Bill Text: NY A07120 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to the methodology of rates to reimburse special education schools.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A07120 Detail]

Download: New_York-2019-A07120-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7120--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      April 9, 2019
                                       ___________

        Introduced  by  M.  of  A. BENEDETTO, COLTON, LUPARDO, DiPIETRO, BARRON,
          WALLACE, M. L. MILLER -- read once and referred to  the  Committee  on
          Education  -- reported and referred to the Committee on Ways and Means
          -- 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,  recommend  that, when interim rates are issued, such
    16  rates include the approved tuition reimbursement growth  rate  for  each
    17  year,  starting with the year used to form the basis of the interim rate
    18  and compounded at the approved growth rate for each subsequent year. The
    19  commissioner of social services, in consultation with appropriate  state
    20  agencies  and  departments,  shall  have responsibility for developing a
    21  reimbursement methodology for maintenance,  pursuant  to  section  three

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06019-02-9
        A. 7120--A                          2

     1  hundred  ninety-eight-a  of  the social services law and the regulations
     2  promulgated thereunder.
     3    c.  The  director of the budget, in consultation with the commissioner
     4  [of education], the commissioner of social services, and any other state
     5  agency or other source the director may deem appropriate, shall  approve
     6  reimbursement methodologies for tuition and for maintenance. Any modifi-
     7  cation  in  the approved reimbursement methodologies shall be subject to
     8  the approval of the director of the budget.  Notwithstanding  any  other
     9  provision  of  law,  rule  or  regulation to the contrary, tuition rates
    10  established for the nineteen hundred ninety-five--ninety-six school year
    11  shall exclude the two percent cost of living  adjustment  authorized  in
    12  rates  established  for  the  nineteen  hundred ninety-four--ninety-five
    13  school year.  Notwithstanding any other provision of law, rule or  regu-
    14  lation to the contrary, the director of the budget shall, as part of the
    15  reimbursement  methodology  for  the  tuition  approval process, approve
    16  that, when interim rates are issued, such  rates  include  the  approved
    17  tuition  reimbursement growth rate for each year, starting with the year
    18  used to form the basis  of  the  interim  rate  and  compounded  at  the
    19  approved growth rate for each subsequent year.
    20    § 2. This act shall take effect immediately.