STATE OF NEW YORK
________________________________________________________________________
2531
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to providing an annual
growth amount for tuition and regional rate reimbursement for approved
school-age and preschool special education programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 4003 of the education law, as
2 amended by chapter 947 of the laws of 1981, is amended to read as
3 follows:
4 2. The director of the budget, in consultation with the commissioner
5 [of education], the commissioner of social services, the commissioner of
6 health, the commissioner of mental health, and any other state agency or
7 other source [he] the director of the budget may deem appropriate, shall
8 approve reimbursement methodologies for tuition and maintenance. Any
9 modification in any such methodology which has previously been approved
10 shall be subject to the approval of the director of the budget. Tuition
11 and/or fee for service rates approved for the two thousand twenty-five-
12 -two thousand twenty-six school year and thereafter for special services
13 or programs provided to school-age students by approved private residen-
14 tial or nonresidential schools for the education of students with disa-
15 bilities that are located within the state, by special act school
16 districts, and by July and August programs for students with disabili-
17 ties approved pursuant to section forty-four hundred eight of this
18 title, and for special services or programs provided to preschool
19 students by programs serving preschool students with disabilities
20 approved pursuant to section forty-four hundred ten of this title
21 including, but not limited to, special class and special class in an
22 integrated setting programs, multi-disciplinary evaluation programs,
23 special education itinerant services, and preschool transportation
24 services for which tuition and/or fee for service rates are determined,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05740-01-5
A. 2531 2
1 shall grow by a percentage equal to the greater of: (i) the difference
2 of the quotient arrived at when dividing the statewide apportionments
3 for general support for public schools, as defined in subdivision one of
4 section thirty-six hundred nine-a of this chapter, for the current year
5 by such apportionments for the base year, as such terms are defined in
6 subdivision one of section thirty-six hundred two of this chapter, as is
7 computed based on an electronic filing data file used to produce the
8 school aid computer for the current year, less one; or (ii) zero.
9 § 2. Paragraph c of subdivision 4 of section 4405 of the education
10 law, as amended by chapter 82 of the laws of 1995, is amended to read as
11 follows:
12 c. The director of the budget, in consultation with the commissioner
13 [of education], the commissioner of social services, and any other state
14 agency or other source the director may deem appropriate, shall approve
15 reimbursement methodologies for tuition and for maintenance. Any modifi-
16 cation in the approved reimbursement methodologies shall be subject to
17 the approval of the director of the budget. [Notwithstanding any other
18 provision of law, rule or regulation to the contrary, tuition rates
19 established for the nineteen hundred ninety-five--ninety-six school year
20 shall exclude the two percent cost of living adjustment authorized in
21 rates established for the nineteen hundred ninety-four--ninety-five
22 school year.] Tuition and/or fee for service rates approved for the two
23 thousand twenty-five--two thousand twenty-six school year and thereafter
24 for special services or programs provided to school-age students by
25 approved private residential or nonresidential schools for the education
26 of students with disabilities that are located within the state, by
27 special act school districts, and by July and August programs for
28 students with disabilities approved pursuant to section forty-four
29 hundred eight of this article, and for special services or programs
30 provided to preschool students by programs serving preschool students
31 with disabilities approved pursuant to section forty-four hundred ten of
32 this article including, but not limited to, special class and special
33 class in an integrated setting programs, multi-disciplinary evaluation
34 programs, special education itinerant services, and preschool transpor-
35 tation services for which tuition and/or fee for service rates are
36 determined, shall grow by a percentage equal to the greater of: (i) the
37 difference of the quotient arrived at when dividing the statewide appor-
38 tionments for general support for public schools, as defined in subdivi-
39 sion one of section thirty-six hundred nine-a of this chapter, for the
40 current year by such apportionments for the base year, as such terms are
41 defined in subdivision one of section thirty-six hundred two of this
42 chapter, as is computed based on an electronic filing data file used to
43 produce the school aid computer for the current year, less one; or (ii)
44 zero.
45 § 3. This act shall take effect immediately.
