Bill Text: NY S08294 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8294
                    IN SENATE
                                     April 26, 2018
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- 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 other
    13  provision  of  law, rule or regulation to the contrary, the commissioner
    14  of education shall, as part of the  reimbursement  methodology  for  the
    15  tuition approval process, include the use of interim plus rates consist-
    16  ing  of  a carryforward of the prior certified rate plus approved growth
    17  for any approved private school and  special  act  school  district  for
    18  which  the  commissioner  has failed to provide an approved tuition rate
    19  due to tuition waiver requests, audits of special  education  providers,
    20  capital  project  applications  or  other  departmental responsibilities
    21  which prevent the timely approval of tuition rates. The commissioner  of
    22  social  services,  in  consultation  with appropriate state agencies and
    23  departments, shall have responsibility for  developing  a  reimbursement
    24  methodology  for  maintenance, pursuant to section three hundred ninety-
    25  eight-a of the social services law and the regulations promulgated ther-
    26  eunder.
    27    c. The director of the budget, in consultation with  the  commissioner
    28  of  education,  the commissioner of social services, and any other state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15296-02-8
        S. 8294                             2
     1  agency or other source the director may deem appropriate, shall  approve
     2  reimbursement methodologies for tuition and for maintenance. Any modifi-
     3  cation  in  the approved reimbursement methodologies shall be subject to
     4  the  approval  of  the director of the budget. Notwithstanding any other
     5  provision of law, rule or regulation  to  the  contrary,  tuition  rates
     6  established for the nineteen hundred ninety-five--ninety-six school year
     7  shall  exclude  the  two percent cost of living adjustment authorized in
     8  rates established  for  the  nineteen  hundred  ninety-four--ninety-five
     9  school  year.  Notwithstanding any other provision of law, rule or regu-
    10  lation to the contrary, the director of the budget shall, as part of the
    11  reimbursement methodology for the tuition approval process, include  the
    12  use  of  interim  plus  rates  consisting of a carryforward of the prior
    13  certified rate plus approved growth for any approved private school  and
    14  special  act school district for which the commissioner of education has
    15  failed to provide  an  approved  tuition  rate  due  to  tuition  waiver
    16  requests,  audits of special education providers, capital project appli-
    17  cations or other departmental responsibilities which prevent the  timely
    18  approval of tuition rates.
    19    § 2. This act shall take effect immediately.