Creates the calculation by which to determine yearly tuition and regional rate reimbursement for approved school-age and preschool special education programs.
STATE OF NEW YORK
________________________________________________________________________
8013
2021-2022 Regular Sessions
IN ASSEMBLY
June 4, 2021
___________
Introduced by M. of A. BENEDETTO -- (at request of the State Education
Department) -- 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. Paragraph c of subdivision 4 of section 4405 of the educa-
2 tion law, as amended by chapter 82 of the laws of 1995, is amended to
3 read as follows:
4 c. The director of the budget, in consultation with the commissioner
5 [of education], the commissioner of social services, and any other state
6 agency or other source the director may deem appropriate, shall approve
7 reimbursement methodologies for tuition and for maintenance. Any modifi-
8 cation in the approved reimbursement methodologies shall be subject to
9 the approval of the director of the budget. [Notwithstanding any other
10 provision of law, rule or regulation to the contrary, tuition rates
11 established for the nineteen hundred ninety-five--ninety-six school year
12 shall exclude the two percent cost of living adjustment authorized in
13 rates established for the nineteen hundred ninety-four--ninety-five
14 school year.] Tuition and/or regional rates approved for the two thou-
15 sand twenty-one--two thousand twenty-two school year and thereafter for
16 special services or programs provided to school-age students by approved
17 private residential or non-residential schools for the education of
18 students with disabilities that are located within the state, by special
19 act school districts, and by July and August programs for students with
20 disabilities approved pursuant to section forty-four hundred eight of
21 this article, and for special services or programs provided to preschool
22 students by programs serving preschool students with disabilities
23 approved pursuant to section forty-four hundred ten of this article
24 including, but not limited to, special class and special class in an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08508-04-1
A. 8013 2
1 integrated setting programs, multi-disciplinary evaluation programs,
2 special education itinerant services, and preschool transportation
3 services for which tuition and/or regional rates are determined, shall
4 grow by a percentage equal to the greater of: (i) the difference of the
5 quotient arrived at when dividing the statewide apportionments for
6 general support for public schools, as defined in subdivision one of
7 section thirty-six hundred nine-a of this chapter, for the current year
8 by such apportionments for the base year, as such terms are defined in
9 subdivision one of section thirty-six hundred two of this chapter, as
10 computed based on an electronic data file used to produce the school aid
11 computer listing produced by the commissioner in support of the enacted
12 budget for the current year, less one; or (ii) zero.
13 § 2. This act shall take effect immediately.
