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A03551 Summary:

BILL NO    A03551A

SAME AS    SAME AS S06491

SPONSOR    Abinanti

COSPNSR    Kearns

MLTSPNSR   

Amd S3602, Ed L

Phases in over five years full state funding of school district costs for
school age children receiving special education programs and services; requires
school districts to reduce their real property tax levy in an amount equal to
the increase in state assistance.
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A03551 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3551--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced by M. of A. ABINANTI, KEARNS -- read once and referred to the
         Committee on Education -- recommitted to the Committee on Education in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee

       AN  ACT  to  amend the education law, in relation to state assistance to
         school districts for each school age child receiving special education
         programs and services

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Legislative  findings  and purpose. The legislature finds
    2  that the costs to school districts and, indirectly, to real property tax
    3  payers for providing special education programs and services is increas-
    4  ingly a burden making the essential educational mission  more  difficult
    5  to  carry out. The legislature further finds that special education is a
    6  health based service and should more appropriately be borne by the state
    7  government. Therefore, it is the purpose of this act  to  phase-in  over
    8  five  years the assumption by the state of the costs to school districts
    9  for each child receiving special education programs and services and  to
   10  provide that school property taxes be reduced accordingly.
   11    S  2.  Section  3602  of  the education law is amended by adding a new
   12  subdivision 21 to read as follows:
   13    21. SPECIAL SUPPLEMENTAL APPORTIONMENT FOR SCHOOL AGE CHILDREN RECEIV-
   14  ING SPECIAL EDUCATION PROGRAMS  AND  SERVICES.  A.  NOTWITHSTANDING  ANY
   15  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, EACH SCHOOL DISTRICT SHALL
   16  RECEIVE A SPECIAL SUPPLEMENTAL APPORTIONMENT  FOR  SCHOOL  AGE  CHILDREN
   17  RECEIVING  SPECIAL EDUCATION PROGRAMS AND SERVICES BEGINNING JULY FIRST,
   18  TWO THOUSAND FIFTEEN AND THEREAFTER AS PROVIDED HEREIN. AS USED IN  THIS
   19  SUBDIVISION, THE BASE YEAR APPORTIONMENT SHALL BE THE AMOUNT PAYABLE FOR
   20  EACH  SCHOOL DISTRICT'S CLAIMS FOR SCHOOL AGE CHILDREN RECEIVING SPECIAL
   21  EDUCATION PROGRAMS AND SERVICES  FOR  THE  SCHOOL  YEAR  BEGINNING  JULY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05855-02-4
       A. 3551--A                          2

    1  FIRST, TWO THOUSAND FOURTEEN.  FOR THE SCHOOL YEAR BEGINNING JULY FIRST,
    2  TWO THOUSAND FIFTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR
    3  APPORTIONMENT  PLUS  NOT  LESS  THAN  TWENTY  PERCENT  OF THE DIFFERENCE
    4  BETWEEN  SUCH  APPORTIONMENT  AND  ITS  TOTAL COST FOR SPECIAL EDUCATION
    5  PROGRAMS. FOR  THE  SCHOOL  YEAR  BEGINNING  JULY  FIRST,  TWO  THOUSAND
    6  SIXTEEN,  EACH  SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTION-
    7  MENT PLUS NOT LESS THAN FORTY PERCENT OF  THE  DIFFERENCE  BETWEEN  SUCH
    8  APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE
    9  SCHOOL  YEAR  BEGINNING  JULY  FIRST, TWO THOUSAND SEVENTEEN EACH SCHOOL
   10  DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS  THAN
   11  SIXTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL
   12  COST  FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY
   13  FIRST, TWO THOUSAND EIGHTEEN, EACH SCHOOL DISTRICT SHALL  RECEIVE  THEIR
   14  BASE YEAR APPORTIONMENT PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFER-
   15  ENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION
   16  PROGRAMS.  FOR  THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND NINE-
   17  TEEN AND THEREAFTER, EACH  SCHOOL  DISTRICT  RECEIVES  AN  APPORTIONMENT
   18  EQUAL TO ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS.
   19    B.  SCHOOL  DISTRICTS  SHALL  APPLY  THE  INCREMENTS  IN APPORTIONMENT
   20  RECEIVED PURSUANT TO THIS SUBDIVISION TO REDUCING THEIR  TAX  LEVY  FROM
   21  REAL  PROPERTY TAXES. FOR EACH TAXABLE YEAR AFTER THE SPECIAL APPORTION-
   22  MENTS COMMENCE, EACH SCHOOL DISTRICT SHALL CERTIFY TO  THE  COMMISSIONER
   23  THAT IT HAS MADE THE REDUCTION TO ITS REAL PROPERTY TAX LEVY AS REQUIRED
   24  BY THIS PARAGRAPH.
   25    C.  THE  LEGISLATURE  SHALL  ANNUALLY APPROPRIATE AN AMOUNT WITHIN THE
   26  APPROPRIATION FOR GENERAL  SUPPORT  FOR  PUBLIC  SCHOOLS  SUFFICIENT  TO
   27  SUPPORT ALL AID PAYMENTS INCURRED PURSUANT TO PARAGRAPH A OF THIS SUBDI-
   28  VISION.
   29    S 3. This act shall take effect immediately.
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