Bill Text: NY A00500 | 2017-2018 | General Assembly | Introduced


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 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to education [A00500 Detail]

Download: New_York-2017-A00500-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           500
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced by M. of A. ABINANTI -- Multi-Sponsored by -- M. of A. KEARNS
          -- 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    §  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 eighteen 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 seventeen. For the school year beginning July first,
    23  two thousand eighteen, each school district  shall  receive  their  base
    24  year  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.
                                                                   LBD03320-01-7

        A. 500                              2
     1  between such apportionment and its  total  cost  for  special  education
     2  programs.  For  the school year beginning July first, two thousand nine-
     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 twenty, 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 twenty-one, 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  twen-
    14  ty-two  and  thereafter,  each school district receives an apportionment
    15  equal to 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    § 3. This act shall take effect immediately.
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