BILL NO A03551
SAME AS No same as
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
3551
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Education
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 FOURTEEN 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
22 FIRST, TWO THOUSAND THIRTEEN. FOR THE SCHOOL YEAR BEGINNING JULY FIRST,
23 TWO THOUSAND FOURTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE
24 YEAR APPORTIONMENT PLUS NOT LESS THAN TWENTY PERCENT OF THE DIFFERENCE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05855-01-3
A. 3551 2
1 BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION
2 PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND
3 FIFTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTION-
4 MENT PLUS NOT LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN SUCH
5 APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE
6 SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN EACH SCHOOL
7 DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS THAN
8 SIXTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL
9 COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY
10 FIRST, TWO THOUSAND SEVENTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR
11 BASE YEAR APPORTIONMENT PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFER-
12 ENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION
13 PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND EIGH-
14 TEEN AND THEREAFTER, EACH SCHOOL DISTRICT RECEIVES AN APPORTIONMENT
15 EQUAL TO ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS.
16 B. SCHOOL DISTRICTS SHALL APPLY THE INCREMENTS IN APPORTIONMENT
17 RECEIVED PURSUANT TO THIS SUBDIVISION TO REDUCING THEIR TAX LEVY FROM
18 REAL PROPERTY TAXES. FOR EACH TAXABLE YEAR AFTER THE SPECIAL APPORTION-
19 MENTS COMMENCE, EACH SCHOOL DISTRICT SHALL CERTIFY TO THE COMMISSIONER
20 THAT IT HAS MADE THE REDUCTION TO ITS REAL PROPERTY TAX LEVY AS REQUIRED
21 BY THIS PARAGRAPH.
22 C. THE LEGISLATURE SHALL ANNUALLY APPROPRIATE AN AMOUNT WITHIN THE
23 APPROPRIATION FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS SUFFICIENT TO
24 SUPPORT ALL AID PAYMENTS INCURRED PURSUANT TO PARAGRAPH A OF THIS SUBDI-
25 VISION.
26 S 3. This act shall take effect immediately.
