Bill Text: NY A02172 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A02172 Detail]

Download: New_York-2009-A02172-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2172
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by M. of A. McENENY, GALEF, JOHN, ENGLEBRIGHT, CLARK -- 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    S 2. Section 3602 of the education law is  amended  by  adding  a  new
   12  subdivision 25 to read as follows:
   13    25. 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  TEN  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 NINE.  FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO
   23  THOUSAND TEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR  APPOR-
   24  TIONMENT  PLUS  NOT  LESS  THAN TWENTY PERCENT OF THE DIFFERENCE BETWEEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00003-01-9
       A. 2172                             2
    1  SUCH APPORTIONMENT AND ITS TOTAL COST FOR  SPECIAL  EDUCATION  PROGRAMS.
    2  FOR  THE  SCHOOL  YEAR  BEGINNING  JULY FIRST, TWO THOUSAND ELEVEN, EACH
    3  SCHOOL DISTRICT SHALL RECEIVE THEIR BASE  YEAR  APPORTIONMENT  PLUS  NOT
    4  LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND
    5  ITS  TOTAL  COST  FOR  SPECIAL  EDUCATION  PROGRAMS. FOR THE SCHOOL YEAR
    6  BEGINNING JULY FIRST, TWO THOUSAND TWELVE  EACH  SCHOOL  DISTRICT  SHALL
    7  RECEIVE  THEIR  BASE YEAR APPORTIONMENT PLUS NOT LESS THAN SIXTY PERCENT
    8  OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT  AND  ITS  TOTAL  COST  FOR
    9  SPECIAL  EDUCATION  PROGRAMS.  FOR THE SCHOOL YEAR BEGINNING JULY FIRST,
   10  TWO THOUSAND THIRTEEN, EACH SCHOOL DISTRICT  SHALL  RECEIVE  THEIR  BASE
   11  YEAR  APPORTIONMENT  PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFERENCE
   12  BETWEEN SUCH APPORTIONMENT AND ITS  TOTAL  COST  FOR  SPECIAL  EDUCATION
   13  PROGRAMS.  FOR  THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND FOUR-
   14  TEEN 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    S 3. This act shall take effect immediately.