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A03854 Summary:

BILL NOA03854
 
SAME ASSAME AS S06000
 
SPONSORAbinanti
 
COSPNSRZinerman
 
MLTSPNSR
 
 
Provides that certain schools shall experience no financial harm for reduced enrollment or inability to operate for the 2020-2021 school year due to the outbreak of coronavirus disease 2019 (COVID-19).
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A03854 Actions:

BILL NOA03854
 
01/28/2021referred to education
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A03854 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3854
 
SPONSOR: Abinanti
  TITLE OF BILL: An act in relation to providing that certain schools shall experience no financial harm for reduced enrollment due to the outbreak of coronavirus disease 2019 (COVID-19)   PURPOSE OR GENERAL IDEA OF BILL: This bill ensures that certain schools serving students with disabili- ties experience no financial harm for reduced enrollment due to the outbreak of coronavirus disease 2019 (COVID-19).   SUMMARY OF PROVISIONS: Section 1 provides that if as a result of the state emergency executed in Executive Order No. 202 on March 7, 2020, approved private schools serving students with disabilities subject to articles 81 and 89 of the education law, special act school districts, state supported schools pursuant to article 85 of the education law, and approved preschool special class and special class in an integrated setting programs pursu- ant to section 4410 of the education law experience a reduction in enrollment during the 2020-2021 school year, the per diem and/or tuition rate shall be administratively adjusted by the state education depart- ment, with no approval required by the division of budget, so that such schools experience no financial harm for reduced enrollment. Section 2 is the effective date.   JUSTIFICATION: The COVID-19 pandemic has upended the delivery of educational instruc- tion and services to all students resulting in in-person instruction, remote instruction or a combination thereof, with regular changes in the mode of instruction depending on the impacts of the virus at schools. The ability to provide instruction and other services to students with disabilities enrolled in special education schools has been even more challenging, resulting in decreased enrollment for many of these schools. This is due to a variety of reasons, including the challenges associated with providing housing during the pandemic for the many students that have residential placements. While the housing is provided by the agencies associated with the special education schools, if the pandemic requires the closing of residences to protect student and staff this often impacts the school's enrollment. Some of these students may not be able to receive remote instruction resulting in an enrollment reduction for these special education schools. In addition, many of these schools have experienced reduced enrollment due to concerns of schools, agencies and parents that place these students and have chosen not to place students in a residential setting. The students placed in these programs have significant special needs that cannot be appropriately addressed in a traditional public-school setting. It is critical to ensure that these non-traditional schools that serve students with disabilities be able to continue providing these critical educational and related critical services for their students during the pandemic and those that will be placed when the pandemic is under control. These schools have struggled financially before the pandemic due to the complicated funding formula for these schools. They should not be further financially harmed by losing funding due to decreased enrollment during the pandemic. This bill will the per diem and/or tuition rate to be administratively adjusted to ensure necessary continued funding for these special education schools during the COVID-19 state of emergency for the 2020-21 school year so they can continue to serve these students with special needs.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately
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A03854 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3854
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Education
 
        AN ACT in relation to providing that certain schools shall experience no
          financial harm for reduced enrollment due to the outbreak of coronavi-
          rus disease 2019 (COVID-19)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Notwithstanding any provision of law or regulation to  the
     2  contrary,  if as a result of the state of emergency that was executed in
     3  Executive Order No. 202 on March 7, 2020, approved private schools serv-
     4  ing students with disabilities subject to articles  81  and  89  of  the
     5  education  law,  special  act  school districts, state supported schools
     6  pursuant to article 85 of the  education  law,  and  approved  preschool
     7  special class and special class in an integrated setting programs pursu-
     8  ant  to  section  4410  of  the  education law experience a reduction in
     9  enrollment during the 2020-2021 school year, the per diem and/or tuition
    10  rate shall be administratively adjusted by the state  education  depart-
    11  ment,  with  no approval required by the division of the budget, so that
    12  such schools experience no financial harm for reduced enrollment.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07557-01-1
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