section.

(iii) On or after July first, nineteen hundred ninety, and annually thereafter, municipalities shall be eligible for reimbursement for administrative cost's incurred during the preceding year of fifty dollars for each eligible preschool child served in such year pursuant to this section. Each municipality shall submit a claim in a form prescribed by the commissioner. Upon approval, reimbursement shall be made by the commissioner from appropriations

available therefor. Such reimbursement shall be made in the first instance from any

federal funds designated under federal law for local use, as determined by the commissioner, that are available after satisfying the provisions of subparagraph (í) of this paragraph. To the extent that such federal funds are not sufficient EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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or available to reimburse a municipality for such costs, reimbursement shall be made with state funds.

§ 12. Paragraphs d,e and g of subdivision 1 of section 4410-a of the education law, as added by chapter 53 of the laws of 1990 and such tion renumbered by section one of this act, are amended and a new paragraph h is added to read as follows:

d. "Municipality of current location" shall mean a municipality in which a child lives which is different from the municipality in which a child or such child's family lived at the time a social services district assumed responsibility for the placement of such child or family,

at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency.

e. "Municipality of residence" shall mean the municipality in which a child or such child's family lived at the time the local social services district assumed

responsibility for the placement of such child or family, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency.

8. "School district of current location" shall mean a school district in which a child lives which is different from the school district in which a child or such child's family lived at the time a social services district assumed responsibility for the placement of such child or family, or at the time such child was admitted for care and/or treatment in a facility licensed or operated by another state agency. h. "A facility child" shall

child residing in a facility licensed or operated by another state agency as defined by section 1.03 of the mental hygiene law or by section two of the public health law. For the purposes of subdivisions two, three and four of this section, & facility child shall be deemed to be a homeless child.

§ 13. Subdivision 1 of section 236 of the family court act, as amended by chapter 130 of the laws of 1992, is amended to read as follows:

1. This section shall apply for: (a) services provided to children with handicapping conditions as defined in subdivision one of section forty-four hundred one of the education law who were not eligible, prior to September first, nineteen hundred eighty-six, for educational vices during July' and August pursuant to article seventy-three, eightyfive, eighty-seven, eighty-eight or eighty-nine of the education law; (b) for services provided to children with handicapping conditions who meet all the criteria of subdivision one of section forty-four hundred one

of the education law except that such children are under the age of five and are not entitled to attend public schools without the payment of tuition pursuant to section thirty-two hundred two of the education law and that such children are also not eligible for educational vices pursuant to article seventy-three, eighty-five, eighty-seven, eighty-eight or eighty-nine of the education law; (c) for services provided to children with handicapping conditions who meet all the criteria of subdivision one of section forty-four hundred

of the education law except that such children are five years of age or under and: (i) are first eligible to attend public school in the nineteen hundred eighty-seven-eighty-eight or the nineteen hundred eighty-eighteighty-nine school year but are not eligible for educational services

to the education law during the months of July, and August, nineteen hundred eighty-seven or nineteen hundred eighty-eight, or (ii) are not eligible to commence a state appointment pursuant to article eighty-five, eighty-seven or eighty-eight of the education law during the months of July, and August; (d) for services provided during the nineteen hundred eighty-nine-ninety school year, pursuant to the provisions of subdivision six of section forty-four hundred ten of the education law; [and] (e) for services provided [on or after) prior to July first, nineteen hundred [eighty-nine) ninety-one to children with handi: capping conditions who [meet] met the criteria of subdivision of section forty-four hundred one of the education law except that such children Çare) were three years of age or under and (i) [are] were not eligible for services pursuant to section forty-four hundred ten of such law, or (ii) [are) were not eligible for services through state apa pointment pursuant to article eighty-five, eighty-seven or eighty-eight of such law; and (f) for services provided

or after July "first, nineteen hundred ninety-one to children with handicapping conditions who meet the criteria of subdivision one of section forty-four hundred one of the education law except that such children are three years of age or under and (i) are not eligible for services pursuant to section fortyfour hundred ten of such law, or who are first eligible for services

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pưrsuant to such section whose parents or persons in parental relation-
ship elect to have them continue to be eligible to receive services pur-
suant to this section through August thirty-first of the calendar year
in which the child turns three or (ii) are not eligible for services
through a state appointment pursuant to article eighty-five,
seven or eighty-eight of such law.

§ 14. Subdivision 3 of section 236 of the family court act, as amended
by chapter 130 of the laws of 1992, is amended to read as follows:

3. (a) Every, such order for services to be provided after September
first, nineteen hundred eighty-six which provides for the transportation
of child shall further require that such transportation shall be
provided by the county or the city of New York, as the case may be, and,
that the city of New York may delegate the authority to provide such
transportation to the board of education of such city.

(b) Such order shall further require that such transportation shall be
provided within thirty days of the issuance of such order, and, shall be
provided

part of a municipal cooperation agreement or as part of a
contract awarded to the lowest responsible bidder in accordance with the
provisions of section one hundred three of the general municipal law and
that buses and vehicles utilized in the performance of such contract
shall meet the minimum requirements for school age children as estab-
lished by the commissioner of transportation.

§ 15. This act shall take effect immediately provided that the amend-
ments made to paragraph f of subdivision 1 of section 4410 of the educa-
tion law by section 3 of this act and sections 7 and 13 of this act
shall be deemed to have been in full force and effect on and after
1, 1991; , and provided further that sections 1,, 2, 4 through 6, 9 through
iż and 14 of this act shall be deemed to have been in full force and ef-
fect on and after July 1, 1992; provided, however, that nothing con-
tained herein shall be deemed to affect the application, qualification,
expiration or repeal of any provision of law amended by any section of
this act and such provisions shall be applied or qualified or shall
pire or be deemed repealed in the same manner, to the extent and on the
same date as the case may be as otherwise provided by law.

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AN ACT to amend the education law, in relation to the use of school

houses and grounds

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Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

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Section 1. Subdivision 2 of section

414 of the education law, as
amended by chapter 536 of the laws of 1991, is amended to read
follows:

2. The trustees or board of education shall determine the terms and
conditions for such use which may include rental at least in amount
sufficient to cover all resulting, expenses for the purposes of para-
graphs (a), (b), (c), (d), (e), (8),°(i) and (j)of subdivision
this section. Any such use, pursuant to paragraphs (a), (c), (d) and (h)
of subdivision one of this section, shall not allow the exclusion of any
district

child solely because said child is not attending a district
school or not attending the district school which is sponsoring such use
or on which grounds the use is to occur.

§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 707

AN ACT to amend the social services law and the executive law, in rela

tion to making reports from the statewide central register of child abuse and maltreatment available to probation services

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Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

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Section 1. Subparagraph (k) of paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by

as amended by chapter 32 of the laws of 1992, is amended to read as follows:

(k) a probation service conducting an investigation pursuant to articlè three or seven or section six hundred fifty-three of the family court act where there is reason to suspect the child or the child's sibling may have been abused or maltreated and such child or sibling, parent, guardian or other person legally responsible for the child is a person named in an indicated report of child abuse or maltreatment and that such information is necessary for the making of a determination or recommendation to the court; or a probation service regarding & person about whom it is conducting an investigation pursuant to article three hundred ninety of the criminal procedure law, or a probation service or the state division of parole regarding a person to whom the service of division is providing supervision pursuant to article sixty of the penal law

or section two hundred fifty-nine-a of the executive law, where the subject of investigation or supervision has been convicted of felony under article one hundred twenty, one hundred twenty-five or one hundred thirty-five of the penal law or any felony or misdemeanor under articles one hundred thirty,' two hundred thirty-five, two hundred forty-five, two hundred sixty or two hundred sixty-three of the penal law, or has been indicted for any such felony and, as a result,' has been convicted of a crime under the penal law, where the service or division requests information upon a certification that such information is necessary to conduct its investigation, that there is reasonable

to believe that the subject of investigation is the subject of an indicated report and that there is reasonable cause to believe that such records are necessary to the investigation by the probation service or the state division of parole, provided, however, that only indicated reports shall be furnished pursuant to this subdivision;

& 2. The executive law is amended by adding a new section 256-a to read as follows:

§ 256-a. Providing information to child protection services. Upon a determination by a probation agency department that

its records regarding an individual presently under the supervision of the agency or department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the probation agency or department shall provide the records or portions thereof determined to be relevant to the child protective service conducting the investigation. Each probation agency or department shall make provisions for the transmission of records required to be provided under this section.

§ 3. Section 259-k of the executive law is amended by adding a new subdivision 4 to read as follows:

4. Upon a determination by the division and board of parole that its records regarding an individual presently under the supervision of the division and board are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant six of article six of the social services law, the division and board shall provide the records determined to be relevant to the child protec; tive service conducting the investigation. The division, and board shall promulgate rules for the transmission of records required to be provided under this section.

§ 4. This act shall take effect October 1, 1992.

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CHAPTER 708

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law,

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AN ACT to amend the general municipal law, the county law, the education

law, the general city law, the local finance law, the second class cities

the tax law, the town law, the village law, the workers' compensation law and the banking law, in relation to the deposit and temporary investment

of moneys of political subdivisions, and to repeal sections 6-f and 10 of the general municipal law, sections 212 and 213 of the county law, sections 1604-a, 1723-a, 2131 and 3652 of the education law and section 3-b of the general city law, relating thereto Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 7 of section 6-c of the general municipal law, as amended by chapter 524 of the laws of 1946, is amended to read follows:

7. The moneys in each such fund shall be deposited (in one or more of the banks or trust companies designated,] and secured in the manner provided by [law, depositories of the funds of such municipality) section ten of this article. The moneys in each such fund so deposited shall be kept

in a separate bank account. The governing board or the chief fiscal officer of such municipality,, if the governing board shall delegate such duty to him, may invest the moneys in each such fund in the manner provided in section (six-f] eleven of this [chapter] article. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of each such fund. The separate identity of each such fund shall be maintained, whether its assets consist of cash or investments or both.

§ 2. Subdivision 4 of section 6-d of the general municipal law, as amended by chapter 693 of the laws of

1952,

amended

to read follows:

4. The moneys in such fund shall be deposited [in one or more of the þanks or trust companies designated, and secured in the manner provided by [law,

depositaries of the funds of such municipal corporation, school district, district corporation, or improvement district] section ten of this article. The moneys in such fund so deposited shall be kept in a separate bank account. The governing board or the chief fiscal officer of such municipal corporation, school district,, district corporation or improvement district, if the governing board shall delegate such duty to him, may invest the moneys in such fund in the manner provided in section (six-f] eleven of this chapter] article. Any interest earned

capital gains realized on the moneys so deposited or invested shall accrue to and become part of such fund.

§ 3. Subdivision of section 6-e of the general municipal law, as amended by chapter 524 of the laws

of 1946, amended to read follows:

4. Moneys in such fund shall be deposited [in one or more of the banks or trust companies designated,] and secured in the manner provided by [law, as depositories of the fund of such municipality) section ten of this article. The moneys in such fund so deposited shall be kept

in a
separate bank account. The governing board or the chief fiscal officer
of such municipality, if the governing board shall delegate such duty to
him, may invest the moneys in such fund in the manner provided in sec-
tion (six-f] eleven of this chapter] article. Any interest
capital gains realized on the moneys so deposited or invested shall ac-
crue to and become part of such fund. Such board or officer shall incur
no personal liability on account of any investment made pursuant to the
provisions of this section.

$ 4. Section 6-f of the general municipal law is repealed.
§ 5.

Subdivision 6 of section 6-8 of the general municipal law, as amended by chapter 524 of the laws

of

1946, amended to read follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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