Bill Text: NY S05192 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the methodology of rates to reimburse special education schools.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S05192 Detail]

Download: New_York-2019-S05192-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5192
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 15, 2019
                                       ___________
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        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 title,  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06019-01-9

        S. 5192                             2
     1  compliance with the fiscal reporting  requirements  promulgated  by  the
     2  commissioner.  The commissioner of social services, in consultation with
     3  appropriate state agencies and departments,  shall  have  responsibility
     4  for  developing a reimbursement methodology for maintenance, pursuant to
     5  section three hundred ninety-eight-a of the social services law and  the
     6  regulations promulgated thereunder.
     7    c.  The  director of the budget, in consultation with the commissioner
     8  [of education], the commissioner of social services, and any other state
     9  agency or other source the director may deem appropriate, shall  approve
    10  reimbursement methodologies for tuition and for maintenance. Any modifi-
    11  cation  in  the approved reimbursement methodologies shall be subject to
    12  the approval of the director of the budget.  Notwithstanding  any  other
    13  provision  of  law,  rule  or  regulation to the contrary, tuition rates
    14  established for the nineteen hundred ninety-five--ninety-six school year
    15  shall exclude the two percent cost of living  adjustment  authorized  in
    16  rates  established  for  the  nineteen  hundred ninety-four--ninety-five
    17  school year.  Notwithstanding any other provision of law, rule or  regu-
    18  lation to the contrary, the director of the budget shall, as part of the
    19  reimbursement  methodology for the tuition approval process, include the
    20  use of interim plus rates consisting  of  a  carryforward  of  the  most
    21  recent certified rate issued for the two thousand thirteen--two thousand
    22  fourteen school year or thereafter, plus an amount representing approved
    23  growth for special act school districts as defined in section four thou-
    24  sand  one  of  this title, approved preschool special education programs
    25  pursuant to section forty-four hundred ten of this article and  approved
    26  private  residential  or  non-residential  schools  for the education of
    27  students with disabilities including private schools  established  under
    28  chapter eight hundred fifty-three of the laws of nineteen hundred seven-
    29  ty-six  provided  that  interim  plus tuition rates shall only be issued
    30  where the corresponding program or school  is  in  compliance  with  the
    31  fiscal reporting requirements promulgated by the commissioner.
    32    § 2. This act shall take effect immediately.
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