Bill Text: NY A02115 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - referred to education [A02115 Detail]

Download: New_York-2011-A02115-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2115
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced  by  M. of A. McENENY, GALEF, ENGLEBRIGHT, CLARK -- read once
         and referred to the Committee 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  TWELVE 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 ELEVEN.  FOR THE SCHOOL YEAR BEGINNING  JULY  FIRST,
   23  TWO  THOUSAND TWELVE, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR
   24  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.
                                                                  LBD01812-01-1
       A. 2115                             2
    1  BETWEEN  SUCH  APPORTIONMENT  AND  ITS  TOTAL COST FOR SPECIAL EDUCATION
    2  PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO  THOUSAND  THIR-
    3  TEEN,  EACH  SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT
    4  PLUS  NOT  LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPOR-
    5  TIONMENT AND ITS TOTAL COST FOR  SPECIAL  EDUCATION  PROGRAMS.  FOR  THE
    6  SCHOOL  YEAR  BEGINNING  JULY  FIRST,  TWO THOUSAND FOURTEEN 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 FIFTEEN, 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 SIXTEEN
   14  AND  THEREAFTER, EACH SCHOOL DISTRICT RECEIVES AN APPORTIONMENT EQUAL TO
   15  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.