N.Y. Educ. Law § 4213
In accordance with the provisions of the charter of the New York Institute for Special Education, and amendments thereto, as issued by the board of regents, children with handicapping conditions, other than handicapping conditions which would establish eligibility for appointment to the schools enumerated in this article, shall be eligible for appointment to the New York Institute for Special Education as state pupils. The provisions of this article shall apply but not necessarily be limited to the appointment, education, maintenance and support of such pupils. Such pupils eligible for appointment, pursuant to this section, shall be persons over five and under twenty-one years of age who have not received a high school diploma.
N.Y. Educ. Law § 4213