Bill Text: NY S08294 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the methodology of rates to reimburse special education schools.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Introduced - Dead) 2018-06-15 - PRINT NUMBER 8294A [S08294 Detail]
Download: New_York-2017-S08294-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8294--A IN SENATE April 26, 2018 ___________ Introduced by Sens. MARCELLINO, BRESLIN, FUNKE, GALLIVAN, HELMING, KENNEDY, RANZENHOFER, SEPULVEDA, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15296-05-8S. 8294--A 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 article, 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.