New York 2023-2024 Regular Session

New York Assembly Bill A04156 Latest Draft

Bill / Introduced Version Filed 02/10/2023

   
  STATE OF NEW YORK ________________________________________________________________________ 4156 2023-2024 Regular Sessions  IN ASSEMBLY February 10, 2023 ___________ Introduced by M. of A. RA -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to providing an annual growth amount for tuition and regional rate reimbursement for approved school-age and preschool special education programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 4003 of the education law, as 2 amended by chapter 947 of the laws of 1981, is amended to read as 3 follows: 4 2. The director of the budget, in consultation with the commissioner 5 [of education], the commissioner of social services, the commissioner of 6 health, the commissioner of mental health, and any other state agency or 7 other source he or she may deem appropriate, shall approve reimbursement 8 methodologies for tuition and maintenance. Any modification in any such 9 methodology which has previously been approved shall be subject to the 10 approval of the director of the budget. Tuition and/or fee for service 11 rates approved for the two thousand twenty-four--two thousand twenty- 12 five school year and thereafter for special services or programs 13 provided to school-age students by approved private residential or 14 nonresidential schools for the education of students with disabilities 15 that are located within the state, by special act school districts, and 16 by July and August programs for students with disabilities approved 17 pursuant to section forty-four hundred eight of this title, and for 18 special services or programs provided to preschool students by programs 19 serving preschool students with disabilities approved pursuant to 20 section forty-four hundred ten of this title including, but not limited 21 to, special class and special class in an integrated setting programs, 22 multi-disciplinary evaluation programs, special education itinerant 23 services, and preschool transportation services for which tuition and/or 24 fee for service rates are determined, shall grow by a percentage equal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08886-01-3 

 A. 4156 2 1 to the greater of: (i) the difference of the quotient arrived at when 2 dividing the statewide apportionments for general support for public 3 schools, as defined in subdivision one of section thirty-six hundred 4 nine-a of this chapter, for the current year by such apportionments for 5 the base year, as such terms are defined in subdivision one of section 6 thirty-six hundred two of this chapter, as is computed based on an elec- 7 tronic filing data file used to produce the school aid computer for the 8 current year, less one; or (ii) zero. 9 § 2. Paragraph c of subdivision 4 of section 4405 of the education 10 law, as amended by chapter 82 of the laws of 1995, is amended to read as 11 follows: 12 c. The director of the budget, in consultation with the commissioner 13 [of education], the commissioner of social services, and any other state 14 agency or other source the director may deem appropriate, shall approve 15 reimbursement methodologies for tuition and for maintenance. Any modifi- 16 cation in the approved reimbursement methodologies shall be subject to 17 the approval of the director of the budget. [Notwithstanding any other 18 provision of law, rule or regulation to the contrary, tuition rates 19 established for the nineteen hundred ninety-five--ninety-six school year 20 shall exclude the two percent cost of living adjustment authorized in 21 rates established for the nineteen hundred ninety-four--ninety-five 22 school year.] Tuition and/or fee for service rates approved for the two 23 thousand twenty-four--two thousand twenty-five school year and thereaft- 24 er for special services or programs provided to school-age students by 25 approved private residential or nonresidential schools for the education 26 of students with disabilities that are located within the state, by 27 special act school districts, and by July and August programs for 28 students with disabilities approved pursuant to section forty-four 29 hundred eight of this article, and for special services or programs 30 provided to preschool students by programs serving preschool students 31 with disabilities approved pursuant to section forty-four hundred ten of 32 this article including, but not limited to, special class and special 33 class in an integrated setting programs, multi-disciplinary evaluation 34 programs, special education itinerant services, and preschool transpor- 35 tation services for which tuition and/or fee for service rates are 36 determined, shall grow by a percentage equal to the greater of: (i) the 37 difference of the quotient arrived at when dividing the statewide appor- 38 tionments for general support for public schools, as defined in subdivi- 39 sion one of section thirty-six hundred nine-a of this chapter, for the 40 current year by such apportionments for the base year, as such terms are 41 defined in subdivision one of section thirty-six hundred two of this 42 chapter, as is computed based on an electronic filing data file used to 43 produce the school aid computer for the current year, less one; or (ii) 44 zero. 45 § 3. This act shall take effect immediately.