STATE OF NEW YORK
________________________________________________________________________
10439--A
IN ASSEMBLY
April 23, 2018
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to interim rates to reim-
burse special education schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a and c of subdivision 4 of section 4405 of the
2 education law, paragraph a as amended by chapter 53 of the laws of 1990
3 and paragraph c as amended by chapter 82 of the laws of 1995, are
4 amended to read as follows:
5 a. The commissioner [of education] and the commissioner of social
6 services shall develop reimbursement methodologies for the tuition and
7 maintenance components of approved private schools and special act
8 school districts. The commissioner [of education], in consultation with
9 the appropriate state agencies and departments, shall have responsibil-
10 ity for developing a reimbursement methodology for tuition which shall
11 be based upon appropriate educational standards promulgated pursuant to
12 regulations of the commissioner [of education]. Notwithstanding any
13 other provision of law, rule or regulation to the contrary, the commis-
14 sioner shall, as part of the reimbursement methodology for the tuition
15 approval process, include the use of interim plus rates consisting of a
16 carryforward of the most recent certified rate issued for the two thou-
17 sand thirteen--two thousand fourteen school year or thereafter, plus an
18 amount representing approved growth for special act school districts as
19 defined in section four thousand one of this article, approved preschool
20 special education programs pursuant to section forty-four hundred ten of
21 this article and approved private residential or non-residential schools
22 for the education of students with disabilities including private
23 schools established under chapter eight hundred fifty-three of the laws
24 of nineteen hundred seventy-six provided that interim plus tuition rates
25 shall only be issued where the corresponding program or school is in
26 compliance with the fiscal reporting requirements promulgated by the
27 commissioner. The commissioner of social services, in consultation with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15296-06-8
A. 10439--A 2
1 appropriate state agencies and departments, shall have responsibility
2 for developing a reimbursement methodology for maintenance, pursuant to
3 section three hundred ninety-eight-a of the social services law and the
4 regulations promulgated thereunder.
5 c. The director of the budget, in consultation with the commissioner
6 [of education], the commissioner of social services, and any other state
7 agency or other source the director may deem appropriate, shall approve
8 reimbursement methodologies for tuition and for maintenance. Any modifi-
9 cation in the approved reimbursement methodologies shall be subject to
10 the approval of the director of the budget. Notwithstanding any other
11 provision of law, rule or regulation to the contrary, tuition rates
12 established for the nineteen hundred ninety-five--ninety-six school year
13 shall exclude the two percent cost of living adjustment authorized in
14 rates established for the nineteen hundred ninety-four--ninety-five
15 school year. Notwithstanding any other provision of law, rule or regu-
16 lation to the contrary, the director of the budget shall, as part of the
17 reimbursement methodology for the tuition approval process, include the
18 use of interim plus rates consisting of a carryforward of the most
19 recent certified rate issued for the two thousand thirteen--two thousand
20 fourteen school year or thereafter, plus an amount representing approved
21 growth for special act school districts as defined in section four thou-
22 sand one of this article, approved preschool special education programs
23 pursuant to section forty-four hundred ten of this article and approved
24 private residential or non-residential schools for the education of
25 students with disabilities including private schools established under
26 chapter eight hundred fifty-three of the laws of nineteen hundred seven-
27 ty-six provided that interim plus tuition rates shall only be issued
28 where the corresponding program or school is in compliance with the
29 fiscal reporting requirements promulgated by the commissioner.
30 § 2. This act shall take effect immediately.
